Regulations on the Administration of Audio and Video Products (2016 Revision)

 2018-05-14  8


Regulations on the Administration of Audio and Video Products (2016 Revision)


· Document Number:Order No. 666 of the State Council

· Area of Law: Culture

· Level of Authority: Administrative Regulations

· Date issued:02-06-2016

· Effective Date:02-01-2002

· Status: Effective

· Issuing Authority: State Council

 

Regulations on the Administration of Audio and Video Products 
(Promulgated by Order No. 341 of the State Council of the People's Republic of China on December 25, 2001, amended for the first time according to the Decision of the State Council on Amending the Regulations on the Administration of Audio and Video Products on March 19, 2011; revised for the second time in accordance with the Decision of the State Council on Amending Certain Administrative Regulations by the Order No. 645 of the State Council on December 7, 2013; and revised for the third time as per the Decision of the State Council on Amending Some Administrative Regulations on February 6, 2016)
Chapter I General Provisions
Article 1 These Regulations are enacted with a view to strengthening the administration of audio and video products, promoting the healthy development and flourishing of the career of audio and video products, enriching the cultural life of the masses and promoting the construction of socialist material civilization and spiritual civilization.
Article 2 These Regulations shall apply to such activities as publication, manufacture, reproduction, import, wholesale, retail, and lease, etc. of such audio and video products as audio tapes, video tapes, gramophone records, compact discs and laser discs, etc. on which contents are recorded.
Audio and video products used for radio and television broadcasts shall be subject to the laws and administrative regulations on radio and television.
Article 3 People engaged in the publication, manufacture, reproduction, import, wholesale, retail, and lease of audio and video products shall abide by the Constitution and the relevant laws and regulations, adhere to the orientation of serving the people and serving socialism and disseminate ideas, morals and scientific, technical and cultural knowledge beneficial to economic development and social progress.
The following contents are prohibited from being recorded in audio and video products:
(1) that which objects the basic principles determined in the Constitution;
(2) that which endangers the unity of the nation, sovereignty or territorial integrity;
(3) that which divulges secrets of the State, endangers national security or damages the honor or benefits of the State;
(4) that which incites the nationality hatred or discrimination, undermines the solidarity of the nationalities, or infringes upon nationality customs and habits;
(5) that which propagates evil cults or superstition;
(6) that which disturbs the public order or destroys the public stability;
(7) that which propagates obscenity, gambling, violence or instigates crimes;
(8) that which insults or slanders others, or infringes upon the lawful rights and interests of others;
(9) that which endangers public ethics or the fine folk cultural traditions;
(10) other contents prohibited by laws, regulations or provisions of the State.
Article 4 The competent publication department of the State Council shall be responsible for the supervision and administration of the publication, production, reproduction, import, wholesale, retail sale and lease of audio and video products across the country; and other relevant administrative departments of the State Council shall, according to the division of functions as prescribed by the State Council, be responsible for the supervision and administration of the relevant activities of operating audio and video products.”
The administrative department responsible for the administration of publication of the local people's government at or above the county level (hereinafter referred to as “the competent publication department”) shall be responsible for the supervision and administration of publication, production, reproduction, import, wholesale, retail sale and lease of audio and video products within its administrative region; and other relevant administrative departments of the local people's government at or above the county level shall be responsible for the supervision and administration of the relevant activities of operating audio and video products within their respective functions.
Article 5 The State shall apply a license system in respect of the publication, manufacture, reproduction, import, wholesale, retail and lease of audio and video products. No entity or individual shall, without permission, be engaged in the publication, manufacture, reproduction, import, wholesale, or retail, etc. of audio and video products.
The licenses or approval documents issued in accordance with these Regulations shall not be leased, lent, sold, or transferred in any other form.
Article 6 The competent publication department of the State Council shall be responsible for making development plans on the audio and video industry, and shall determine the total number, layout and structure of entities engaging in the publication of audio and video products and entities engaging in the reproduction of audio and video products across the country.
Article 7 Neither the departments for supervision and administration of business activities in respect of audio and video products nor their functionaries shall, directly or in a disguised form, be engaged in the business activities in respect of audio and video products or participate in the business activities of the audio and video product operating entities.
Chapter II Publication
Article 8 To establish an audio and video product publishing entity, the applicant shall meet the following conditions:
(1) having the name and articles of association of the audio and video product publishing entity;
(2) having the controlling entity and the competent organ which are cognized by the competent publication department under the State Council;
(3) having a well-defined scope of business;
(4) having an organization adapted to the needs of its scope of business and a staff of professionals in the publication of audio and video products who meet the qualification requirements prescribed by the State;
(5) having the funds, equipment and work premises adapted to the needs of its scope of business;
(6) other conditions provided for in laws and administrative regulations.
The approval on the establishment of an audio and video product publishing entity shall not only be in accordance with the conditions enumerated in the preceding paragraph, but also conform to the programming on the total number, distribution and structure of the audio and video product publishing entities.
Article 9 The application for the establishment of an audio and video product publishing entity shall be examined and consented to by the competent publication department under the people's government of the province, autonomous region or municipality directly under the Central Government where the applicant is located before it is submitted to the competent publication department under the State Council for examination and approval. The competent publication department under the State Council shall, within 60 days after accepting the application, make a decision on approving or not approving the application and shall notify the applicant. If the application is approved, a “License for Publishing Audio and Video Products” shall be issued to the applicant, who shall have itself registered and obtain the business license in accordance with the law in the administrative department for industry and commerce with the “License for Publishing Audio and Video Products”; if the application is not approved, the reason thereof shall be stated.
The application shall clearly state the following:
(1) the name and address of the audio and video product publishing entity;
(2) the name and address of the controlling entity of and the competent organ of the audio and video product publishing entity;
(3) the name(s), address(es) and qualification certifying documents of the legal representative or principal responsible person(s) of the audio and video product publishing entity;
(4) the sources and amount of funds of the audio and video product publishing entity.
Article 10 Where an audio and video product publishing entity intends to change its name, controlling entity, competent organ or scope of business, or to merge another audio and video product publishing entity, or to establish a new audio and video product publishing entity due to merger or division, it shall go through the formalities of examination and approval in accordance with Article 9 of these Regulations, and shall go through the corresponding registration formalities in the administrative department for industry and commerce that handled the original registration.
Where an audio and video product publishing entity intends to change its address, legal representative or principal responsible person(s), or to terminate its publishing business activities, it shall go through the modification registration or cancellation registration in the administrative department for industry and commerce that handled the original registration, and shall report to the competent publication department under the State Council for record.
Article 11 The annual publication plans of an audio and video product publishing entity and the key titles selected by it in respect of national security and social stability, etc. shall be examined and verified by the competent publication department under the people's government of the province, autonomous region or municipality directly under the Central Government at its locality before they are submitted to the competent publication department under the State Council for record; the audio and video products on the key selected titles shall not be published until they are submitted for record before publication.
Article 12 An audio and video product publishing entity shall indicate in a prominent position on the audio and video product it has published and its packaging such data as the name and address of the publishing entity, the publisher's code, time of publication and name of the copyright owner, etc. of the audio and video product; for the publication of imported audio and video products, it shall indicate the approval number of import in addition.
An entity engaging in the publication of audio and video products shall submit free samples to the National Library of China, the Archives Library of Chinese Publications and the competent publication department of the State Council according to the relevant provisions of the state.
Article 13 An audio and video product publishing entity may not lease, lend, sell or transfer in any other form its name to any entity or individual, nor shall it sell or transfer in any other form its publisher's code to any entity or individual.
Article 14 No entity or individual may engage in the audio and video product publishing activities by such means as purchasing, hiring, borrowing or using the name of an audio and video product publishing entity without authorization or by purchasing or forging the publisher's code of the audio and video product publishing entity.
None of the book publishing houses, newspaper offices, periodical offices or electronic publication publishing houses shall publish the audio and video products not in support of the publications published under its own imprint; however, each of them may, in accordance with the provisions of the competent publication department under the State Council, publish the audio and video products in support of the publications published under its own imprint, and may enjoy rights and shall undertake obligations with reference to the audio and video product publishing entities.
Article 15 Audio and video product publishing entities may cooperate with organizations or individuals from Hong Kong Special Administrative Region, Macao Special Administrative Region, Taiwan region and foreign countries to manufacture audio and video products. The specific measures shall be enacted by the competent publication department under the State Council.
Article 16 An audio and video product publishing entity shall apply a system of editor's responsibility, which guarantees that the contents of the audio and video products conform to these Regulations.
Article 17 Where an entity formed by an entity other than an audio and video recordings publishing entity to independently engage in the audio and video recordings manufacturing business (hereinafter referred to as the “audio and video recordings manufacturing entity”) applies for engaging in the audio and video recordings manufacturing business, the application shall be subject to the approval of the competent publication administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government where it is located. The competent publication administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall, within 60 days of accepting the application, make a decision to approve or disapprove the application, and notify the applicant. If the application is approved, an Audio and Video Recordings Manufacturing Permit shall be issued to the applicant; or if the application is disapproved, the reasons for disapproval shall be explained. The formation of entities engaging in the radio or television program production business shall comply with the provisions of relevant laws and administrative regulations.” In paragraph 3, “The approval of the formation of an audio and video recordings manufacturing entity” is replaced with “The approval of an application for engaging in the audio and video recordings manufacturing business.
The application shall clearly state the following:
(1) the name and address of the audio and video product manufacturing entity;
(2) the name(s), address(es) and qualification certifying documents of the legal representative or principal responsible person(s) of the audio and video product manufacturing entity;
(3) the sources and amount of funds of the audio and video product manufacturing entity.
The approval on the establishment of an audio and video product manufacturing entity shall not only be in accordance with the conditions enumerated in the preceding paragraph, but also take the total number, distribution and structure of the audio and video product manufacturing entities into consideration.
Article 18 Where an audio and video product manufacturing entity intends to change its name or scope of business, or to merge another audio and video product manufacturing entity, or to establish a new audio and video product manufacturing entity due to merger or division, it shall go through the formalities of examination and approval in accordance with Article 17 of these Regulations.
An audio and video recordings manufacturing entity which changes its address or its legal representative or primary person in charge or terminates its manufacturing operations shall under the recordation formalities with the competent publication administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government where it is located.
Article 19 An audio and video product publishing entity shall not entrust an entity which has not obtained the “License for Manufacturing Audio and Video Products” to manufacture audio and video products.
Where an audio and video product manufacturing entity is entrusted to manufacture audio and video products, it shall, in accordance with the relevant provisions of the State, conclude an entrustment manufacturing contract with the entrusting publishing entity; and shall verify the entrusting publishing entity's “License for Publishing Audio and Video Products” or the attestation on the publications published under its own imprint and the power of attorney for manufacturing audio and video products, which is covered with the seal of the entrusting publishing entity.
No audio and video product manufacturing entity shall publish, reproduce, wholesale or retail audio and video products.
Chapter III Reproduction
Article 20 To apply for engaging in the audio and video recordings reproducing business, the applicant shall meet the following conditions:
(1) having the name and articles of association of the audio and video product reproducing entity;
(2) having a well-defined scope of business;
(3) having an organization and the staff adapted to the needs of its scope of business;
(4) having the funds, equipment and work premises adapted to the needs of its scope of business;
(5) other conditions provided for in laws and administrative regulations.
The approval of an application for engaging in the audio and video recordings reproducing business shall not only be in accordance with the conditions enumerated in the preceding paragraph, but also conform to the programming on the total number, distribution and structure of the audio and video product reproducing entities.
Article 21 An application for engaging in the audio and video recordings reproducing business shall be subject to the approval of the competent publication administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government where the applicant is located. The competent publication administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall, within 20 days of accepting the application, make a decision to approve or disapprove the application, and notify the applicant. If the application is approved, a Reproduction Business Permit shall be issued to the applicant; or if the application is disapproved, the reasons for disapproval shall be explained.
The application shall clearly state the following:
(1) the name and address of the audio and video product reproducing entity;
(2) the name(s) and address(es) of the legal representative or principal responsible person(s) of the audio and video product reproducing entity;
(3) the sources and amount of funds of the audio and video product reproducing entity.
Article 22 Where an audio and video product reproducing entity intends to modify its scope of business, or to merge another audio and video product reproducing entity, or to establish a new audio and video product reproducing entity due to merger or division, it shall go through the formalities of examination and approval in accordance with Article 21 of these Regulations.
An audio and video recordings reproducing entity which changes its name or address or its legal representative or primary person in charge or terminates its reproducing operations shall undergo the recordation formalities with the competent publication administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government where it is located.
Article 23 To accept an authorization to reproduce any audio or video product, an entity engaging in the reproduction of audio and video products shall, in accordance with the relevant provisions of the state, conclude a reproduction authorization contract with the authorizing publishing entity; and shall verify the authorizing publishing entity's “License for Publishing Audio and Video Products”, the duplicate of its business license, the power of attorney for reproducing audio and video products bearing the seal of the authorizing publishing entity and the power of attorney obtained by the publishing entity; and to accept an authorization to reproduce any audio or video product not for sale, it shall verify the identity certificate of the authorizing entity and the power of attorney issued by the authorizing entity for reproducing audio and video products not for sale.
The audio and video product reproducing entity shall, within 2 years as of the completion of the reproduction of the audio and video products, preserve the entrustment contract, the samples of the audio and video products it has reproduced and the copies of the relevant attestation documents, so as to be ready for the inspection.
Article 24 An audio and video product reproducing entity may not accept the entrustment of an entity or individual who is not engaged in the publication of audio and video products to reproduce profit-making audio and video products, or reproduce audio and video products of its own accord, or wholesale or retail audio and video products.
Article 25 An audio and video product reproducing entity engaged in the reproduction of optical disks must, when reproducing them, use the plastic mould etched with the SID code, which is checked and issued by the competent publication department under the State Council.
Article 26 To accept an authorization to reproduce any overseas audio or video product, an entity engaging in the reproduction of audio and video products shall obtain the approval of the competent publication department of the people's government of the province, autonomous region or municipality directly under the Central Government, and go through registration formalities at the copyright administrative department according to law with the power of attorney of the copyright owner; the reproduced audio and video products shall be all transported overseas and shall not be distributed within China.
Chapter IV Import
Article 27 The business of importing finished audio and video products shall be operated by the entities engaging in the import of finished audio and video products which are approved by the competent publication department of the State Council; no entity or individual shall engage in the business of importing finished audio and video products without approval.
Article 28 Whoever imports the audio and video products used for publication or the finished audio and video products used for wholesale, retail or lease, etc. shall report the contents to the competent publication department under the State Council for examination.
The administrative department for cultural affairs under the State Council shall, within 30 days as of the receipt of the application for examination of the contents of the audio and video products, make a decision on approving or not approving the application and shall notify the applicant. If the application is approved, the approval document shall be issued to the applicant; if the application is not approved, the reason thereof shall be stated.
The entities that import audio and video products used for publication, and the import entities of finished audio and video products shall go through the import formalities in the customs with the approval documents by the administrative department for cultural affairs under the State Council.
Article 29 Whoever imports the audio and video products used for publication shall register the copyright thereof in the administrative department for copyright under the State Council.
Article 30 Whoever intends to import audio and video products for reference in research or teaching shall entrust an import entity of finished audio and video products to carry out the import in accordance with Article 28 of these Regulations.
Whoever imports the audio and video products used for exhibition or display shall, after being approved by the competent publication department under the State Council, go through the formalities of temporary import in the customs.
The audio and video products imported in accordance with this Article shall not be used for profit-making reproduction, wholesale, retail, lease or projection.
Chapter V Wholesale, Retail and Lease
Article 31 To apply for engaging in the audio and video recordings wholesale or retail business, the applicant shall meet the following conditions:
(1) having the name and articles of association of the audio and video product wholesaling, retailing or leasing entity;
(2) having a well-defined scope of business;
(3) having an organization and the staff adapted to the needs of its scope of business;
(4) having the funds, equipment and work premises adapted to the needs of its scope of business;
(5) other conditions provided for in laws and administrative regulations.
Article 32 An application for engaging in the audio and video recordings wholesale business shall be subject to the approval of the competent publication administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government where the applicant is located. An application for engaging in the audio and video recordings retail business shall be subject to the approval of the competent publication administrative department of the local people's government at the county level. The competent publication administrative department shall, within 30 days of accepting the application, make a decision to approve or disapprove the application, and notify the applicant. If the application is approved, a Publications Dealing Permit shall be issued to the applicant; or if the application is disapproved, the reasons for disapproval shall be explained.
The “Publication Business License” shall indicate the variety of the audio and video product business activities.
Article 33 Where an audio and video product wholesaling or retailing entity intends to change its name or scope of business, or to merge another audio and video product wholesaling, retailing or leasing entity, or to establish a new audio and video product wholesaling, retailing or leasing entity due to merger or division, it shall go through the formalities of examination and approval in accordance with Article 32 of these Regulations.
An audio and video recordings wholesale or retail entity which changes its address or its legal representative or primary person in charge or terminates its operations or an individual industrial and commercial household engaging in the audio and video recordings retail business which changes its scope of business or address or terminates its operations shall undergo the recordation formalities with the competent publication administrative department which granted the original approval.
Article 34 An audio and video product publishing entity may, in accordance with the relevant provisions of the State, wholesale and retail the audio and video products of its own publication. If it intends to be engaged in the wholesaling or retailing business of the audio and video products not of its own publication, it shall go through the formalities of examination and approval in accordance with Article 32 of these Regulations.
Article 35 The state permits the establishment of Sino-foreign cooperative joint enterprises engaging in the business of distributing audio and video products.
Article 36 No audio and video product wholesaling entity or entity or individual engaged in the retailing or leasing business, etc. of audio and video products may operate the audio and video products published by any entity other than the audio and video product publishing entities or reproduced by any entity other than the audio and video product reproducing entities, nor shall it/he operate the audio and video products which are imported without the approval of the competent publication department under the State Council or which infringe upon the copyrights of others.
Chapter VI Penalty Provisions
Article 37 Where the competent publication department or any other relevant administrative department or any functionary thereof accepts any property or benefits of another person by taking advantage of its/his position, and approves the application of an applicant which does not meet the statutory conditions for a permit or an approval document, which does not meet the statutory conditions for establishment, or fails to perform its/his supervisory functions, or fails to investigate any illegal act it/he has found, and thus causes serious consequences, the responsible person in charge and other directly liable persons shall be given disciplinary actions of demotion or even dismissal; where a crime is constituted, be subject to criminal liability in accordance with the provisions of the Criminal Law on the crime of accepting bribes, crime of abusing power, crime of dereliction or other crimes.
Article 38 Where any functionary in a supervisory and administrative department for audio and video product business activities is engaged in the audio and video product business activities directly or in a disguised form, or participate in an audio and video product operating entity's business activities directly or in a disguised form, he shall be imposed upon an sanctions of dismissal from his post or dismissal in accordance with the law.
Where the supervisory and administrative department for audio and video product business activities has any of the acts enumerated in the preceding paragraph, the person in charge held responsible and other directly responsible persons shall be punished in accordance with the preceding paragraph.
Article 39 Whoever, without approval, forms an audio and video recordings publishing or import entity or is engaged, without authorization, in the publishing, manufacturing, reproducing business or importing, wholesaling or retailing business activities, shall be banned by the competent publication department and the administrative department for industry and commerce in accordance with their legal powers; and shall be investigated for criminal liabilities in accordance with the provisions in the Criminal Law on the crime of illegal business operation; if the case is not serious enough for it to be imposed upon criminal punishments, its audio and video products under illegal operation, its illegal proceeds and special instruments and equipment used in the illegal activities shall be confiscated; if the amount of illegal operating fund is no less than 10,000 Yuan, it shall be imposed upon a fine of not less than 5 times but not more than 10 times the amount of illegal operating fund in addition; if the amount of illegal operating fund is less than 10,000 Yuan, it may impose a fine of not more than 50,000 yuan.
Article 40 Whoever publishes the audio and video products containing any content prohibited by Paragraph 2, Article 3 of these Regulations, or manufactures, reproduces, wholesales, retails, leases or projects the audio and video products containing any content prohibited by Paragraph 2, Article 3 of these Regulations that he/it knows clearly or ought to know, shall be investigated for criminal liabilities in accordance with the relevant provisions in the Criminal Law; if the case is not serious enough for him/it to be imposed upon criminal punishments, the competent publication department and the public security department shall, upon their respective powers, order him/it to cease the business for rectification, confiscate his/its audio and video products under illegal operation and his/its illegal proceeds; if the amount of illegal operating fund is not less than 10,000 Yuan, he/it shall be also imposed upon a fine of not less than 5 times but not more than 10 times the amount of illegal operating fund in addition; if the amount of illegal operating fund is less than 10,000 Yuan, he/it may impose a fine of not more than 50,000 yuan; if the case is serious, his/its license shall be revoked in addition by the original organ that issued the license.
Article 41 Whoever smuggles audio and video products shall be investigated for criminal liabilities in accordance with the provisions in the Criminal Law on the crime of smuggling; where the case is not serious enough for him/it to be imposed upon criminal punishments, he/it shall be imposed upon administrative punishments by the customs in accordance with the law.
Article 42 In case of any of the following circumstances, the party concerned shall be ordered to cease the illegal act, imposed upon a warning, confiscated of its audio and video products under illegal operation and illegal proceeds by the competent publication department; if the amount of illegal operating fund is not less than 10,000 Yuan, it shall be imposed upon a fine of not less than 5 times but not more than 10 times the amount of illegal operating fund in addition; if the amount of illegal operating fund is less than 10,000 Yuan, it may impose a fine of not more than 50,000 yuan; if the case is serious, it shall, in addition, be ordered to cease its business for rectification or its license shall, in addition, be revoked by the original organ that issued the license:
(1) an audio and video product publishing entity leases, lends, sells or transfers in any other form its name to or sells or transfers in any other form its publisher's code to another entity or individual;
(2) an audio and video product publishing entity entrusts an entity which has not obtained the “License for Manufacturing Audio and Video Products” to manufacture audio and video products, or entrusts an entity which has not obtained the “License for Operating Audio and Video Products” to reproduce audio and video products;
(3) an audio and video product publishing entity publishes the audio and video products which are imported without the approval of the competent publication department under the State Council;
(4) an audio and video product manufacturing entity or an audio and video product reproducing entity does not verify the power of attorney or the relevant attestations of the audio and video product publishing entity in accordance with these Regulations;
(5) an audio and video product reproducing entity reproduces other's audio and video products without authorization, or accepts the entrustment of an entity or individual who is not engaged in the publication of audio and video products to reproduce profit-making audio and video products, or reproduces audio and video products of its own accord.
Article 43 Where an audio and video product publishing entity violates the relevant provisions of the State by cooperating with an organization or individual from Hong Kong Special Administrative Region, Macao Special Administrative Region, Taiwan region or a foreign country to manufacture audio and video products without being examined and consented to by the competent publication department under the people's government of the province, autonomous region or municipality directly under the Central Government, or where an audio and video product reproducing entity violates the relevant provisions of the State by accepting the entrustment to reproduce overseas audio and video products without fully transporting the reproduced overseas audio and video products to the outside of the territory, it shall be ordered to make a correction, confiscated of its audio and video products under illegal operation and its illegal proceeds by the competent publication department under the people's government of the province, autonomous region or municipality directly under the Central Government; if the amount of illegal operating fund is not less than 10,000 Yuan, it shall be imposed upon a fine of not less than 5 times but not more than 10 times the amount of illegal operating fund in addition; if the amount of illegal operating fund is less than 10,000 Yuan, it may impose a fine of not more than 50,000 yuan; if the case is serious, its license shall be revoked by the original organ that issued the license in addition.
Article 44 In case of any of the following circumstances, the party concerned shall be ordered by the competent publication department to make a correction and be warned by them; if the case is serious, it shall, in addition, be ordered to make a rectification or its license shall, in addition, be revoked by the original organ that issued the license:
(1) an audio and video product publishing entity does not submit its annual publication plans and the key titles selected by it in respect of national security and social stability, etc. to the competent publication department under the State Council for record;
(2) an audio and video product publishing, manufacturing, reproducing, wholesaling or retailing entity does not go through the formalities of examination, approval and record in accordance with these Regulations when it intends to change its name, address, legal representative, principal responsible person(s) or scope of business, etc.;
(3) an audio and video product publishing entity does not indicate in a prominent position on the audio and video product which it has published and its packaging the contents as provided for by these Regulations;
(4) an audio and video product publishing entity does not submit a sample in accordance with these Regulations;
(5) an audio and video product reproducing entity does not preserve the materials prepared for inspection in accordance with these Regulations;
(6) an audio and video product reproducing entity engaged in the reproduction of optical disks uses, when reproducing optical disks, the plastic mould not etched with the SID code checked and issued by the competent publication department under the State Council.
Article 45 In case of any of the following acts, the party concerned shall be ordered to cease its illegal acts, be imposed upon a warning, and be confiscated of its audio and video products under illegal operation and its illegal proceeds by the administrative department for cultural affairs; if the amount of illegal operating fund is not less than 10,000 Yuan, it shall be imposed upon a fine of not less than 5 times but not more than 10 times the amount of illegal operating fund in addition; if the amount of illegal operating fund is less than 10,000 Yuan, it may impose a fine of not more than 50,000 yuan; if the case is serious, it shall, in addition, be ordered to cease its business for rectification, or its license shall, in addition, be revoked by the original organ that issued the license:
(1) to wholesale, retail, lease or project the audio and video products of an entity not engaged in the publication of audio and video products or the audio and video products reproduced by an entity not engaged in the reproduction of audio and video products;
(2) to wholesale, retail, lease or project the audio and video products imported without the approval of the competent publication department under the State Council;
(3) to wholesale, retail, lease or project the audio and video products imported for reference in research or teaching or used for exhibition or display;
Article 46 Where an entity is imposed upon the administrative penalty of revocation of its license due to its violation of these Regulations, its legal representative or each of its principal responsible persons shall not, within 10 years as of the revocation of the license, hold the post of legal representative or principal responsible person of an audio and video product publishing, manufacturing, reproducing, importing, wholesaling or retailing entity.
Where an individual engaged in the audio and video product retailing business is imposed upon the administrative penalty of revocation of its license due to his violation of these Regulations, he shall not, within 10 years as of the revocation of the license, be engaged in the audio and video product retailing business.
Article 47 With respect to the administrative penalty of fine imposed in accordance with these Regulations, the decision on the fine shall be separated from the collection of the fine in accordance with the relevant laws and administrative regulations; the collected fine must be totally turned over to the State treasury.
Chapter VII Supplementary Provisions
Article 48 This Regulation excluding Article 35 thereof shall apply to the publication, production, reproduction, import, wholesale and retail sale of electronic publications and other activities.
Article 49 The relevant organ shall not, when issuing licenses in accordance with these Regulations, collect any fees other than the cost that shall be collected on the basis of the legal standards.
Article 50 These Regulations shall come into force on February 1, 2002. The Regulations on the Administration of Audio and Video Products promulgated by the State Council on August 25, 1994 shall be simultaneously abolished.