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Application formalities: (I) Materials for application of establishment
preparation: 1. A written application; 2. Notice on prior-approval on
enterprise name or business license and constitution of the enterprise; 3.
Information and certificates of legal representatives or major person in charge
(including copies of their ID cards); 4. Certification on assessment of
capital issued by accountant firm(excepting those with a business
license); 5. Certificate of property rights or letter of intent on housing
lease of the business ground; 6. Construction plan of the business
ground; 7. "Declaration Form on Publicizing Public Gathering Places for
Culture Business of Shanghai"; 8. "Registration Form on Examination of
Business Ground for Profit-making Internet Services of Shanghai". (II)
Materials needed in applying for final examination: 1. Document of approval
on establishment preparation issued by culture administrative departments and
documents of approval from public security organs; 2. Written advice on
acceptance inspection of fire control in the construction project or written
advice on inspection of fire safety; 3. Certificate of property rights or
house-leasing contract of the business ground being put on record and
certificate of housing ownership of the house renter; 4. Distribution plan on
photographing and vedio equipments. Transaction procedures: (I)
Examination and approval procedures on application for establishment
preparation: 1. To accept the application: (1) To be accepted by culture
administrative bureaus on district or county level, who should produce opinion
on examination wrok within 10 working days from the day when the applicaiton is
accepted, and then report to the Center of application accepting of
Administration on Culture, Radio, Film and Television of Shanghai; (2) Center
of application accepting check and verify application materials, then producing
written document on accepting or not accepting the application on the spot,
submitting the materials to office of State Administration of Radio, Film and
Television within 24 hours, who is to send the materials to the Market
Department to do verification work.. 2. Examination and approval
work: (1) Personnel handling the case at Market Department is to finish
preliminary examination on the application materials within 5 working days,
producing an opinion on whether to approve or not(if materials are not complete
or not conform to legal form, Market department is to notify Center
of application accepting within 3 working days from the day when they
receive the materials and the center is to inform the applicants within 5
working days to get ready the rest materials. During applicants supplement their
application materials, examination and approval procedures are paused); (2)
Deputy director in charge of the work is to do reviewing work within 1working
day after getting opinions from preliminary examination, then producing opinion
from the reviewing work; (3) Director is to produce an opinion from the
examination and approval within 1 working day after getting opinion from
reviewing work from deputy director; (4) Leader of the Administration in
charge of the job is to make a decision on whether to approve the application or
not within 4 working days after getting opinion from director; (5) Leader of
the Administration in charge of the job is to send the decision to Market
Department, and personnel at the Market Department is to notify the center of
accepting applilcation about decision within 1 working day: those being approved
or not are to be issued a document of approval or a notice by the Market
Department and sent by the center.
(III)To inform applicants: The Center of application accepting is to send
a document of approval to applicants or send the notice to applicants within 3
working days after getting notification from Market Department.
(II)Procedures on application for final examination and its time
limit: 1. To accept the application: (1) To be accepted by culture
administrative bureaus on district or county level, who should produce opinion
on examination work within 7 working days from the day when the applicaiton is
accepted, and then report to the Center of application accepting of
Administration on Culture, Radio, Film and Television of Shanghai; (2)
Personnel at the Center of application accepting is to examine application
materials from applicants, producing written document on accepting or not
accepting the application on the spot, then submitting the materials to office
of State Administration of Radio, Film and Television within 24 hours, who is to
send the materials to the Market Department to do verifications work.
2. Examination and approval work: (1) Personnel handling the case at
Market Department is to finish preliminary examination on the application
materials within 5 working days, producing an opinion on whether to approve or
not(if materials are not complete or not conform to legal form, Market
department is to notify Center of application accepting within 3 working
days from the day when they receive the materials and the center is to inform
the applicants within 5 working days to get ready the rest materials. During
applicants supplement their application materials, examination and approval
procedures are paused); (2) Deputy director in charge of the work is to do
reviewing work within 1working day after getting opinions from preliminary
examination, then producing opinion from the reviewing work; (3) Director is
to make a decision on whether to approve the application or not within 2 working
days after getting opinion from reviewing work from deputy director; (4)
Personnel at the Market Department is to notify the center of accepting
applilcation about the decision within 1 working day: those being approved are
to be issued a "Permit on Internet Culture Operation" by the center and those
not approved are to be issued a notice by Market Department and sent by the
Center.
(III)To issue the Permit (or notify applicants): The Center of application
accepting is to issue the "Permit on Internet Culture Operation"(or a notice) to
applicants within 5 working days after getting notification from Market
Department.
<STRONG>annual inspection£º</STRONG> (I) Annual
inspection is done on "Permit on Internet Culture Operation" once a
year; (II) Administration on Culture, Radio, Film and Television of Shanghai
is to do verification work on the Permit at 4th quarter of each year and notify
units at 1 month in advance, publicizing requirements on annual
inspection; (III) By following the notified requirements on annual
inspection, Permit holders submit report on annual inspection, relevant
materials and unified annual inspection form to administrative departments on
culture; (IV) Annual inspection procedures are done by following those for
examination and approval; (V) Administration on Culture, Radio, Film and
Television of Shanghai is to finish annual inspection work within 10 working
days from the day when they receive materials for annual inspection.
The transaction is based on: (I) "Regulations on Administration of
Profit-making Internet Service Places" (Decree 363 from the State Coucil issued
on September 29th, 2002); (II) "Technical Norm on Computer Operation and
Management System of Profit-making Internet Service Places<WH/T 16-2002> "
(issued by Ministry of Culture on November 19th, 2002, B.S.F.[2002]
No.47); (III) "Opinions on Implementing Re-Examination and Registration Work
for Special Campaign to Fight Crime and Social Evils at Profit-making Internet
Service Places of Shanghai" issued by Administration on Culture, Radio, Film and
Television of Shanghai, Shanghai Public Security Bureau, Communication
Supervisory Bureau of Shanghai and Administration on Industry and Commerce of
Shanghai (issued on July 24th, 2002, H.W.G.Y.S.[2002] NO.890); (IV)
"Provisional Methods of Examining and Publicizing Public Gathering Places for
Culture Business" (issued on July 23rd, 2003, W.S.F.[2003] No.31);
Applicant qualifications: (I) Having name, residence, institutional framework
and consitution of the enterprise; (II) Having funds fit for its business
operations; (III)Having a userable floor space of no less than 150m2, which
is a complete business ground, with a storey height being no lower than 2.7m and
the space of a single computer no less than 2.5m2; (IV)Business ground meets
conditions of fire safety regulated by the country, being equipped with more
than two escape doors; (IV) Having at least 60 computers with complete
auxiliary facility, which can be used for going online at the same time, with a
speed of no lower than 1 mega for every 60 computers; (V) Having a fixed
network address, with its client machines inside being connected with Internet
through agent server in the manner of local area network; (VI) Having a sound
and perfect system on management of information network safety and safety
tenique measures; (VII) Being installed with software of computer operational
management; (VIII) Having computers for the special use of information
download service for customers; (IX) Having photographing and vedio
equipments to do supervision work on the business ground; (X) Having
personnel for safety management, for operational management and professional
personnel, among whom, there should be more than 3 personnel for safety
management; (XI) Having such system on information network safety management,
on registration of customers of going online and of tour inspection on business
ground; (XII) Being located in non-residential apartments (districts) with a
distance of over 200m from middle and primary schools; (XIII) Meeting the
requirements on total amount and layout of profit-making Internet service units
prescribed by Ministry of Culture and Administration on Culture, Radio, Film and
Television of Shanghai. |