(Promulgated by Decree No. 44 of the State Council of the People's
Republic of China in 2000)
Special Administration Proposal for Video
Games Operational Places submitted by the Ministry
of Culture, the State Economic and Trade Commission, the Ministry of Public
Security, the Ministry of Information Industry, the Ministry of Foreign Trade
and Economic Cooperation, the General Administration of Customs and the State
Administration of Industry and Commerce has been approved by the State Council.
Now it is transmitted to you, please implement earnestly.
June 15, 2000
Special Administration
Proposal for Video Games Operational Places
Ministry of Culture,
State Economic and Trade Commission, Ministry of Public Security, Ministry of
Information Industry, Ministry of Foreign Trade and Economic Cooperation,
General Administration of Customs and State Administration of Industry and
Commerce
(June 12, 2000)
In recent years, due to excessive video game
operational places and deficient local administration, a number of illegal
operations seriously hurt the healthy growth of the youth, upset the social
security order, becoming a major public hazard, causing fierce reaction from the
public, and the situation becomes so serious that it need to be dealt with
thoroughly and sternly. To earnestly strengthen the monitoring and
administration of video game operational places, crack down on and constraint
the harmful phenomenon that appear in the video game operational places,
gradually eradicate all the problems in the video game operational places, the
following proposals have been put forward:
1. In July, August and September in 2000,
the special administration for video game operational places will be carried out
throughout China. The tasks will be led by the Ministry of Culture, cooperated
with the State Economic and Trade Commission, the Ministry of Public Security,
the Ministry of Information Industry, the Ministry of Foreign Trade and Economic
Cooperation, the General Administration of Customs and the State Administration
of Industry and Commerce.
By means of sever treatment, related
departments shall clamp down on the video game operational places that have
illegal operation and seriously hurt the related regulations, further define the
qualifications that the video game operations should have, greatly reduce the
number of the places, sternly enhance the monitoring and administration,
strictly implement the legal and regulated operations of the video game
operational places.
2. As of the promulgation date, the proposal
is with immediate effect to stop approving new video game operational places,
and prohibit the current places adding or upgrading any type of video game
equipment.
3. As for the video game operational places
that have the following conditions, including punishment from the Ministry of
Culture together with the Ministry of Public Security, the Ministry of
Information Industry, the State Administration of Industry and Commerce, the
State Administration of Industry and Commerce should revoke their licenses or
clamp down on them. As for those who commit crimes, their criminal
responsibilities shall be tracked:
(1)
Without licenses or incomplete
licenses;
(2)
Within 200 meters around primary and secondary
schools;
(3) Receive youth under 18 years old in days
other than state-stipulated holidays and vocations;
(4) Violate the state-stipulated fire
protection regulations;
(5) Subcontract the video game operational
places to others;
(6) By any name of Computer House, Cyber
Bar or Network Caf¨¦, etc. to engage in profitable video games
activities;
(7) Establish any video game machines or
electro circuit board with gambling functions or by means of returning coins,
steel balls, lottery, screen billiard-maker and other lottery means;
(8) The games in the video game machines
contain any information that is against the basic principles of constitutions,
harms the unity of the nation or the integrity of the sovereignty or territory,
harms the safety and interest of the state, stability of the society, breaches
the national unity, instigates national split, infracts the customs of minority,
propagates obscenity, eroticism, superstition or violence to harm the mental and
physical health of consumers, upsets the social morality, or slanders or
humiliate the others.
(9) With other illegal operational
activities or operations that seriously hurt the related regulations;
4. Related authorities shall further define
the qualifications that the video game operational places should have, enhance
the requirements to the places, environment and management, and strictly observe
the related regulations to re-examine and register the video game operational
places.
Licenses will be granted by the industry and
commerce administration authorities to those qualified places re-examined by
local county-above-level governmental culture and public security authorities;
those unqualified should be suspended, or shut down without delay, the industry
and commerce administration authorities should suspend or revoke their
licenses.
The operators with licenses suspended or
revoked due to illegal operation or infringement of the related regulations
should not be engaged in video game activities.
5. To those re-examined and registered video
game operational places, the start time should not earlier than 8 am, later than
12pm, and hanging highlighted icon at noticeable place to indicate that persons
under 18 years old should be restricted and the tablet of the its name. As for
those who violate above-mentioned regulations, the culture departments should
order them to correct; as for those who refuse to correct, the culture
departments should report to the industry and commerce departments to implement
sanction to revoking license in line with related regulations.
6. As of the date of promulgation, the
proposal is with immediate effect that all activities concerning production and
sales of video game equipment and its parts or accessories geared to the
domestic market shall stop without any delay. Any enterprise or individual
should not be engaged in any production or sale activities of video game
equipment and its parts or accessories geared to the domestic market. Once it is
found, the economic and trade cooperation departments and information industry
departments should deal with in line with related regulations together with
industry and commerce departments.
Except processing trade, any other trade
means concerning import video game equipments and its parts or accessories
(Custom Commodity Code 95041000, 95043010, 95049010) should be strictly
restricted. The processing trade of video game equipment and its parts or
accessories should be listed in the restricted category, and implement
processing trade deposit account system. The foreign trade authorities should
employ strict examination, approval and management, the customs should implement
close monitoring to make sure the products should only be
sold back to abroad; to those products that cannot be exported within
stipulated period should be taken over or to be destroyed by the related
corporations under the supervision of the customs authorities in line with the
related regulations. The local customs administrations should increase the
strength to examine, and carry out focal examination and control, sternly crack
down on the illegal activities of smuggling video game equipment and its parts
or accessories by means of false reports or concealing.
7. The authorities at various level of
culture, economic and trade, public security, information industry, foreign
economic and trade cooperation, customs and industry and commerce should unify
thoughts, enhance understanding, further make clear their own responsibilities,
closely cooperate with each other under the leadership of local party committees
and governments, and sternly and earnestly implement the special administration
and daily supervision and management tasks.
The culture departments should fully exert
the role of super intendancy to carry out daily supervision and management of
the operation of video game places, study and solve the problems that appear in
the video game operational places in time. Together with the public security and
industry and commerce administration authorities and related departments, the
culture department should do well in the re-examination and registration of the
video game operational places, investigate and deal with illegal operations. The
economic and trade departments and information industry departments should
control the production and sales of the video game equipment and its parts or
accessories, deal with and crack down on the illegal producers and distributors
together with industry and commerce departments. The information industry
departments should sternly deal with and clamp down on the video games in
computer and network operational places (i.e. Computer House, Network Bar or
Network Caf¨¦). The public security departments should strengthen the public
security management and regular fire protection examination in the video game
operational places, eliminate any potential hazards, sternly crack down on
illegal activities and criminals such as gambling, obscenity, eroticism and
blazoning forth violence. The foreign trade and economic cooperation departments
should earnestly carry out the tasks of examination and approval and management
of the processing trade of video game equipment and its parts or accessories;
manage well the export and sale-back of the video game equipment and its parts
or accessories produced in the processing trade, cooperate with the customs
administrations to crack down on the smuggling of video game equipment and its
parts or accessories. The customs administrations should enhance the supervision
and control of the import and export of video game equipment and its parts or
accessories. The industry and commerce departments should cooperate with the
culture and public security departments to undertake the tasks of re-examination
and registration of video game operational places, suspend or revoke the
licenses of those unqualified; revoke the licenses of those video games
operational places that have illegal operations or seriously upset the related
regulations, sternly clamp down on the unlicensed and confiscate their illegal
incomes and the equipment. The related authorities shall revoke the licenses of
those manufacturers and distributors that target home markets to produce and
sell video game equipment and its parts or accessories in line with related
regulations.
8. The local governments should fully exert
the roles of news media in the special administration of video game operational
places; earnestly carry out the propaganda and public opinion guidance. Through
publicizing report telephone to establish necessary praising and rewarding
system and so on, they shall widely mobilize the masses to join the campaign,
form an excellent trend of joint rejection, and crack down on the illegal
operations of video game places.
9. Local governments at various levels
should carry through the important thought of Three Represents of Comrade
Jiang Zemin, with the responsible spirit to the Party and the people, fully
understand the significance of the special administrations to the safeguard the
mental and physical health of the teenage, prompt the socialism spirit
civilization construction, safeguard the basic interest of the people, put the
special administration on agenda, stick to the principle that everybody shoulder
one's own responsibilities, sternly enhance leadership, coordinate with the
related departments, organize special power to sternly carry out the tasks, and
properly deal with the problems that arise from the suspension of video game
equipment production and sales to achieve expected
results.