Issued by Order No. 49 of the Ministry of Culture of the People’s Republic of China on June 3, 2010
Effective: August 1, 2010
Table of Contents
Chapter I — General Provisions
Article 1 — These Measures are formulated in accordance with the relevant laws and administrative regulations for the purpose of strengthening the administration of online games, regulating the business operations of online games, safeguarding the lawful rights and interests of online game consumers, and promoting the healthy and orderly development of the online game industry.
Article 2 — These Measures apply to the provision of online game products and services within the territory of the People’s Republic of China.
For the purposes of these Measures, “online games” refers to game products and services that are composed of software programs and information data and are provided through information networks such as the internet and mobile communication networks.
Article 3 — The cultural administrative department under the State Council shall be the competent authority for online games and shall be responsible for the supervision and administration of online games nationwide. The cultural administrative departments of local people’s governments at or above the county level shall be responsible for the supervision and administration of online games within their respective administrative regions.
Chapter II — Content Management
Article 4 — Online game business entities engaged in the operation of online games shall obtain an Online Culture Business Operation Permit.
Article 5 — Domestic online games shall be filed with the cultural administrative department under the State Council within 30 days from the date they are put into operation. Imported online games shall be subject to content examination and approval by the cultural administrative department under the State Council before they may be put into operation.
Article 6 — Online games shall comply with the laws and regulations of the state and shall not contain content prohibited by Article 17 of the Regulations on the Administration of Internet Culture.
Article 7 — Online game business entities shall implement a content self-review system, designate specialized personnel for content review, and be responsible for the content of the online games they operate.
Chapter III — Protection of Minors
Article 8 — Online game business entities shall implement technical measures to protect minors, prohibit minors from accessing online games that are inappropriate for them, and restrict the duration of online gaming for minors.
Article 9 — Online game business entities shall require online game users to register and log in using their valid identity information. Users who are minors shall be subject to the anti-addiction system for online games.
Article 10 — Online game business entities shall not provide online game payment services to minors under the age of 8 and shall implement consumption limits for minors aged 8 to 18.
Article 11 — Online game business entities shall display health gaming tips and anti-addiction prompts in prominent positions and post online game anti-addiction rules in a conspicuous manner.
Chapter IV — Operational Management
Article 12 — Online game business entities shall abide by the relevant laws and regulations of the state on the protection of intellectual property rights and shall respect the lawful intellectual property rights and interests of others.
Article 13 — Online game business entities shall not authorize entities or individuals without the relevant qualifications to operate online games.
Article 14 — Online game business entities shall publicly announce the rules for random draw of virtual items in online games, including the probabilities of obtaining various virtual items and the total number of times of participation in the random draw.
Article 15 — Online game business entities shall keep records of user registration information and user behavior logs. The retention period for such records shall be not less than 180 days.
Article 16 — Online game business entities shall suspend or discontinue online game services in accordance with the relevant regulations of the state. Where online game services are to be suspended or discontinued, a public announcement shall be made 60 days in advance.
Chapter V — Supervision and Administration
Article 17 — The cultural administrative departments shall strengthen daily supervision and random inspections of online game business entities. The main contents include whether the online game content is compliant, whether the operation is lawful, and whether the protection measures for minors are in place.
Article 18 — The cultural administrative departments shall establish and improve the credit file management system for online game business entities and implement classified supervision.
Article 19 — The cultural administrative departments shall accept and deal with reports and complaints concerning online games in a timely manner and protect the lawful rights and interests of consumers.
Chapter VI — Legal Liability
Article 20 — Where an online game business entity operates online games without authorization in violation of these Measures, the cultural administrative department at or above the county level shall order it to cease the illegal practice and confiscate its illegal gains, and may impose a fine of not less than RMB 10,000 but not more than RMB 30,000.
Article 21 — Where an online game business entity violates the content management provisions by providing online games containing content prohibited by laws and regulations, the cultural administrative department shall give a warning and may impose a fine; where the circumstances are serious, it shall order the entity to suspend business for rectification or revoke its permit.
Article 22 — Where an online game business entity fails to implement the minor protection measures or anti-addiction system as required, the cultural administrative department shall order it to make corrections and give a warning, and may impose a fine of not more than RMB 30,000.
Chapter VII — Supplementary Provisions
Article 23 — Online game business entities that have engaged in online game business before the implementation of these Measures shall complete the relevant approval, filing and rectification formalities within 90 days from the date of implementation of these Measures.
Article 24 — These Measures shall be interpreted by the Ministry of Culture.
Article 25 — These Measures shall come into force on August 1, 2010.
Disclaimer: This is an unofficial English translation prepared for informational purposes only. It is not an official translation and has no legal authority. The original Chinese text of the measures shall prevail in all legal matters. While every effort has been made to ensure accuracy, no warranty is given as to the completeness or accuracy of the translation. Users should consult the official Chinese version or seek professional legal advice for matters requiring legal interpretation.
