The Ministry of Culture issued a letter on online games： Virtual props cannot be exchanged for legal tender.
People’s Daily Online, Beijing, December 5 th Today, the Ministry of Culture issued the Notice of the Ministry of Culture on Standardizing Online Game Operation and Strengthening Post-event Supervision. The notice clarified the scope of online game operation, standardized the distribution service of virtual props for online games, and clearly stated that it is necessary to strengthen the protection of online game users’ rights and interests, strengthen post-event supervision of online game operation, and seriously investigate and deal with illegal and illegal operations.
The notice requires that online game operators should not provide users with the service of exchanging virtual props for legal tender, and if they provide users with virtual props for small physical objects, the content and value of the physical objects should comply with the provisions of relevant national laws and regulations.
The full text of the notice is as follows:
Notice of the Ministry of Culture on Standardizing Online Game Operation and Strengthening Post-event Supervision
Cultural departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, Cultural Radio and Television Bureau of Xinjiang Production and Construction Corps, and Cultural Market (Comprehensive) Administrative Law Enforcement Corps of Xizang Autonomous Region, Beijing, Tianjin, Shanghai and Chongqing:
In recent years, China’s online game industry has developed rapidly, which has played an active role in promoting the development of online culture market, enriching people’s cultural and entertainment activities, expanding and guiding cultural consumption. However, problems such as unclear operational responsibility, disguised induced consumption, and ineffective protection of users’ rights and interests have become increasingly prominent. In order to further standardize the online game market order, protect the legitimate rights and interests of consumers and enterprises, and promote the healthy and orderly development of the online game industry, relevant matters are hereby notified as follows according to the Measures for the Administration of Internet Information Services, the Interim Provisions on the Administration of Internet Culture, the Interim Measures for the Administration of Online Games and other laws and regulations:
First, clear the scope of operation of online games
(1) Online game operation refers to the behavior that online game operators provide online game products and services to the public by opening online game user registration or providing online game downloads, and obtain benefits by charging online game users or by means of e-commerce, advertising and sponsorship.
(2) The online game technology test conducted by online game operators through opening user registration, opening online game charging system and providing client software that can directly register and log in to the server belongs to online game operation.
(3) Online game operators provide services such as user system, charging system, program download, publicity and promotion for online game products of other operators, and participate in the revenue sharing of online game operations, which is a joint operation and should bear corresponding responsibilities.
Two, standardize the online game virtual props distribution service
(4) Virtual props issued by online game operators, which are directly purchased by users with legal tender, purchased with online game virtual currency or obtained according to a certain exchange ratio, and have the function of directly exchanging other virtual props or value-added services in the game, shall be managed in accordance with the relevant provisions on online game virtual currency.
(5) When an online game operation enterprise changes the online game version, increases the types of virtual props, adjusts the functions and service life of the virtual props, and holds temporary activities, it shall promptly publicize the name, functions, pricing, exchange ratio, expiration date and corresponding information such as gift, transfer or transaction methods of the virtual props involved on the official homepage of the game or in a prominent position in the game.
(6) If an online game operation enterprise provides virtual props and value-added services by random selection, it shall not require users to participate by directly investing in legal tender or online game virtual currency. Online game operators shall promptly publicize the names, performance, content, quantity and extraction or synthesis probability of all virtual props and value-added services that may be extracted or synthesized on the official website or random extraction page of the game. The randomly selected relevant information of publicity shall be true and effective.
(7) The online game operation enterprise shall publish the random selection results of participating users on the official website of the game or in a prominent position in the game, and keep relevant records for the relevant departments to inquire, and the record keeping time shall not be less than 90 days. When publishing the results of random sampling, certain measures should be taken to protect the privacy of users.
(8) When online game operators provide virtual props and value-added services in a random way, they should also provide users with other ways to obtain virtual props and value-added services with the same performance, such as exchanging other virtual props, directly purchasing online games with virtual currency, etc.
(9) An online game operation enterprise shall not provide users with the service of exchanging online game virtual currency for legal tender or physical objects, except when the online game operation enterprise stops providing online game products and services and returns the unused virtual currency to users in legal tender or other ways accepted by users.
(10) Online game operators shall not provide users with the service of exchanging virtual props for legal tender, and if they provide users with virtual props for small physical objects, the content and value of the physical objects shall comply with the provisions of relevant national laws and regulations.
Third, strengthen the protection of online game users’ rights and interests
(eleven) online game operators should require online game users to use valid identity documents for real-name registration, and save the user registration information; It is not allowed to provide in-game recharge or consumption services for online game users who log in using tourist mode.
(12) An online game operation enterprise shall limit the amount of online game users’ single recharge in a single game, and send information that requires users to confirm when users recharge or consume. The confirmation information shall include the amount of legal tender or virtual currency for recharge or consumption, the name of the obtained virtual props or value-added services, and prompts such as moderate entertainment and rational consumption. Online game operators shall keep records of users’ recharge and consumption for not less than 180 days.
(thirteen) online game operators should strictly implement the relevant provisions of the "online game minors’ parental care project". It is advocated that online game business units should, on the basis of implementing the "online game parental care project for minors", set the consumption limit of underage users, limit the game time of underage users, and take technical measures to shield scenes and functions unsuitable for underage users.
(fourteen) online game operators should indicate the contact information of user rights protection in a prominent position in the game. When the legitimate rights and interests of online game users are infringed or there is a dispute with online game users, online game business units may require online game users to show their valid personal identity documents consistent with their registered identity information. If the audit is true, it shall assist online game users in obtaining evidence. The online game business unit has the responsibility to provide evidence to the registered users whose real names have been verified.
(fifteen) online game operators should take effective measures to protect users’ personal information, prevent users’ personal information from being leaked or damaged, and shall not provide users’ information to third-party enterprises or individuals in any way without authorization.
Fourth, strengthen post-event supervision in online game operation.
(sixteen) local cultural administrative departments and cultural market comprehensive law enforcement agencies should make full use of the network cultural market law enforcement cooperation mechanism, and fully implement the "double random and open" supervision of the online game market. It is necessary to continuously improve the level of random inspection of online games. For online game business units with more complaints and reports, it is necessary to increase the frequency of random inspection and daily inspection and focus on supervision. It is necessary to announce the investigation results to the public in a timely manner.
(17) Local cultural administrative departments and cultural market comprehensive law enforcement agencies should strengthen the credit supervision of online game market according to law, blacklist illegal online game business units or warning lists according to the principle of "whoever punishes them", and implement joint punishment with relevant departments to strengthen the credit constraint on illegal online game business units and relevant responsible persons.
(eighteen) cultural administrative departments at all levels and cultural market comprehensive law enforcement agencies should strengthen the guidance, service and training of online game business units within their respective jurisdictions. Provincial cultural administrative departments should organize and guide enterprises to carry out training in policies, regulations and business norms, regularly check the implementation of relevant systems such as self-examination of enterprise content and operational norms, and provide administrative guidance for online game business units in a timely manner.
Five, seriously investigate and deal with illegal operations.
(19) If an online game operation enterprise engages in the activities specified in Items (1), (2) and (3) of this Notice, and operates an online game without obtaining the approval number or the filing number within the time limit, it shall be investigated and dealt with by the cultural administrative department at or above the county level or the comprehensive law enforcement agency of the cultural market in accordance with Articles 30 and 34 of the Interim Measures for the Administration of Online Games; Those who provide online game downloads, or obtain benefits by means of e-commerce, advertising, sponsorship, etc., shall be investigated and punished in accordance with Articles 27 and 28 of the Interim Provisions on the Administration of Internet Culture.
(20) Online game operators who engage in online game virtual currency distribution services as specified in Item (4) of this Notice shall abide by the relevant provisions of Articles 6, 18, 19 and 22 of the Interim Measures for the Administration of Online Games, and those who violate the relevant provisions shall be investigated and punished by the cultural administrative department at or above the county level or the comprehensive law enforcement agency of the cultural market in accordance with the Interim Measures for the Administration of Online Games.
(21) If an online game operation enterprise violates the relevant provisions of Items (5), (6), (7) and (8) of this Notice, it shall be investigated and dealt with by the cultural administrative department at or above the county level or the comprehensive law enforcement agency of the cultural market in accordance with Article 31 of the Interim Measures for the Administration of Online Games.
(twenty-two) online game operators who violate the relevant provisions of Item (9) of this notice shall be investigated and dealt with by the cultural administrative department at or above the county level or the comprehensive law enforcement agency of the cultural market in accordance with Article 32 of the Interim Measures for the Administration of Online Games.
(twenty-three) online game operators who violate the relevant provisions of Item (10) of this notice shall be investigated and dealt with by the cultural administrative department at or above the county level or the comprehensive law enforcement agency of the cultural market in accordance with Article 30 of the Interim Measures for the Administration of Online Games.
(twenty-four) online game operators in violation of the relevant provisions of item (eleven) of this notice, shall be investigated and dealt with by the cultural administrative department at or above the county level or the comprehensive law enforcement agencies of the cultural market in accordance with Article 34 of the Interim Measures for the Administration of Online Games.
(twenty-five) online game operators who violate the relevant provisions of Item (13) of this notice shall be investigated and dealt with by the cultural administrative department at or above the county level or the comprehensive law enforcement agency of the cultural market in accordance with Article 31 of the Interim Measures for the Administration of Online Games.
(26) If an online game business unit violates the relevant provisions of Items (12) and (14) of this Notice, it shall be investigated and dealt with by the cultural administrative department at or above the county level or the comprehensive law enforcement agency of the cultural market in accordance with Article 35 of the Interim Measures for the Administration of Online Games.
This notice shall come into force as of May 1, 2017.
I hereby inform you.