Measures to protect the rights and interests of Internet virtual
1、 (1) the virtual currency of online games mentioned in this Notice refers to the virtual currency issued by online game operators, which is purchased directly or indirectly by game users using legal tender in a certain proportion, and exists outside the game program and stored in the server provided by online game operators in the form of electromagnetic recording, And a virtual exchange tool expressed in specific digital units. Online game virtual currency is used to exchange the online game services provided by the issuing enterprise within a specified scope and within a specified time. It is expressed in the form of prepaid recharge card, prepaid amount or points, but does not include the game props obtained in the game activities
(2) cultural administrative departments should strictly enforce market access and strengthen the management of online game virtual currency issuers and online game virtual currency trading service providers. Those engaged in the business of "online game virtual currency issuing service" and "online game virtual currency trading service" shall be managed in accordance with the "decision of the State Council on Setting Administrative License for administrative examination and approval items that really need to be retained" (Order No. 412 of the State Council) and the "Interim Provisions on the administration of Internet culture". All enterprises providing the above two services must meet the relevant conditions for the establishment of operational Internet cultural units, apply to the provincial cultural administrative department where the enterprises are located, and report to the Ministry of culture for examination and approval after the initial examination by the provincial cultural administrative department“ Online game virtual currency issuing enterprises refer to online game operation enterprises that issue and provide virtual currency service“ "Online game virtual currency transaction service enterprise" refers to the enterprise that provides platform service for online game virtual currency transaction among users. The same enterprise shall not operate the above two businesses at the same time
(3) in addition to submitting relevant materials in accordance with the law, enterprises applying to engage in the business of "online game virtual currency issuance service" must submit the form of virtual currency expression, scope of issuance, unit purchase price, return method at the time of service termination, user purchase method (including cash, bank card, online payment, etc.) in the business development report User rights protection measures, technical security measures, etc< (4) engaging in the business of "online game virtual currency trading service" must comply with the relevant provisions of the competent department of Commerce on e-commerce (platform) services. In addition to the materials submitted in accordance with the law, such enterprises should submit the service (platform) mode, user purchase method (including cash, bank card, online payment and other purchase methods), user rights protection measures, user account binding with real name bank account, technical security measures, etc. in the business development report< (5) enterprises that have engaged in online game virtual currency issuing or trading services shall apply to the cultural administration department for relevant business operations within three months from the date of printing and distributing this circular. Those who fail to apply within the time limit shall be investigated and dealt with by the cultural administrative department in accordance with the Interim Provisions on the administration of Internet culture. A of the approval document from the cultural administration department shall be sent to the Ministry of Commerce and the people's Bank of China< (6) online game operators should issue appropriate amount of online game virtual currency according to their own business conditions and proct operations. Malicious issuance for the purpose of occupying prepaid funds is strictly prohibited. The total amount of virtual currency issued by online game operation enterprises shall be submitted to the provincial cultural administrative department of the place where the enterprise is located on a quarterly basis
(7) except for legal currency purchase, online game operators shall not provide online game virtual currency to users in any other way. When issuing online game virtual currency, online game operators must keep users' recharge records. The storage period of the record shall not be less than 180 days from the date of user recharge< (8) the use of online game virtual currency is limited to the virtual services provided by the issuing enterprise itself, and shall not be used to pay for or purchase physical procts or exchange for any procts or services of other enterprises< (9) online game operators should take necessary measures and complaint handling proceres to protect the legitimate rights and interests of users, and explain them in a prominent position on the website where the enterprise provides services to users
(x) in case of disputes in the use of virtual currency in online games, the user shall present a valid personal identity card consistent with the registered identity information. After verifying the identity of users, online game operators should provide virtual currency recharge and transfer records, and handle them according to the complaint handling proceres. When the legitimate rights and interests of users are infringed, online game operators should actively assist in obtaining evidence and coordinating solutions< (11) if an online game operator plans to terminate the provision of its procts and services, it shall make an announcement 60 days in advance. When the service is terminated, for the virtual currency that the user has purchased but has not used, the online game operator must return it to the user in legal currency or other ways accepted by the user
if the online game service is interrupted continuously for 30 days e to the stop of service access, technical failure and other reasons of the online game operation enterprise, it shall be deemed to be terminated
(12) online game operation enterprises shall not change the unit purchase price of online game virtual currency. When new types of virtual currency are issued, they shall report to the cultural administration department for record according to the materials listed in Article 3 of this circular
(XIII) if online game operators do not support online game virtual currency transactions, they should take technical measures to prohibit the transfer function of online game virtual currency between user accounts
(14) when providing online game virtual currency related transaction services, online game virtual currency transaction service enterprises must require sellers to register with their real names by using valid identity documents, and require them to bind domestic bank accounts consistent with the real name registration information. Online game virtual currency transaction service enterprises must keep relevant transaction records and accounting records among users, and the retention period shall not be less than 180 days from the date of transaction< (15) online game virtual currency trading service enterprises should establish accountability system and technical measures for illegal transactions, strictly screen the authenticity of trading information, and prohibit illegal transactions. Knowing that the virtual currency of online games is illegally obtained or reported and verified, the false transaction information should be deleted and the transaction service should be terminated in time< (16) online game virtual currency trading service enterprises shall not provide trading services for minors
(17) online game virtual currency issuing enterprises and transaction service enterprises should actively take measures to protect personal information security. When relevant departments investigate according to law, they must actively cooperate and provide relevant records
(18) if online game operators provide virtual currency transfer services between users, they should take technical measures to keep the transfer records, and the relevant records should be kept for no less than 180 days< (19) all localities should cooperate with the public security organs to strictly punish online games with gambling color in accordance with the requirements of the notice on regulating the operation order of online games and banning gambling with online games (GTZ [2007] No. 3) issued by the Ministry of public security, the Ministry of culture and other departments, We will severely crack down on the illegal and criminal activities of gambling by using the virtual currency of online games
(20) online game operators are not allowed to allocate game props or virtual currency by drawing lots, betting, random selection and other accidental means on the premise that users directly invest cash or virtual currency
(21) online game virtual currency issuing and trading service enterprises should actively cooperate with the management department and take technical measures to crack down on "number theft", "private service" and "plug-in"
(22) the Ministry of culture shall notify the people's Bank of China of online payment services provided on the "private service" and "plug-in" websites of online games recognized by the Ministry of culture< (23) the cultural administrative departments at or above the provincial level shall investigate and deal with the enterprises that engage in the issuance and trading services of online game virtual currency without permission in accordance with the Interim Provisions on the administration of Internet culture
(24) for the online game virtual currency issuing and trading service enterprises that violate the requirements of this circular, the cultural administrative department and the competent commercial department shall notify them to rectify within a time limit. Those who fail to rectify within the time limit shall be investigated and dealt with by relevant departments according to law
(25) establish a coordination mechanism for the management of virtual currency in online games, and intensify the crackdown on illegal activities such as "number theft", "private service", "plug-in", illegal profits, money laundering, etc. All departments should regularly communicate, coordinate and cooperate with each other, timely report the relevant situation, and do a good job in the management of online game virtual currency within their respective responsibilities
(26) the online game virtual currency issued by the online game operation enterprise shall not coincide with the name of the props in the game. The administrative provisions for props in online games shall be formulated separately by the cultural administrative department of the State Council in conjunction with relevant departments
notice is hereby given<
Ministry of culture
Ministry of Commerce
June 4, 2009
③ the business of units engaged in the operation of chess and card online games should include: detailed description of the rules of each chess and card game (including all kinds of rooms, all kinds of competitions, all kinds of operation modes, etc.) and; There shall be no game types in the form of gambling recognized by the public security organs; It is not allowed to exchange points for prizes other than the company's procts; No commission related to game winning or losing shall be charged or disguised; It is necessary to set the number of winning and losing points per game and per day (what is the RMB equivalent of the maximum winning and losing points); It is not allowed to provide game points transaction or cash exchange; In case of competition operation, the competition mode, rules and awards shall be described in detail in the business development report; ④ When applying for the purpose of performing drama (Festival), the performance approval documents and entrustment agreement issued by the cultural department shall be provided; ⑤ According to the notice of the Ministry of culture on standardizing the operation of online games and strengthening the supervision ring and after the event and the notice of the Ministry of culture on printing and distributing the measures for the management of online performance business activities, online performance business units without the ability of content self-examination and real-time supervision shall not open performance channels
online performance business units shall require performers to register their real names with valid ID cards
online performance procts that have not taken regulatory measures or passed the content self audit shall not be provided to the public
the game procts that show or explain online game techniques should obtain the approval number or record number of the cultural administration department< (6) online game operators should limit the single recharge amount of online game users in a single game
(with official seal) (1 original) 7. Commitment and statement: in accordance with the self audit system, the enterprise has concted self audit on the content of cultural procts and services in the proposed website, and meets the requirements of the Interim Provisions on Internet culture management
(7) a of the website domain name registration certificate (with official seal) (1 ) (8) if the non legal representative comes to handle, please download, fill in and submit the power of attorney and the of the agent's ID card
(official seal) (1 original) (9) other documents required to be submitted according to law
(with official seal) (1 ) we are responsible for writing the scheme< br/>
(1) of business license
(2) of articles of association
(3) of capital verification report or audit report
(4) of ID card of legal representative and shareholder and of resume or academic certificate
(5) qualification certificates and identity documents of main business management personnel and professional and technical personnel (such as academic certificate, professional qualification certificate and of ID card) 8 persons, except legal person, computer related major)
(6) certification documents of the right to use the workplace (the of the house lease contract and the house property certificate of the lessor shall be submitted for the leased office, and the of the house property certificate shall be provided for the self owned place)<
(7) business development report (provided in the format of Annex II)
(8) of right agreement (except self-made procts)
Annex II
Business Development Report format
I. Basic Situation and proct introction of the enterprise
II. Itemized report
analyze item by item according to the business to be applied for, It should include the following contents:
(1) instry background analysis
(2) around the work that the business enterprise has carried out and plans to carry out
(3) profit model analysis
(4) the company's development strategy and the main strategies and specific measures for carrying out the network culture work, from three aspects of content, technology and management< (5) the declaration of online game virtual currency issuing enterprises should include the form of online game virtual currency, issuing scope, unit purchase price, refund method when terminating service, user purchase method, user rights protection measures, technical security measures, etc< (6) the declaration of online game virtual currency trading enterprises should include service (platform) mode, user purchase mode, user rights and interests protection measures, user account binding with real name bank account, technical security measures, etc
note: the content of the business development report should be consistent with the business applied in the application form.
1. Basic situation and proct introction of the enterprise
2. Itemized report
the business to be applied for shall be analyzed item by item, which shall include the following contents:
(1) instry background analysis
(2) introction of the work carried out and to be carried out by this business enterprise< (3) analysis of profit model
(4) the company's development strategy and the main strategies and specific measures to carry out network culture work are explained from three aspects of content, technology and management
(5) the declaration of online game virtual currency issuing enterprises should include the form of online game virtual currency expression, scope of issuance, unit purchase price, return method when terminating service, user purchase method, user rights and interests protection measures, technical security measures, etc< (6) the declaration of online game virtual currency trading enterprises should include service (platform) mode, user purchase mode, user rights and interests protection measures, user account binding with real name bank account, technical security measures, etc
note: the content of the business development report should be consistent with the business applied in the application form
[source: Jinshan consulting]
The main types of text are: animation text, music text, art text, exhibition text, performance text
enterprises need to meet the following conditions to apply for text on the Internet:
1, the operator is a company established according to law
2, the company's registered capital is more than 1 million
3, the company belongs to a domestic enterprise
4, the website domain name certificate
5, the graation certificate of eight computer related personnel
6 The materials to be prepared for the company's three employees' social security application are as follows:
1, of business license
2, ID card of legal person and shareholder
3, articles of Association (need the latest, and the Bureau of instry and commerce should affix the file inquiry seal)
4, graation certificate and ID card of eight computer related personnel
5, ID card of company personnel Mobile phone, email address
6, company landline, legal person mobile phone, email address
7, website domain name certificate (purchased in the name of the company)
8, some provinces need 1-3 network security officers
certificate cases
The processing time of network culture business license is 40-60 working days
the business involved in the network culture license can be roughly divided into six parts:
1. Game: the access license for the compliance operation of game procts, including the issuance of game currency as the circulating currency in the game
2. Performance: online live performance through Internet
3. Music and entertainment: network culture business license - music and entertainment procts business
4. Animation: use the Internet to operate animation audio-visual procts
5. Exhibition and competition: the use of the Internet for online cultural procts exhibition and other competition activities
6. Category of performance Drama: providing communication services of performance programs through Internet
it should be noted that not all enterprises can apply for the network culture license, and there are some conditions that must be met when applying:
1. The applicant is an organization or enterprise, and natural person cannot handle it
There should be a definite scale of Internet cultural activities There should be at least 10 Internet business managers and professional technicians4. The registered capital of the enterprise is 1 million yuan, and that of the game is 10 million yuan
"Interim Rules for Internet culture treatment" also stipulates that any unit or indivial engaged in operation without certificate or license shall be recorded in the reputation record by the investigation part and publicized in accordance with relevant laws and regulations