国务院令第165号
（Promulgated by Decree No. 165 of the State Council of the People's Republic of China on August 25， 1994 and effective as of October 1， 1994）
颁布日期：19940825 　实施日期：19941001 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 These Regulations are formulated¹ to strengthen the administration of audio-visual products， promote the healthy development and flourish of the audio-visual enterprises， enrich the cultural life of the masses and give impetus² to the construction of socialist³ material civilization and spiritual civilization.

　　Article 2 These Regulations shall apply to the administration of the publication， reproduction， importation， wholesale⁴， retail⁵ and rental⁶ of such audio-visual products as audio tapes， video tapes， gramophone records， compact discs and laser discs on which contents are recorded and of the profit-making projection⁷ of video grams （hereinafter referred to as projection）。

　　Article 3 Persons engaged in operating activities in audio-visual products shall abide⁸ by the constitution and relevant laws and regulations， adhere to the orientation⁹ of serving the people and socialism and disseminate¹⁰ the ideas， morals and scientific， technical and cultural knowledge beneficial to economic development and social progress.

　　Dealings in audio-visual products with the following contents are prohibited：

　　（1） that which endangers the unity¹² and territorial¹³ integrity of the nation and sovereignty of the State；

　　（2） that which incites¹⁴ the splitting of the nation and undermines national solidarity¹⁵；

　　（3） that which divulges¹⁶ secrets of the State；

　　（4） that which propagates obscenity and superstition¹⁷ or glorifies¹⁸ violence；

　　（5） that which slanders¹⁹ or insults others； and

　　（6） other contents of which the publication and dissemination²⁰ are prohibited as stipulated²¹ by the State.

　　Article 4 The State delegates the administration of audio-visual products to different departments at various levels.

　　The administrative²² department responsible for the press and the publishing industry under the State Council shall take charge of the publication， reproduction and importation of audio-visual products nation-wide； the administrative department responsible for cultural affairs and the administrative department responsible for broadcasting， cinema and television under the State Council shall jointly²³ constitute an examining organ of the contents of audio-visual products （hereinafter referred to as the examining organ） to take charge of examining the contents of audio-visual products nation-wide； the administrative department responsible for cultural affairs under the State Council shall take charge of the whole sale， retail， rental and projection of audio-visual products nation-wide.

　　The other relevant administrative departments under the State Council shall， in accordance with the division of duties prescribed by the State Council， assist the departments listed above in the administration of audio-visual products.

　　The division of the work among the relevant departments of local People's Governments at or above the county level in the administration of audio-visual products shall be determined²⁴ by the provincial²⁵ People's Government.

　　The higher competent administrative department and the sponsor entity²⁶ of units dealing¹¹ in audio-visual products shall， in accordance with the relevant provisions of the State， supervise the operating activities of their subordinate units dealing in audio-visual products.

　　Article 5 The State shall enforce a licence system of the publication， reproduction， importation， wholesale， retail， rental and projection in audio-visual products.

　　Article 6 The higher competent administrative departments of units dealing in audio-visual products shall practise the rule of separating the functions of an enterprise from those of a government department and may not engage in the operating activities in audio-visual products nor participate in the operating activities of their subordinate units dealing in audio-visual products.

　　Chapter II Publication

　　Article 7 The administrative department responsible for the press and the publishing industry under the State Council shall be responsible for formulating²⁷ a development program concerning the audio-visual publishing enterprises and determining the total number， distribution and structure of the audio-visual publishing units nation-wide.

　　Article 8 To establish an audio-visual publishing unit， the following conditions should be met：

　　（1） To conform to the development program for audio-visual publishing enterprises；

　　（2） To have a set of articles of association conforming to the provisions of these Regulations；

　　（3） To have a well-defined scope of business；

　　（4） To have an organization suitable to the needs of its scope of business and personal conforming to the prescribed qualification requirements in the audio-visual publication；

　　（5） To have the necessary funds and equipment together with regular production premises²⁸.

　　Article 9 To apply for establishing an audio-visual publishing unit， the higher administrative department responsible for the applicant²⁹ unit shall submit the application to the administrative department for audio-visual products of the People's Government of the province， autonomous³⁰ region or municipality directly under the Central Government where the applicant unit is located for examination and， on obtaining the consent of the People's Government of the province， autonomous region or municipality directly under the Central Government， the administrative department for audio-visual products of the People's Government of the province， autonomous region or municipality directly under the Central Government shall submit the application to the administrative department responsible for the press and the publishing industry under the State Council for examination and approval. The latter shall， within 90 days from the date of receipt of the application， make a decision approving or not approving the application.

　　The application shall include the following items：

　　（1） the name and address of the audio-visual publishing unit and the economic sector³¹ to which it belongs；

　　（2） the names and addresses of the higher administrative department responsible for， and the sponsor unit of， the audio-visual publishing unit and the economic sector to which each of them belongs；

　　（3） the name， address and qualification certifying³² documents of the principal responsible person or legal representative of the audio-visual publishing unit；（4） the source and amount of funds of the audio-visual publishing unit.

　　Article 10 After the administrative department responsible for the press and the publishing industry under the State Council has approved the application for establishing the audio-visual publishing unit and issued the unit with a Licence for Publishing and Dealing in Audio-visual Products， the applicant unit shall take the Licence to the administrative department for industry and commerce in the place where the unit is located for registration³³ within 60 days.

　　On the basis of the Licence for Publishing and Dealing in Audio-visual Products issued by the administrative department responsible for the press and the publishing industry under the State Council and of the relevant provisions in respect of the administration of industry and commerce， the administrative department for industry and commerce shall issue the applicant unit with a business licence.

　　Article 11 An audio-visual publishing unit intends to change its name， its relation of subordination or its business scope， it shall go through the formalities of examination， approval and registration again in accordance with the provisions of Articles 9 and 10 of these Regulations.

　　An audio-visual publishing unit intends to change its address， principal responsible person or legal representative， it shall go through the formalities of altering its registration at the initial organ of issuance of the Licence.

　　An audio-visual publishing unit intends to terminate its publishing operations and dealings， it shall go through the formalities of cancellation³⁴ of its registration at the initial organ of issuance of the licence within 30 days from the date of cessation of its operating activities.

　　Article 12 An audio-visual product is published， such data as the name， address and publisher's code of the publishing unit， the number of its Licence for Distribution， the time of publication and the name of the copyright owner shall be indicated in a prominent position on the audio-visual product and its packaging.

　　The audio-visual publishing unit shall， within 30 days from the date of publication of the audio-visual product， present a sample to the Archives Library of Chinese Publications.

　　Article 13 An audio-visual publishing unit may not transfer， hire out or sell its name or publisher's code to any unit or individual.

　　Article 14 No unit or individual may purchase or forge the name or publisher's code of an audio-visual publishing unit or engage in the illegal publication of audio-visual products.

　　Article 15 The specific procedures for cooperative production of audio-visual products between an audio-visual publishing unit and an organization or individual in the region of Hong Kong， Macau or Taiwan or in a foreign country， shall be formulated by the administrative department responsible for the press and the publishing industry under the State Council jointly with the administrative department for cultural affairs and the administrative department for broadcasting， cinema and television under the State Council.

　　Matters concerning copyright in a contract of cooperative production of audio-visual products have to be registered with the administrative department for copyright affairs under the State Council.

　　Article 16 No book-publishing unit may publish audio-visual products not in support of books published under its own imprint³⁵. A book-publishing unit intends to engage in publishing operations of audio-visual products in support of books published under its own imprint， it shall go through the formalities of examination and approval in accordance with the provisions of Article 9 of these Regulations.

　　Article 17 An audio-visual publishing unit shall publish audio-visual products in accordance with the approved list of selected titles. The administrative procedures regarding lists of selected titles shall be formulated by the administrative department responsible for the press and the publishing industry under the State Council.

　　Article 18 The contents of the audio-visual products published by an audio-visual publishing unit （including audio-visual products produced by the unit in cooperation with an organization or individual in the region of Hong Kong， Macau or Taiwan or in a foreign country） shall have their contents to be examined in accordance with the provisions of the examining organ concerning the contents of audio-visual products， which organ will then issue a Licence for Distribution in Audio-visual Products， before they can be reproduced or sold wholesale or retail.

　　The administrative procedures regarding a Licence for Distribution in Audio-visual Products shall be formulated by the administrative department responsible for the press and the publishing industry under the State Council jointly with the administrative department for cultural affairs and the administrative department for broadcasting， cinema and television under the State Council.

　　Chapter III Reproduction

　　Article 19 The administrative department responsible for the press and the publishing industry under the State Council shall， in accordance with the development program of audio-visual publishing enterprises， determine the total number， distribution and structure of reproduction units for audio-visual products nation-wide.

　　Article 20 To establish an audio-visual reproducing unit， the following conditions should be met：

　　（1） To conform to the development program for audio-visual enterprises；

　　（2） To have a well-defined scope of business；

　　（3） To have an organization suitable to the needs of its scope of business；

　　（4） To have the necessary funds， equipment and reproduction premises.

　　Article 21 To apply for establishing an audio-visual reproducing unit， the higher administrative department responsible for the applicant unit shall submit the application to the administrative department for audio-visual products of the People's Government of the province， autonomous region， or municipality directly under the Central Government where the applicant unit is located for examination and， on obtaining the consent of the People's Government of the province， autonomous region， or municipality directly under the Central Government， the administrative department for audio-visual products of the People's Government of the province， autonomous region or municipality directly under the Central Government shall submit the application to the administrative department responsible for the press and the publishing industry under the State Council for examination and approval. The latter shall make a decision within 90 days from the date of receipt of the application.

　　The application shall include the following items：

　　（1） the name and address of the audio-visual reproducing unit and the economic sector to which it belongs；

　　（2） the names and addresses of the higher administrative department responsible for， and the sponsor entity of， the audio-visual reproducing unit and the economic sector to which each of them belongs；

　　（3） the name， address and qualification certifying documents of the principal responsible person or legal representative of the audio-visual reproducing unit；

　　（4） the source and amount of the funds of the audio-visual reproducing unit.

　　Article 22 After the administrative department responsible for the press and the publishing industry under the State Council has approved the application for establishing the audio-visual reproducing unit and issued the applicant unit with a Licence for Reproducing and Dealing in Audio-visual Products， the applicant unit shall take the Licence to the local administrative department for industry and commerce for registration within 60 days.

　　On the basis of the Licence for Reproducing and Dealing in Audio-visual Products issued by the administrative department responsible for the press and the publishing industry under the State Council and of the relevant provisions in respect of the administration of industry and commerce， the administrative department for industry and commerce shall issue the applicant unit with a business licence.

　　Article 23 An audio-visual reproducing unit intends to change its name， its relation of subordination or its business scope， it shall go through the formalities of examination， approval and registration again in accordance with the provisions of Articles 21 and 22 of these Regulations.

　　An audio-visual reproducing unit intends to change its address， principal responsible person or legal representative， it shall go through the formalities of altering its registration at the initial organ of issuance of the Licence.

　　An audio-visual reproducing unit intends to terminate its reproducing operations and dealings， it shall go through the formalities of cancelling its registration at the initial organ of issuance of the Licence within 30 days from the date of cessation of its operating activities.

　　Article 24 An audio-visual publishing unit may entrust³⁶ an audio-visual reproducing unit approved by the State with the reproduction of audio-visual products. But it may not entrust the audio-visual reproducing unit with the reading and editing of audio-visual products.

　　Article 25 An audio-visual reproducing unit shall reproduce audio-visual products on the strength of the certificate of entrustment³⁷ drawn³⁸ up by an audio-visual publishing unit. When accepting an entrusting³⁹ order， the audio-visual reproducing unit shall require the entrusting unit to provide the relevant certifying documents.

　　Certifying documents mentioned in the section above include a copy each of the Licence for Publishing and Dealing in Audio-visual Products and the business licence of the entrusting unit， a certificate of entrustment with the signature or seal of the principal responsible person or legal representative affixed⁴⁰， the Licence for Distribution in Audio-visual Products， and the written authorization⁴¹ of the copyright owner.

　　The audio-visual reproducing unit shall conclude with the entrusting unit a contract in which the entrusting unit shall entrust it with the reproduction， and it shall reproduce the audio-visual products according to the stipulations in the contract.

　　The audio-visual reproducing unit shall preserve samples of the audio-visual products it reproduces and the relevant certifying documents.

　　No audio-visual reproducing unit may accept an entrusting order to reproduce profit-making audio-visual products from a unit or individual other than an audio-visual publishing unit. The audio-visual reproducing unit may not reproduce and sell audio-visual products， wholesale or retail， of its own accord.

　　Article 26 An audio-visual reproducing unit accepts master tapes and moulds provided from abroad to reproduce audio-visual products， it shall submit the master tapes and moulds to the administrative department for audio-visual products at the provincial level to be examined as to their contents， and shall take the letter of authorization of the copyright owner to the administrative department for copyright affairs for registration. The audio-visual products reproduced shall all be sold abroad.

　　Chapter IV Importation

　　Article 27 The examining organ of the contents of audio-visual products shall be responsible for examining the contents of imported audio-visual products. After they are examined and found to be up to standard， the administrative department for cultural affairs and the administrative department for broadcasting， cinema and television under the State Council shall， each according to the division of their responsibility， issue a Licence for Distribution in Audio-visual Products and report the matter to the administrative department responsible for the press and the publishing industry under the State Council for the record， before the imported audio-visual products can be reproduced and sold wholesale or retail.

　　Article 28 Audio-visual products used for reproduction are imported， the relevant data on copyright have to be submitted to the administrative department for copyright affairs under the State Council for registration.

　　Audio-visual products imported for reference in research， teaching and studying shall not be used for profit-making reproduction， wholesale， retail， rental and projection.

　　Chapter V Wholesale， Retail， Rental and Projection

　　Article 29 A unit intending to apply for engaging in general wholesale operations in audio-visual products shall file an application with the administrative department for audio-visual products in the People's Government of the province， autonomous region or municipality directly under the Central Government where the unit is located. After the application is examined and consented to， it shall be submitted to the administrative department for cultural affairs under the State Council for examination and approval. After the application has been approved and the unit has obtained a Licence for Engaging in Wholesale Operations in Audio-visual Products， the unit shall take the Licence to the administrative department for industry and commerce in the People's Government of the province， autonomous region or municipality directly under the Central Government where the unit is located for registration and take out a business licence.

　　A unit intending to apply for engaging in wholesale operations in audio-visual products shall filed an application with the administrative department for audio-visual products in the People's Government of the province， autonomous region or municipality directly under the Central Government where the unit is located for examination and approval. After The application has been approved and the unit has obtained a Licence for Engaging in Wholesale Operations in Audio-visual Products， the unit shall take the Licence to the administrative department for industry and commerce in the People's Government of the province， autonomous region or municipality directly under the Central Government where the unit is located for registration and take out a business licence.

　　A unit intending to apply for engaging in retail or rental operations in audio-visual products shall file an application with the administrative department for audio-visual products in the People's Government at the county level in the place where the unit is located for examination and approval. After the application has been approved and the unit has obtained a Licence for Engaging in Retail Operations in Audio-visual Products or a Licence for Engaging in Rental Operations in Audio-visual Products， the unit shall take the Licence to the administrative department for industry and commerce in the place where the unit is located for registration and take out a business licence.

　　A unit intending to apply for engaging in projection operations in audio-visual products shall file an application with the administrative department for audio-visual products in the People's Government of the province， autonomous region or municipality directly under the Central Government where the unit is located for examination and approval. After the application has been approved and the unit has obtained a Licence for Engaging in Projection Operations in Audio-visual Products， the unit shall take the Licence to the administrative department for industry and commerce in the place where the unit is located for registration and take out a business licence.

　　No unit or individual may engage in such operating activities as the wholesale， retail， rental and projection in audio-visual products without having obtained an operating licence and a business licence.

　　Article 30 An audio-visual publishing unit may sell audio-visual products published by itself in accordance with the relevant stipulations of the State. It intends to engage in sale operations in audio-visual products not published by itself， it shall go through the formalities of examination and approval in accordance with the provisions of Article 29 of these Regulations.

　　Article 31 An audio-visual reproducing unit may not engage in sale operations in audio-visual products.

　　Article 32 Units engaging in wholesale， retail， rental and projection operating activities in audio-visual products may not deal in audio-visual products for which no Licence for Distribution in Audio-visual Products has been obtained， nor may they deal in audio-visual products infringing⁴² the copyright of others.

　　Audio-visual products for exclusive home use may not be used for profit-making projection.

　　Article 33 The administrative departments for audio-visual products in the local People's Governments at or above the county level have the power to supervise and inspect the wholesale， retail， rental and projection activities in audio-visual products within their administrative regions and to investigate and deal with acts of illegal wholesale， retail， rental and projection in audio-visual products.

　　Chapter VI Provisions of Penalties

　　Article 34 Anyone， in contravention of these Regulations， has committed one of the following acts， the administrative department for the press and the publishing industry under the State Council or the administrative department for audio-visual products in a local People's Government at or above the county level shall， according to the seriousness of the case， deal with the actor by giving him or it a warning or ordering him or it to desist from publishing， reproducing， or selling audio-visual products， or having the illegal audio-visual products confiscated⁴³ and destroyed， or having his or its illegal income confiscated， or his or its operating licence for publication or reproduction of audio-visual products revoked⁴⁴， and may in addition impose on him or it a fine of more than five times and less than ten times the amount of the illegal income：

　　（1） where an audio-visual publishing unit transfers， hires out or sells its own name or publisher's code to another unit or individual；

　　（2） where a book publishing unit publishes audio-visual products not in support of books published by itself or publishes audio-visual products in support of books published by itself without obtaining approval；

　　（3） where an unit other than an audio-visual publishing unit publishes audio-visual products；

　　（4） where an audio-visual publishing unit publishes audio-visual products for which no Licence for Distribution in Audio-visual Products has been obtained；

　　（5） where an unit other than an audio-visual reproducing unit reproduces audio-visual products； （6） where an audio-visual reproducing unit reproduces audio-visual products without entrustment or reproduces audio-visual products for which no Licence for Distribution in Audio-visual Products has been obtained；

　　（7） where audio-visual products are made in cooperation with organizations or individuals in the region of Hong Kong， Macau or Taiwan or in foreign countries without having been approved；

　　（8） where audio-visual products are imported without having been approved；

　　（9） where audio-visual products with contents banned by Article 3（2） of these Regulations are published or reproduced.

　　The administrative punishment of revoking⁴⁵ a licence for engaging in audio-visual product publishing or reproducing operations has to be approved by the administrative department for the press and the publishing industry under the State Council.

　　Anyone who has committed an act specified⁴⁶ in Section 1 of this Article， constituting a crime， shall be prosecuted⁴⁷ for his criminal liability according to law.

　　Article 35 Anyone， in contravention of these Regulations， has committed one of the following acts， the administrative department for cultural affairs under the State Council or the administrative department for audio-visual products under a local People's Government at or above the county level shall， according to the seriousness of the case， deal with him by giving him a warning， or ordering him to desist from the wholesale， retail， rental and projection of the illegal audio-visual products， or confiscating⁴⁸ and destroying such products， confiscating his illegal income， or revoking his licence for engaging in wholesale， retail， rental， or projection operations in audio-visual products， and may in addition impose on him a fine of more than five times and less then ten times the amount of the illegal income：

　　（1） where audio-visual products are sold by wholesale or retail， rented or projected without an operating licence having been obtained；

　　（2） where audio-visual products for which no Licence for Distribution in Audio-visual Products has been obtained are sold by wholesale or retail， rented or projected；

　　（3） where audio-visual products published or reproduced by units other than audio-visual publishing or reproducing units are sold by wholesale or retail， rented or projected；

　　（4） where informational audio-visual products for reference in research， teaching and studying are sold by wholesale or retail， rented or projected；

　　（5） where audio-visual products with contents banned by Article 3（2） of these Regulations are sold by wholesale or retail， rented or projected.

　　The administrative punishment of revoking a licence for engaging in wholesale， retail， rental or projection operations has to be approved by the initial organ of issuance of the licence.

　　Anyone who has committed an act specified in Section 1 of this Article， constituting a crime， shall be prosecuted for his criminal liability according to law.

　　Article 36 Anyone who has published， reproduced， imported， sold， rented or projected audio-visual products， infringing the copyright of others， shall be punished by the administrative department for copyright affairs according to the relevant provisions of the Copyright Law of the People's Republic of China； the act constitutes a crime， the actor shall be prosecuted for his criminal liability according to law.

　　Article 37 Acts in contravention of the laws and regulations of the State concerning the administration of industry and commerce shall be punished administratively⁴⁹ by the administrative department for industry and commerce according to the provisions of the relevant laws and regulations.

　　Acts in contravention of security administration shall be punished administratively by the public security organ according to the provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security.

　　Article 38 A party， who does not accept the administrative punishment， may apply for administrative reconsideration in accordance with the provisions of the Regulations for Administrative Reconsideration； the party does not accept the reconsideration decision， he may bring a suit before a People's Court in accordance with the provisions of the Law of the People's Republic of China on Administrative Proceedings⁵⁰. The party does not apply for reconsideration or bring a suit before a People's Court within the time limit， nor does he comply with the decision on punishment， the organ imposing⁵¹ the punishment may apply to the People's Court for enforcement.

　　Chapter VII Supplementary⁵² Provisions

　　Article 39 Units being established before the coming into effect of these Regulations and engaging in the publication， reproduction， wholesale， retail， rental and projection in audio-visual products shall， within 180 days from the date on which these Regulations came into effect， go through again the formalities of examination and registration in accordance with the relevant provisions of these Regulations.

　　Units engaging in the publication， reproduction， wholesale， retail， rental and projection in audio-visual products shall， beginning from the date on which these Regulations came into effect， go through the formalities of examination and registration once every two years.

　　Article 40 These Regulations shall come into effect as of October 1， 1994. The Interim⁵³ Provisions for the Administration of Audio-visual Products published by the former Ministry⁵⁴ of Broadcasting and Television with the approval of the State Council shall simultaneously⁵⁵ be abolished.

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