On April 12th, 1994, Department of Propaganda of the CPC Central
Committee, Press and Publication Administration, State Planning Commission, Ministry of
Foreign Trade and Economic Cooperation, Customs General Administration, State
Administration for Industry and Commerce and National Copyright Agency jointly printed and
issued the Urgent Circular on Enhancing Administration over CD and LD Reproduction
[Zhongxuanfawen{1994}No.5]. Since then, various localities have in a relatively good
manner implemented this circular and conducted a comprehensive sorting out on the CD
manufacturers already established within their respective jurisdictions. The Press and
Publications Administration and Ministry of Foreign Trade and Economic Cooperation
repeated the process of examining, approving and registering relevant enterprises.
However, in the recent period of time, it has been found that some localities and
departments have, without due authorization , approved the establishment of new CD
manufacturers, leading to repeated construction, wasted of resources and serious damages
to the already-established production order. This practice which runs counter to the
stipulations and the ban and disregards the overall situation, has encouraged such
law-breaking and criminal activities as infringement, piracy and illegal publication and
generated very bad social impacts. In order to safeguard the seriousness of law and
political decrees, the following circular is hereby issued regarding the further
enhancement of administration over CD reproduction.
1. The CD reproduction referred to in this circular shall mean the
engagement in the master-copy carving and reproduction of CD-DA, CD-V, V-CD, CD-ROM, CD-I,
CD-G, Photo-CD, CD-R, CD-MO, DVD and LD.
The CD production equipment referred to in this circular shall mean
equipment producing the above-mentioned CDs, including precision plastic injectors,
high-pressure plastic injectors, and other equipment of the same tariff line.
2. CD production is a restricted industry. Projects in this industry
shall be examined and approved according to relevant stipulations of the State Council. To
set up a CD manufacturer, it shall be necessary to go through the examination and approval
procedures of the Press and Publications Administration for the establishment of
audio-visual reproduction units, obtain the Operational Permit for AV Products
Reproduction and get registered with the administrative authorities for industry and
commerce; only after so doing can it start production. In the case of a foreign-invested
project, before getting registered with the administrative authorities, it shall also be
imperative to go through formalities of examination and approval with the Ministry of
Foreign Trade and Economic Cooperation and obtain the Approval Certificate for a
Foreign-Invested Enterprise. At present no more examination approval shall be conducted
over any newly-established CD manufacturer.
3. In the case of the CD manufacturers established under the approval
of various localities and departments without due authorization, if the equipment is yet
to be imported, such importation shall be stopped immediately; if equipment is already
imported, they shall not start production; and if production has already been started,
they shall immediately stop production and operating activities. Relevant authorities
shall immediately approve certificates for such manufacturers and revoke their business
licenses. In the case of unauthorized examination and approval, the responsibilities of
relevant competent authorities and their executive officials shall be investigated.
Regarding the production equipment that has been approved to be imported without due
authorization, if it has arrived at ports, all customs houses shall embargo and detain
them without any exception; if it has been imported, local administrative authorities for
industry and commerce shall seal them up without any exception and wait for the solutions
jointly recommended by the Press and Publications Administration and competent
authorities.
4. When the existing CD manufacturers apply for updating their CD
production equipment, should they fall into the category of projects that benefit
emulating the world's science and technology development levels, improving the CD
production mix and updating and upgrading technology, the AV administrative departments at
the provincial level shall examine them before submitting them to the Press and
Publications Administration for examination and approval on a strict basis.
5. When importing such CD production equipment as production lines for
CD master-copy carving and reproduction, the customs houses shall, without any exception,
inspect and release them upon presentation of the approval documentation from the Press
and Publications Administration and the permits from competent authorities; without
approval from the Press and Publications Administration, no unit shall import CD
production equipment. Upon discovery of importation of CD production lines in other names,
the customs houses shall mete out punishment according to law.
6. Upon receipt of this circular, AV administrative authorities in each
province, autonomous region and municipality directly administered by the Central
Government shall work in concert with competent to authorities conduct a serious sorting
out over the situation of CD manufacturers within their respective jurisdictions and, upon
discovery of cases of unauthorized approval of equipment importation and illegal
production, crack down on them strictly based on law. The Propaganda Departments of the
CPC Committees in each province, autonomous region and municipality directly administered
by the Central Government shall provide good coordination. The AV administrative
authorities in each province, autonomous region and municipality directly administered by
the Central Government shall, in a written from and before the end of July 1996, report to
the Press and Publications Administration with a copy to the Propaganda Department of the
CPC Central Committee regarding the sorting out and crackdowns.