PRC Regulations on Management of Publications
Document Date: 31 Dec 2001
Sourceline: Beijing Xinhua Domestic Service
Language: Chinese
[FBIS Translated Text] Beijing, 31 Dec (Xinhua) -- Regulations on
Management of Publications
Chapter I. General Rules [subhead]
Article 1. These regulations are formulated in accordance with the
constitution, in order to strengthen management of publications, to
develop and promote socialist publishing undertakings with Chinese
characteristics, to guarantee citizens' freedom to exercise the right to
publication according to the law, and to facilitate the building of
socialist spiritual and material civilization.
Article 2. These regulations apply to publication activities within
the PRC territory.
Publication activities referred to in these regulations include the
publishing, printing or reproduction, imports, and distribution of
publications.
Publications referred to in these regulations are newspapers,
periodicals, books, audio and video products, and electronic
publications.
Article 3. Publishing undertakings must adhere to the orientation
of serving the people and serving socialism; persist in taking
Marxism-Leninism, Mao Zedong Thought, and Deng Xiaoping Theory as the
guide; disseminate and gather science, technology, and general knowledge,
which is conducive to the enhancement of national quality, as well as
economic and social advancement; carry forward splendid national culture;
facilitate international cultural exchanges; and enrich and improve the
people's spiritual life.
Article 4. In carrying out publication activities, it is necessary
to give first priority to the integration of social benefit with economic
efficiency.
Article 5. People's governments at all levels should guarantee
citizens' freedom to exercise the right of publishing according to the
law.
When exercising freedom of the right of publishing, citizens must
abide by the constitution and laws; and must not oppose the basic
principles laid in the constitution and must not undermine the interests
of the state, society, and collectives, as well as other citizens' lawful
freedoms and rights.
Article 6. The State Council's publications administrative
department is in charge of supervision and management of publication
activities throughout the country. Other relevant departments under the
State Council are responsible for supervision and management of relevant
publication activities in accordance with the division responsibilities
prescribed by the State Council.
Administrative departments in charge of publications management under
local people's governments at and above the county level (hereafter
shortened as publications administrative departments) are responsible for
supervision and management of publication activities within each
administrative district. Other relevant departments of local people's
governments at and above the county level are responsible for supervision
and management of relevant publication activities within the scope of
their responsibilities.
Article 7. When investigating and dealing with activities of
publishing, printing, copying, importing, or distributing publications
suspected of violating the law based on evidence of alleged violations of
the law already obtained or reports by informants, publications
administrative departments can inspect goods related to illegal
activities; and can seal up or detain goods proven to be related to
illegal activities.
Article 8. Social organizations of the publications industry
exercise self-regulation in accordance with their charters and under the
guidance of publications administrative departments.
Chapter II. Establishment and Management of Publishing units
[subhead]
Article 9. Newspapers, periodicals, books, audio and video
products, and electronic publications are to be published by publishing
units.
Publishing units referred to in these regulations include newspaper
offices, periodical offices, and publishing houses of books, audio and
video products, and electronic products.
Editorial departments of newspapers and periodicals published by
legal persons, which do not have a newspaper or periodical office, are
regarded as publishing units.
Article 10. The State Council's publications administrative
department draws up plans for the total number, structure, and
distribution of publishing units nationwide.
Article 11. Qualifications for establishing a publishing unit are
as follows:
(1) The title and charter of a publishing unit;
(2) A sponsor and its competent authorities certified by the State
Council's publications administrative department;
(3) A definite scope of businesses;
(4) Registered capital of no less than 300,000 yuan and permanent
working venue;
(5) Organizational structure commensurate with the operational scope
and editorial and publishing professional personnel, who meet the
qualifications of state regulations; and
(6) Other qualifications prescribed by the law and administrative
rules and regulations.
In addition to meeting the qualifications listed in the preceding
paragraph, approval of applications for establishing a publishing unit
should also tally with the state plans for the total number, structure,
and distribution of publishing units.
Article 12. Application for establishing publishing units should be
submitted by the sponsor to the local provincial, autonomous regional, or
municipal people's government's publications administrative department;
and after reviewed and concurred by the provincial, autonomous regional,
or municipal people's government's publications administrative
department, be reported to the State Council's publications
administrative department for examination and approval.
Article 13. Application for establishing publishing units should
include the items listed below:
(1) Title and address of publishing units;
(2) Title and address of the sponsor and its competent authorities of
publishing units;
(3) Name, address, and certificates of qualifications of the legal
representative or chief executive officer of publishing units; and
(4) Source and amount of funds of publishing units.
Application for establishing a newspaper or periodical office, or for
newspaper or periodical editorial department, should also include name,
interval between publications, format size, and printing venue of the
publication.
Applications should be accompanied with charters of publishing units
and relevant documents of sponsors for the publishing units and their
competent authorities.
Article 14. The State Council's publications administrative
department should decide whether to approve or not to approve an
application within 90 days after receipt of the application for
establishing a publishing unit; and the sponsor will be notified of the
decision by the provincial, autonomous regional, or municipal people's
government's publications administrative department, and be given reasons
in case of disapproval.
Article 15. The sponsor of publishing units should complete
registration and obtain the publication license from the local
provincial, autonomous regional, or municipal people's government's
publications administrative department within 60 days after receipt of
the notification of the decision. The items of registration are to be
standardized by the State Council's publications administrative
department.
After completing registration, publishing units shall bring the
publication license to the industry and commerce administrative
department to complete the registration there and obtain the business
license according to the law.
Article 16. Newspaper offices, periodical offices, and publishing
houses of books, audio and video products, and electronic products should
have the qualifications of legal persons. After obtaining the status of
legal persons following verification and registration of the
qualifications, newspaper and periodical offices and publishing houses
shall assume civil liabilities independently with the entire assets of
legal persons.
Sponsors of newspaper and periodical editorial departments, which are
regarded as publishing units under the provisions in Section 3 of Article
9 of these regulations, shall assume their civil liabilities because they
do not have the status of legal persons.
Article 17. When publishing units changes the title, sponsor or its
competent authorities, and scope of businesses; merge with or separate
from other publishing units; or publish new newspapers or periodicals; or
when newspapers or periodicals change the title and interval between
publications, it is necessary to apply for approval in accordance with
the provisions prescribed in Articles 12 and 13 of these regulations, and
complete the corresponding registration procedures at the industry and
commerce administrative department, where they have registered.
In making changes of other items than those listed in the preceding
paragraph, publishing units should, after concurred by the sponsor and
its competent authorities, apply for the changes of registration with the
local provincial, autonomous regional, or municipal people's government's
publications administrative department; and after reporting to the State
Council's publications administrative department for the record, complete
registration of changes with the industry and commerce administrative
department, where they have registered.
Article 18. When publishing units terminate publication activities,
it is necessary to apply for cancellation of registration with the local
provincial, autonomous regional, or municipal people's government's
publications administrative department; and after reporting to the State
Council's publications administrative department for the record, complete
the cancellation of registration with the industry and commerce
administrative department, where it has registered.
Article 19. When publishing houses of books, audio and video
products, or electronic products do not have any publication activities
within 180 days after registration; or when newspaper or periodical
offices do not publish a newspaper or periodical within 90 days after
registration, the publications administrative department, where the
publishing houses or newspaper or periodical offices have registered,
shall cancel their registration and report to the State Council's
publications administrative department for the record.
When circumstances prescribed in the preceding paragraph occur
because of irresistible forces or other legitimate reasons, publishing
units can apply for the extension with the publications administrative
department, where they have registered.
Article 20. Annual publications plans of publishing houses of
books, audio and video products, and electronic products, as well as
selections of major projects having a bearing on national security and
social stability, should be examined and verified by the local
provincial, autonomous regional, or municipal people's government's
publications administrative department and report to the State Council's
publications administrative department for the record. Selections of
major projects, which are not reported to higher authorities for the
record before publication, are not allowed to publish. Specific
procedures are to be drawn up by the State Council's publications
administrative department.
Selections of major projects by periodical offices should be handled
in accordance with the procedures prescribed in the preceding paragraph.
Article 21. Publications administrative departments should
strengthen routine supervision and management of publication activities
of publishing units within their own administrative district.
Publishing units should submit written reports to publications
administrative departments on the condition of their publication
activities in accordance with the regulations of the State Council's
publications administrative department.
Article 22. Publishing units are not allowed to sell or transfer in
any other form to any unit or individual their unit titles, book titles,
periodical titles, or layout formats; nor are they allowed to lease
units' titles or periodical titles.
Article 23. Before putting their publications into circulation,
publishing units should, in accordance with the relevant state
regulations, send free samples to the national libraries, the libraries
of Chinese editions, and the State Council's publications administrative
department.
Chapter III. Publishing of Publications [subhead]
Article 24. Pursuant to the provisions in these regulations,
citizens can freely express in publications their understanding of and
aspirations for state affairs, economic and cultural undertakings, and
social affairs; and can freely publish results of their own scientific
research, literary and artistic creations, and other cultural activities.
Lawful publications are protected under the law; and no organization
or individual is allowed to illegally interfere with, obstruct, and
sabotage the publishing of publications.
Article 25. Publishing units shall implement editors'
responsibility system to ensure that contents of publications comply with
the provisions in these regulations.
Article 26. No publication is allowed to have the following
contents:
(1) Which oppose the basic principles laid in the constitution;
(2) Which are detrimental to national unification, sovereignty, and
territorial integrity;
(3) Which leak state secrets, endanger national security, or damage
national honor and interests;
(4) Which incite ethnic hatred and ethnic discrimination, undermine
ethnic unity, or encroach upon ethnic customs and habits;
(5) Which publicize cults and superstitions;
(6) Which disrupt public order and undermine social stability;
(7) Which publicize pornography, gambling, and violence, or instigate
crimes;
(8) Which insult or slander other people and encroach upon others'
legitimate interests;
(9) Which endanger social ethics or outstanding national cultural
traditions; and
(10) Other contents prohibited by the laws, administrative rules and
regulations, and state provisions.
Article 27. Publications targeted at minors are not allowed to
include contents, which induce minors to imitate antisocial and
anti-ethical behavior and criminal behavior; or horrible and cruel
contents which are harmful to the healthy development of minors' mind and
body.
Article 28. When untruthful or unfair contents of publications
cause damage to the legitimate rights and interests of citizens, legal
persons, or other organizations, the publishing units should make
corrections publicly to remove the consequences, and undertake other
civil liabilities in accordance with the law.
When untruthful or unfair contents of materials published by
newspapers and periodicals cause damage to the legitimate rights and
interests of citizens, legal persons, or other organizations, parties
concerned have the right to demand relevant publishing units to make
correction or reply. The relevant publishing units should publish
corrections in the next issue of newspapers or periodicals. When
publishing units refuse to do so, the parties concerned have the right to
file lawsuits with the people's court.
Article 29. In accordance with the relevant state regulations,
publications should state authors, publishers, printers or reproducers,
the title and address of distributors; book, periodical, or edition
titles; publication dates and interval between publications; and other
relevant items.
Specifications, sizes, formats, layouts and bindings, and
proofreading of publications must meet the state standards and
requirements in order to ensure quality of publications.
Article 30. No unit or individual should be allowed to publish
publications forging or using fake titles of publishing units and
newspapers and periodicals.
Article 31. The State Council's education administrative department
shall examine or organize the examination of middle and primary school
textbooks. Their publishing, printing, and circulating units shall be
decided through bidding or other open and fair methods sponsored by the
publications and education administrative departments together with the
departments in charge of prices under people's government at and above
the provincial level. Any other unit or individual is not allowed to
engaged in publishing, printing, and distributing operations of middle
and primary school textbooks. The State Council's publications
administrative department, education administrative department, and
department in charge of prices shall work out specific procedures and
measures for implementation.
Chapter IV. Printing or Reproduction and Distribution of
Publications [subhead]
Article 32. Units to be engaged in printing or reproducing
publications should submit application to the local provincial,
autonomous regional, or municipal people's government's publications
administrative department; and, after reviewed and approved by the
department, should complete related formalities with the public security
agency and the industry and commerce administrative department in
accordance with the relevant state regulations before they can start
printing or reproducing publications.
Without obtaining approval and completing related formalities, no
unit is allowed to print newspapers, periodicals, and books; or to
reproduce audio and video products and electronic products.
Article 33. Publishing units are not allowed to commission units,
which do not have the permit for printing or reproducing publications, to
print or reproduce publications.
When commissioning printing or reproducing units to print or
reproduce publications, publishing units should present relevant
certificates for printing or reproducing publications in accordance with
the state regulations; and should sign contracts with printing or
reproducing units in accordance with the law.
Printing or reproducing units are not allowed to print newspapers,
periodicals, and books or reproduce audio and video products and
electronic products on commission from non-publishing units and
individuals; nor are they allowed to print and distribute, without
authorization, newspapers, periodicals, and books, or to reproduce and
distribute audio and video products and electronic products.
Article 34. With the approval from the local provincial, autonomous
regional, or municipal people's government's publications administrative
department, printing or reproduction units can accept businesses of
printing or reproducing publications from outside the territory.
However, publications from outside printed or reproduced must all be
transported out of the territory, and must not be distributed inside the
territory.
Contents of publications commissioned for printing or reproducing
from outside the territory should be examined by the provincial,
autonomous regional, or municipal people's government's publications
administrative department. Units or individuals who place commissions
should present a letter of copy authorization and complete registration
with the copyright administrative and management department.
Article 35. Printing or reproducing units should keep for future
reference a sample of contracted publications for two years beginning
from the day the printing or reproduction of contracted publications is
completed.
Article 36. Units to be engaged in chain operations of newspapers,
periodicals, and books nationwide should be examined and approved by the
provincial, autonomous regional, or municipal government's publications
administrative department, where their headquarters will be located; be
reported to the State Council's publications administrative department
for reviewing and approval; and be issued with the business license from
the industry and commerce administrative department in accordance with
the law.
Distributing units to be engaged in general distribution of
newspapers, periodicals, and books can begin the business as a general
distributor of newspapers, periodicals, and books only after they are
examined and approved by the State Council's publications administrative
department; and after they are issued with the business license from the
industry and commerce administrative department in accordance with the
law.
Distributing units to be engaged in wholesales of newspapers,
periodicals, and books can begin the wholesale business only after they
are examined and approved by the provincial, autonomous regional, or
municipal people's government's publications administrative department;
and after they are issued with the business license from the industry and
commerce administrative department in accordance with the law.
Distribution of newspapers, periodicals, and books by postal units
shall be handled in accordance with the Postal Law.
Article 37. Units and individuals to be engaged in retail
businesses of newspapers, periodicals, and books can begin the business
only after they obtain approval from the publications administrative
departments of people's governments at the county level and after they
receive the business license from the industry and commerce
administrative department.
Article 38. Publishing units can distribute publications published
by themselves, but cannot distribute publications published by other
publishing units.
Article 39. The state permits Sino-foreign joint ventures,
Sino-foreign cooperative businesses, and solely foreign-owned enterprises
to be engaged in businesses of distributing books, newspapers, and
periodicals. Specific procedures and measures for implementation shall
be drawn up by the State Council's publications administrative department
together with the State Council's department in charge of foreign trade
and economic relations in accordance with the relevant provisions.
Article 40. Printing or reproducing units and distributing units
are not allowed to print or reproduce and distribute publications, which
have one of the following circumstances:
(1) Have contents prohibited in Articles 26 and 27;
(2) Are imported illegally;
(3) Forge or use fake titles of publishing units, or newspaper and
periodical titles;
(4) Do not have the title of publishing units;
(5) Are middle and primary school textbooks, which have not been
examined and approved in accordance with the law; and
(6) Encroach upon other people's copyright.
Chapter V. Imports of Publications [subhead]
Article 41. Imports of publications are to be handled by import
managing units, which are established in accordance with these
regulations; and of these, management of newspaper and periodical imports
are to be designated by the State Council's publications administrative
department.
Without approval, no unit or individual can be engaged in imports of
publications; and without designation, no unit or individual can engaged
in newspaper and periodical imports.
Article 42. The establishment of publications import managing units
should meet the following conditions:
(1) Have the title and charter of publications import managing units;
(2) Are solely state-owned enterprises with the sponsor and its
competent authorities certified by the State Council's publications
administrative department;
(3) Have a definite scope of businesses;
(4) Have an organizational structure commensurate with publications
import businesses, and professional personnel with qualifications meeting
the state regulations;
(5) Have capital suitable for publications import businesses;
(6) Have permanent business venues; and
(7) Other conditions prescribed by the laws, administrative rules and
regulations, and state regulations.
In addition to meeting the conditions listed in the preceding
paragraph, approval of applications for establishing publications import
managing units should also tally with the state plans for the total
number, structure, and distribution of publications import managing
units.
Article 43. Units to be engaged in imports of publications shall
submit application to the State Council's publications administrative
department; and after examination and approval, be issued with a permit
for managing publications imports by the department. With the permit,
units shall visit the industry and commerce administration to obtain the
business license in accordance with the law.
Units to be engaged in publications imports should complete relevant
formalities in accordance with the provisions in foreign trade laws and
administrative rules and regulations.
Article 44. Publications imported by publications import managing
units must not have contents prohibited in Articles 26 and 27 of these
regulations. Publications import managing units are responsible for
examining contents of publications to be imported. The publications
administrative departments of people's governments at and above the
provincial level can directly inspect contents of publications imported
by publications import managing units. When publications import
managing units are unable to ascertain whether their imported
publications have contents prohibited in Articles 26 and 27, they can
request the publications administrative departments of people's
governments at and above the provincial level to examine the contents.
When the publications administrative departments of people's governments
at and above the provincial level conduct examination of imported
publications at the request of publications import managing units, the
department can collect a fee according to the standard approved by the
State Council's department in charge of prices.
The State Council's publications administrative department can
prohibit imports of specific publications.
Article 45. Before importing publications, publications import
managing units should enter the catalog of publications to be imported in
the records of the publications administrative department of people's
governments at and above the provincial level. When the publications
administrative department of people's governments at and above the
provincial level discovers publications listed in the catalog, which are
prohibited from imports or are shelved for imports, the department should
promptly notify publications import managing unit as well as issue a
circular among customs offices. Publications import managing units
cannot import, and customs offices cannot let go publications, which are
prohibited from imports or shelved for imports. The State Council's
publications administrative department shall draw up specific procedures
for entering publications to be imported in the records of the
publications administrative department.
Article 46. Distributors of imported publications must obtain
imported publications from legally established publications import
managing units; and of these, distributors of imported newspapers and
periodicals must obtain imported newspapers and periodicals from
publications import managing units designated by the State Council's
publications administrative department.
Article 47. Publications import managing units must obtain approval
from the State Council's publications administrative department for
holding inside the territory exhibitions of publications from outside the
territory. Without the approval, no unit or individual shall be allowed
to hold exhibitions of publications from outside the territory. Sales
of publications from outside the territory at the exhibitions, which are
held in accordance with the provisions in the preceding article, should
be handled in accordance with procedures prescribed in the relevant state
regulations.
Chapter VI. Guarantee and Reward [subhead]
Article 48. The state formulates relevant policies to guarantee and
promote development and prosperity of publishing undertakings.
Article 49. The state supports and encourages the publishing of
outstanding publications in the following key areas:
(1) Which play an important role in expounding and disseminating the
basic principles laid in the construction;
(2) Which have great significance in educating the people in
patriotism, collectivism, and socialism; and in promoting social mores,
professional ethics, and family virtues;
(3) Which make great contributions to carrying forward outstanding
national culture and reporting in a timely fashion new scientific and
cultural achievements at home and abroad; and
(4) Which have great ideological, scientific, or cultural and
artistic values.
Article 50. The state protects publication and distribution of
textbooks.
The state assists publication and distribution of publications of
ethnic languages and publications in Braille.
The state implements preferential policies toward distributions of
publications in ethnic minority regions, frontier regions, economically
underdeveloped regions, and rural areas.
Article 51. Postal enterprises, which have contracted distribution
of newspapers and periodicals, should ensure the distribution of
publications in time and precisely according to the contracts.
Contracted transporting enterprises should facilitate the
transportation of publications.
Article 52. The state shall reward units and individuals, who make
important contributions to the development and prosperity of publishing
undertakings.
Article 53. Publications administrative departments and other
relevant departments of people's governments at and above the county
levels should take timely action to stop illegal behavior of interfering
with, obstructing, and undermining the publishing, printing or
reproduction, imports, and distribution of publications.
Chapter VII. Legal Responsibilities [subhead]
Article 54. Staff employees of publications administrative
departments or other relevant departments, who take advantage of their
positions to accept cash, gifts, or other benefits from others in
exchange of approving the establishment of publishing, printing or
reproduction, import, and distribution units, which do not meet legal
qualifications; or who fail to fulfill supervisory duties or to
investigate violations of the law, and cause serious consequences; shall
be affixed with criminal responsibility in accordance with the provisions
in the Criminal Law on bribery, power abuse, dereliction of duty, and
other crimes. Where criminal punishment is still not warranted,
administrative penalty of demotion or dismissal shall be taken.
Article 55. Publishing, printing or reproduction, import, and
distributing units, which are established without approval; businesses of
publishing, printing or reproducing, importing, and distributing
publications without approval; and behavior of using fake titles of
publishing units or of forging and using fake titles of newspapers and
periodicals in publishing publications; shall be cracked down by
publications administrative departments and industry and commerce
administrative departments pursuant to their legal functions; and shall
be affixed with criminal responsibility in accordance with the provisions
in the Criminal Law on crimes of illegal business operations. Where
criminal punishment is still not warranted, publications, illegal
incomes, and tools and equipment for engaging in illegal business
operations shall be confiscated. Where the volume of illegal business
operations is over 10,000 yuan, a fine no more than 10 times but no less
than five times of the volume of illegal business operations shall be
imposed. Where the volume of illegal business operations is under
10,000 yuan, a fine of no more than 50,000 yuan but no less than 10,000
yuan shall be imposed. Where the legitimate rights and interests of
others are encroached, civil liabilities should be undertaken.
Article 56. Whoever commits one of the acts listed in the following
paragraph in violation of criminal laws shall be affixed with criminal
responsibility in accordance with the relevant provisions in the Criminal
Law. Where criminal punishment is not warranted, the publications
administrative department shall order suspension of operations for
consolidation within a time limit and shall have publications and illegal
incomes confiscated. Where the volume of illegal business operations is
over 10,000 yuan, a fine of no more than 10 times but no less than five
times of the volume of illegal business operations shall be imposed.
Where the volume of illegal business operations is under 10,000 yuan, a
fine of no more than 50,000 yuan but no less than 10,000 yuan shall be
imposed. Where circumstances are serious, the permit shall be revoked
by the agency, which issued the certificate previously.
(1) Publishing and importing publications with contents prohibited in
Articles 26 and 27;
(2) Knowingly printing or reproducing and distributing publications
with contents prohibited in Articles 26 and 27;
(3) Knowingly selling, or transferring in another form, titles, book
titles, periodical titles, typeface, and format layout of one's own
publishing unit, or leasing titles and periodical titles of one's own
unit, to publications published by others with contents prohibited in
Articles 26 and 27.
Article 57. Whoever commits one of the acts listed in the following
paragraph, shall be ordered by the publications administrative department
to stop the illegal activities, and have the publications and illegal
incomes confiscated. Where the volume of illegal business operations is
over 10,000 yuan, a fine of no more than 10 times but no less than five
times of the volume of illegal business operations shall be imposed.
Where the volume of illegal business operations is under 10,000 yuan, a
fine of no more than 50,000 yuan but no less than 10,000 yuan shall be
imposed. Where circumstances are serious, an order to suspend
operations for consolidation within a time limit shall be issued, or the
permit shall be revoked by the agency, which issued the certificate
previously.
(1) Importing, printing or reproducing, and distributing publications
prohibited to import by the State Council's publications administrative
department;
(2) Printing or reproducing publications smuggled from outside the
territory; and
(3) Distributing imported publications from unauthorized publications
import managing units.
Article 58. Smuggling of publications shall be affixed with
criminal responsibilities in accordance with the provisions in the
Criminal Law on smuggling. Where criminal punishment is not warranted,
the customs office shall mete out administrative penalty in accordance
with the provisions in the Customs Law.
Article 59. Whoever commits one of the acts listed in the following
paragraph shall have the publications and illegal incomes confiscated by
the publications administrative department. Where the volume of illegal
business operations is over 10,000 yuan, a fine of no more than 10 times
but no less than five times of the volume of illegal business operations
shall be imposed. Where the volume of illegal business operations is
under 10,000 yuan, a fine of no more than 50,000 yuan but no less than
10,000 yuan shall be imposed. Where circumstances are serious, an order
to suspend operations for consolidation within a time limit shall be
issued, or the permit shall be revoked by the agency, which issued the
certificate previously.
(1) Where a printing or reproduction unit prints or reproduces
publications without the printing or reproducing permit;
(2) Where a printing or reproduction unit accepts commissions from
non-publishing units and individuals to print or reproduce publications;
(3) Where a printing or reproduction unit fails to complete legal
formalities before printing or reproducing publications from outside the
territory, or to transport all printed or reproduced publications out of
the territory;
(4) Where a printing or reproduction unit, distributing unit, and an
individual distributes publications, which do not have the title of
publishing units; and
(5) Where a publishing, printing, or distributing unit publishes,
prints, or distributes middle and primary school textbooks, which are not
examined and approved legally; where the businesses of publishing,
printing, and distributing middle and primary school textbooks are
handled by units, which are not designated to handle the textbooks in
accordance with the provisions in these regulations.
Article 60. Publishing units, which sell or transfer in any other
form their titles, book titles, periodical titles, typeface, and format
layout, or which lease their titles and periodical titles, shall be
ordered by the publications administrative department to suspend the
illegal activities, be given a warning, and have the illegal publications
and incomes confiscated. Where the volume of illegal business
operations is over 10,000 yuan, a fine of no more than 10 times but no
less than five times of the volume of illegal business operations shall
be imposed. Where the volume of illegal business operations is under
10,000 yuan, a fine of no more than 50,000 yuan but no less than 10,000
yuan shall be imposed. Where circumstances are serious, an order to
suspend operations for consolidation within a time limit shall be issued,
or the permit shall be revoked by the agency, which issued the
certificate previously.
Article 61. Whoever commits one of the acts listed in the following
paragraph shall be ordered by the publications administrative department
to make correction and be given a warning. Where circumstances are
serious, an order to suspend operations for consolidation within a time
limit shall be issued, or the permit shall be revoked by the agency,
which issued the certificate previously.
(1) Where a publishing unit fails to comply with the provisions in
these regulation in visiting the publications administrative department
to apply for approval and to complete the registration with regard to
changes of their title, sponsor or its competent authorities, scope of
businesses; merger with or separation from other publishing units; new
newspapers and periodicals published; changes of newspaper and periodical
titles and interval between publications, or other items related to the
publishing units;
(2) Where a publishing unit fails to submit for the record its annual
publication plans and major projects involving national security and
social stability;
(3) Where a publishing unit fails to submit samples of publications
in accordance with the provisions in these regulations;
(4) Where a printing or reproduction unit fails to keep materials for
future reference in accordance with provisions in these regulations; and
(5) Where a publication import managing unit fails to submit for the
record a catalog of imported publications in accordance with the
provisions in these regulations.
Article 62. Whoever holds exhibitions of publications from outside
the territory without approval shall be ordered by the publications
administrative department to stop the illegal activities, and have
publications and illegal incomes confiscated. Where circumstances are
serious, an order to suspend operations for consolidation within a time
limit shall be issued, or the permit shall be revoked by the agency,
which issued the certificate previously.
Article 63. Whoever prints or reproduces, wholesales, retails, or
leases publications with contents prohibited in Articles 26 and 27 or
other illegal publications, but explains and identifies the source of
publications, proven to be true after verification, shall have the
publications and illegal incomes confiscated, but shall receive reduced
or be exempted from punishment.
Article 64. Units, which are given the administrative penalty of
having the permit revoked, should visit the industry and commerce
administrative department to complete the procedures of alteration or
termination of registration in accordance with the relevant state
regulations. Whoever fails to do so shall have the business license
revoked by the industry and commerce administrative department.
Article 65. The legal representative or chief executive officer of
units, whose permit is revoked under administrative penalty, are not
allowed to become legal representative or chief executive officer of any
publishing, printing or reproduction, import, or distributing unit within
10 years after the day the permit is revoked.
Article 66. In imposing a fine as administrative penalty in
accordance with the provisions in these regulations, it is necessary to
separate the decision on the fine from the collection of the fine in
accordance with the relevant laws and administrative rules and
regulations. All fines collected must be turned over to the state
treasury.
Chapter VIII. Supplementary Rules [subhead]
Article 67. Administrative rules and regulations, which have
separate provisions for the publishing, reproduction, import, and
distribution of audio and video products, are applicable.
The administrative procedures for accepting publications sent as
gifts by institutions or individuals from outside the territory, the
procedures for subscribing to publications from outside the territory,
and the administrative procedures, the administrative procedures for
Internet publications, and the administrative procedures for publishing
electronic publications shall be drawn up separately by the State
Council's publications administrative department based on the principles
in these regulations.
Article 68. These regulations shall be implemented from 1 February
2002. The "Regulations on Management of Publications" promulgated by
the State Council on 2 January 1997 shall be abolished simultaneously.
[Description of Source: Beijing Xinhua Domestic Service in Chinese --
China's official news service (New China News Agency)]
