The state prohibits the operation of audio and video products containing the following contents:

(1) Opposing the basic principles established by the Constitution;

(2) Endangering national unity, sovereignty and territorial integrity;

(3) leaking state secrets, endangering national security, or damaging national honor and interests;

(4) inciting ethnic hatred, ethnic discrimination, destroying ethnic Unity, or infringing on national customs and habits;

(5) Promoting cults and feudal superstitions;

(6) Disturbing social order and undermining social stability;

(7) Promoting obscenity, gambling, violence or instigating crimes;

(8) Insulting or slandering others and infringing upon others' legitimate rights and interests;

(9) Endangering society Public ethics or outstanding national cultural traditions;

(10) Containing other contents prohibited by laws, administrative regulations and state regulations. The Ministry of Culture is responsible for the supervision and management of the wholesale, retail and rental of audio and video products nationwide.

The cultural administrative departments of local people's governments at or above the county level are responsible for the supervision and management of the wholesale, retail and rental of audio and video products within their respective administrative areas. The state implements a licensing system for wholesale, retail, and rental activities of audio and video products; without permission, no unit or individual may engage in wholesale, retail, or rental activities of audio and video products.

Permits and approval documents issued in accordance with these Measures may not be altered, resold, rented, lent or otherwise illegally transferred. The Ministry of Culture is responsible for formulating the national audiovisual market development plan and macro-controlling the national audiovisual market.

The cultural administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate local audiovisual market development plans based on the national audiovisual market development plan and the economic and social development of the region, and guide the healthy development of the local audiovisual market. To apply for the establishment of an audiovisual products wholesale unit, you must submit it to the cultural administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government for review and approval, and submit the following materials:

(1) Application form stating the name and address of the audiovisual products wholesale unit , the name and address of the legal representative or principal responsible person and the main matters of the application;

(2) Name pre-approval notice and articles of association;

(3) The amount of registered capital and Its supporting documents;

(4) Proof of property rights of the business premises or letter of intent to lease;

(5) Identity certification materials of the legal representative or principal person in charge;

(6) Certification materials of organizational structure and personnel that meet the needs of the business scope;

(7) Other materials stipulated by laws and administrative regulations.

The cultural administrative department shall make a decision on approval or disapproval within 30 days from the date of accepting the application. If approved, an "Audio and Video Products Business License" shall be issued and reported to the Ministry of Culture for record. The applicant shall register with the industrial and commercial administration department with the "Audio and Video Products Business License" and obtain a business license in accordance with the law; if not approved, the reasons shall be explained. Any entity that establishes the retail or rental business of audio and video products or an individual who applies to engage in the retail or rental business of audio and video products must submit it to the cultural administrative department of the local county-level people's government for approval and submit the following materials:

(1) Application form, stating The name of the applicant unit or the business name and address of the individual, the name and address of the legal representative or principal responsible person, and the main matters of the application;

(2) Name pre-approval notice and articles of association;

(3) Proof of property rights of the business premises or letter of intent to lease;

(4) Identity certification materials of the legal representative or principal responsible person;

(5) Legal and administrative Other materials specified by regulations.

The cultural administrative department shall make a decision on approval or disapproval within 30 days from the date of accepting the application. If approved, an "Audio and Video Products Business License" shall be issued and reported to the cultural administrative department of the local people's government at the next higher level for record. The applicant shall register with the industrial and commercial administration department with the "Audio and Video Products Business License" and obtain a business license in accordance with the law; If approved, the reasons shall be stated.

Audio and video product wholesale units established with approval may engage in the retail and rental business of audio and video products at their wholesale business premises. To establish an audio and video product chain operation unit, the following conditions must be met:

(1) Have a definite name and articles of association;

(2) Have a definite business scope;

(3) The registered capital shall not be less than 1 million yuan, of which those engaged in national chain operations shall have a registered capital of not less than 5 million yuan;

(4) Plan to develop more than 5 direct sales of audio and video products Chain stores or more than 10 chain-specific operation counters;

(5) Have organizational structures and personnel that meet the needs of the business scope;

(6) Have corresponding management systems and computers Management conditions;

(7) Other conditions stipulated by laws and administrative regulations. An application for the establishment of a chain operation unit for audio and video products shall be submitted to the cultural administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located for examination and approval; an application for the establishment of a national chain operation unit for audio and video products shall be subject to examination and approval by the cultural administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government where its headquarters is located. Then, submit it to the Ministry of Culture for approval.

The applicant unit shall submit the following materials:

(1) Application form, stating the name and address of the applicant unit, the name and address of the legal representative or principal person in charge, and the purpose of the application. Main matters;

(2) Name pre-approval notice and articles of association;

(3) Amount of registered capital and supporting documents;

(4) Chain chain Proof of property rights or letter of intent to lease the business premises of the headquarters of the business unit;

(5) Identity certification materials of the legal representative or principal person in charge of the headquarters of the chain business unit;

(6) Audio and video product chain The organizational structure, distribution agency and distribution management system of the business unit;

(7) Proof of corresponding computer management conditions;

(8) The requirements stipulated by laws and administrative regulations Other materials.

The cultural administrative department shall make a decision on approval or disapproval within 30 days from the date of accepting the application. If approved, an Audiovisual Products Business License shall be issued, and the applicant shall register with the industrial and commercial administration department with the Audiovisual Products Business License and obtain a business license in accordance with the law; if not approved, the reasons shall be explained.

Without approval and registration, the word "chain" may not be used in the name of the unit, and the wholesale, retail, and rental business activities of audio and video products shall not be conducted in a chain manner. Audio and video product chain operation units can adopt direct chain operation and franchise chain operation methods. Those who adopt the franchise chain method must have experience in direct chain operation for more than one year and report to the original approval department for approval.

Direct chain stores refer to chain stores that are wholly-owned or controlled by the chain headquarters and are uniformly operated under the direct management of the headquarters.

A franchise chain refers to a chain store that is jointly established by the chain headquarters or has no asset relationship with the chain headquarters. By signing a contract with the headquarters, it obtains the franchise to use the headquarters' trademark, name, operating technology, and sell headquarters products.

The names of the distribution centers and directly-operated chain stores of audio and video product chain business units should use the font size in the name of their headquarters. Franchise chain stores may also use the font size in the name of their headquarters with the consent of their headquarters. An approved audio-visual products chain operation unit does not need to apply for a separate "Audio-visual Products Business License" to open a direct chain store or set up a chain operation counter. It can apply to the store with a copy of the "Audio-visual Products Business License" issued by the headquarters of the chain operation unit. After filing with the cultural administrative department of the local county-level people's government, go to the industrial and commercial administrative department to obtain a business license in accordance with the law.

When an audio and video product chain business unit is approved to open a franchise chain store, the chain store must go through the approval procedures in accordance with the relevant provisions of Article 11 of these Measures. If it already has an "Audio and Video Products Business License", it must Change procedures for relevant regulations.

Units or individuals engaged in the wholesale, retail and rental business of audio and video products shall not operate the following audio and video products:

(1) Audio and video products published by non-audio and video publishing units or audio and video products illegally published by audio and video publishing units;

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(2) Audio and video products copied by non-audio and video reproduction units or audio and video products illegally copied by audio and video reproduction units;

(3) Audio and video products imported without approval from the Ministry of Culture;

(4) Imported audio and video products for research, teaching reference or for exhibition and display;

(5) Audio and video products that infringe the copyright of others;

(6) Others Illegal audio and video products. Units or individuals engaged in the retail and rental business of audio and video products shall purchase goods from audio and video publishing and wholesale units.

When audiovisual publishing and wholesale units wholesale audiovisual products, they shall provide delivery vouchers in accordance with relevant national regulations; the delivery unit or purchaser shall keep the delivery and purchase vouchers and purchase certificates within 2 years from the date of delivery or purchase. Relevant bill materials for inspection.

Audiovisual product retail units and individuals engaged in the audiovisual product retail business shall issue invoices or receipts when selling audiovisual products, and indicate the name, price and amount of the audiovisual product.

Audio-visual product leasing units and individuals engaged in audio-visual product leasing business shall register the time, name, quantity and other matters of leasing audio-visual products. Entities that wholesale, retail, and rent audio and video products and individuals engaged in the retail and rental business of audio and video products shall hang the "Audio and Video Products Business License" in a conspicuous place in the business premises.

Audio and video direct-operated chain stores or chain operation counters should hang a copy of the "Audio and Video Products Business License" in a conspicuous place in the business premises. The cultural administrative department of the people's government at or above the county level may accept applications for identification of whether audio-visual products are illegal.

The applicant shall submit a written application to the cultural administrative department of the people's government at or above the county level where the audio-visual products are obtained, submit audio-visual product samples, bills and other materials, and fill in the audio-visual product appraisal registration form; the application shall specify the audio-visual products The source, name, quantity, date and place of acquisition, and the purpose and requirements for identification are stated.

When the cultural administrative department accepts an application for audio-visual product appraisal, it shall designate two or more personnel who are proficient in the appraisal business to undertake the appraisal work, and make an audio-visual product appraisal conclusion and issue an audio-visual product appraisal within 10 days from the date of acceptance of the application. Book.

The audio-visual product appraisal certificate shall state the name, carrier, publishing and distribution unit of the audio-visual product for which appraisal is applied, Chinese standard audio-visual product code, laser digital memory chip source identification code, audio-visual product anti-counterfeiting label and other main features. The applicant's name, address, valid certificates and contact information, as well as identification results, etc.

If the parties concerned have objections to the appraisal results, they may submit it to the superior cultural administrative department for review within 15 days from the date of receipt of the appraisal certificate. The superior cultural administrative department shall within 15 days from the date of receipt of the review application. Issue a written review conclusion. The wholesale, retail, rental and chain operation units of audio and video products change their names and business scopes, or merge with other wholesale, retail, rental and chain operation units of audio and video products, or establish new wholesale, retail, rental and chain operation units of audio and video products due to mergers and divisions. If it is a business unit, it shall handle the approval and registration procedures in accordance with the Regulations on the Administration of Audio and Video Products, these Measures and the relevant provisions on enterprise registration management.

Audio and video product wholesale, retail, rental and chain operation units change their address, legal representative or principal person in charge or terminate their business activities; individuals engaged in the audio and video product retail and rental business change their business scope, address or terminate their operations If you wish to carry out activities, you must go to the original industrial and commercial administrative department for registration change or deregistration, and file with the original approving cultural administrative department within 30 days from the date of registration. However, if the address is changed beyond the jurisdiction of the original issuing authority, the approval and registration procedures shall be handled in accordance with the provisions of the preceding paragraph. Staff members of cultural administrative departments who engage in or covertly engage in the business activities of wholesale, retail, or rental of audio and video products, or participate in or covertly participate in the business activities of wholesale, retail, or rental units of audio and video products, shall be subject to administrative sanctions of removal from their posts or expulsion in accordance with the law.

If the cultural administrative department commits any of the acts listed in the preceding paragraph, the responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. Anyone who commits one of the following acts shall be ordered by the cultural administrative department or law enforcement agency authorized by law to stop the illegal act, given a warning, and the illegally operated audio and video products and illegal income shall be confiscated; if the illegal business volume exceeds 10,000 yuan, a fine of over 10,000 yuan shall be imposed A fine of not less than 5 times but not more than 10 times; if the illegal business volume is less than 10,000 yuan, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed; if the circumstances are serious, the business shall be ordered to suspend business for rectification or the license shall be revoked by the original licensing authority; Those who commit crimes shall be transferred to the judicial department in accordance with relevant regulations and criminal liability shall be investigated in accordance with the law:

(1) Operating audio and video products published by non-audio and video publishing units or audio and video products illegally published by audio and video publishing units;

(2) Dealing in audio and video products copied by non-audio and video copy units or audio and video products illegally copied by audio and video copy units;

(3) Dealing in audio and video products imported without approval from the Ministry of Culture;

(4) Dealing in imported audio and video products for research, teaching reference or for exhibition and display;

(5) Dealing in other illegal audio and video products. Any of the following circumstances shall be considered serious as mentioned in Articles 34, 35 and 36 of these Measures:

(1) Violation of the "Regulations on the Administration of Audio and Video Products" Or as stipulated in these Measures, those who are subject to administrative penalties from the cultural administrative department twice within 2 years and violate the "Regulations on the Administration of Audio and Video Products" or the provisions of these Measures again;

(2) Operating without authorization during the suspension of business for rectification;

(3) Operating audio and video products that knowingly or should have known to contain content prohibited by Article 4 of these Measures will have a serious social impact;

(4) Operating audio and video products that are prohibited from operating under Article 21 of these Measures There are more than 100 audio-visual products (discs);

(5) There are other serious illegal circumstances. If an audio-visual publishing or wholesale unit wholesales audio-visual products and fails to provide delivery vouchers in accordance with relevant national regulations; if the delivery unit or purchasing unit fails to keep delivery or purchase vouchers and related bill materials within 2 years from the date of shipment or purchase, the Cultural Administration The department or law enforcement agency authorized by law shall give a warning or impose a fine of not more than 5,000 yuan.

Audio-visual product retail units and individuals engaged in the audio-visual product retail business do not issue invoices or receipts when selling audio-visual products, and audio-visual product leasing units and individuals engaged in the audio-visual product leasing business fail to register the time and name of the audio-visual products rented. and quantity and other matters, the cultural administrative department or the law enforcement agency authorized by law will give a warning or impose a fine of not more than 3,000 yuan. If an entity's license is revoked, its legal representative or principal responsible person shall not serve as the legal representative or principal responsible person of an audio-visual product wholesale, retail, or rental entity within 10 years from the date of revocation of the license.

If an individual engaged in the retail or rental business of audio and video products is subject to the administrative penalty of revoking the license, he or she shall not engage in the retail or rental business of audio and video products within 10 years from the date of revocation of the license. In the case of wholesale, retail or rental of audio and video products that are prohibited from operation as stipulated in Article 4 of these Measures and prohibited from operation as stipulated in Article 21 of these Measures, the party concerned shall explain and identify the source of the illegal audio and video products. If the illegal audio and video products are verified to be true, the illegal audio and video products shall be confiscated. , illegal gains may be reduced or exempted from other administrative penalties.

Article 47: Cultural administrative departments or legally authorized law enforcement agencies should establish an administrative penalty disclosure system to facilitate public review.