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| Category | CULTURE | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1997-01-02 | Effective Date | 1997-02-01 |
|
Regulations on Publication Administration |
|---|
Article 1 These Regulations are formulated in accordance with the
Constitution with a view to strengthening the administration of activities
of publication, developing the socialist publication industry with Chinese
characteristics and making it prosperous, safeguarding the rights of citizens
to exercise freedom of the press in accordance with law and promoting the
building of socialist spiritual civilization and material civilization.
Article 2 These Regulations shall be applicable to activities of
publication within the territory of the People's Republic of China.
The activities of publication referred to in these Regulations include
the publication and printing of publications or the duplication and
distribution thereof.
The publications referred to in these Regulations mean newspapers,
periodicals, books, audio-visual products and electronic publications, etc.
Article 3 The publication industry must persevere in the orientation of
serving the people and socialism, persevere in taking Marxism-Leninism,
Mao Zedong Thought and the theory of building socialism with Chinese
characteristics as guidance, disseminate and accumulate any science,
technology, culture and knowledge instrumental to the improvement of the
quality of the nation, economic development and all-round progress of the
society, develop and make the best possible use of fine national culture,
promote international cultural exchanges and enrich and improve people's
spiritual life.
Article 4 Whoever engaging in activities of publication should put
social benefit first and realize optimal integration of social benefit and
economic benefit.
Article 5 People's governments at all levels shall protect the rights of
citizens to exercise freedom of the press in accordance with law.
While exercising rights of freedom of the press, citizens must abide by
the Constitution and law, must not oppose the basic principles prescribed by
the Constitution and must not harm national, societal and collective
interests or the lawful freedom and rights of other citizens.
Article 6 The department of publication administration under the State
Council shall practise supervision over and administration of activities of
publication throughout the country. Other departments of administration
concerned under the State Council shall, in accordance with the division of
responsibilities determined by the State Council, supervise and administer
related activities of publication.
The division of responsibilities and powers of the departments of
administration concerned of the local people's governments at the county
level and above in the supervision over and administration of the activities
of publication in their respective administrative areas shall be determined
by the people's governments of provinces, autonomous regions and
municipalities directly under the Central Governement.
Article 7 National societies of the publication industry shall practise Article 8 Newspapers, periodicals, books, audio-visual products and The publication units referred to in these Regulations include newspaper For legal persons publishing newspapers or periodicals without Article 9 The department of publication administration under the State Article 10 Establishment of a publication unit should have the following (1) having a name and constitution for the publication unit; (2) having a host unit and its necessary higher competent organ in (3) having defined business scope; (4) having a registered capital of over RMB 300,000 Yuan; (5) having a fixed workplace; (6) having an organization which meets the requirements of its business In addition to the qualifications listed in the afore-said paragraph, Article 11 For the establishment of a publication unit, the host unit Article 12 The letter of application for the establishment of a (1) Name and address of the publication unit; (2) Names and addresses of the host unit of the publication unit and its (3) Name and address of the main person-in-charge or the legal (4) The source and amount of fund of the publication unit. Whoever establishing a newspaper office or periodical office, and The letter of application should be appended with the constitution of the Article 13 The department of publication administration under the State Article 14 The host unit for the establishment of a publication unit Upon registration, the publication unit shall, on the strength of the Article 15 A newspaper office, periodical office, book publishing house, In accordance with the provisions of Paragraph 3 of Article 8 of these Article 16 New procedures for examination and approval shall be gone For other changes in addition to those listed in the preceding paragraph, Article 17 Upon termination of activities of publication by a Article 18 Failure of a book publishing house, audio-visual publishing For occurence of circumstances listed in the preceding paragraph due to Article 19 The annual publication plans and major subject(topic) Article 20 The competent departments of administration of local people's Article 21 The publication units are not permitted to sell or transfer Article 22 Before the circulation of its publication, a publication unit Article 23 Any citizen may, in compliance with the provisions of these Article 24 The publication units shall practise the editor Legitimate publications are protected by law. Any organization or Article 25 No publication shall contain the following contents: (1) anything that goes against the basic principles determined by the (2) anything that endangers the unification, sovereignty and territorial (3) anything that endangers state security, reputation and interests; (4) anything that instigates national separatism, infringes on the (5) anything that discloses state secrets; (6) anything that publicizes pornography and superstition or plays up (7) anything that insults or slanders others; and (8) any other contents prohibited by the provisions of laws and Article 26 Publications with juveniles as targets must not contain Article 27 For untruth and injustice in the contents of a publication For untruth and injustice in the contents of the works published in a Article 28 Publications must, in accordance with relevant provisions of The specification, size, format, binding and decoration and proof-reading Article 29 No unit or individual shall publish a publication by forging Article 30 Textbooks for middle schools and primary schools shall be Article 31 Units engaging in the business of publication printing or No printing of newspapers, periodicals and books and no duplication of Article 32 Publication units entrusting printing or duplicating units in Article 33 Printing or duplicating units may, upon approval of the The contents of publications to be printed or duplicated for external Article 34 The printing or duplicating unit shall, within one year Article 35 Distribution units engaging in general distribution business Distribution units engaging in wholesale business of newspapers, Distribution of newspapers and periodicals by postal enterprises shall be Article 36 Units and individuals engaging in retail business of Article 37 A publication unit may distribute its own publications, but Article 38 Printing or duplicating units and distribution units shall (1) those containing the contents banned under Articles 25 and 26 of (2) those which have been illegally imported; (3) those with forged or imitated names of publication units or with (4) those bearing no names of publication units; (5) middle school and primary school textbooks without examination and (6) those which infringe on others' copyrights. Article 39 The State formulates relevant policies to safeguard and Article 40 The State supports and encourages the publication of the (1) those having a major role in dwelling on and disseminating the (2) those which are of significance in conducting education on (3) those making great contibutions in developing and making the best (4) those having important ideological values, scientific values or Article 41 The State safeguards the publication and distribution of The State supports the publication and distribution of publications in The State implements preferential policies in the distribution of Article 42 For newspapers and periodicals handed over to postal Transport enterprises undertaking the shipment of publications should Article 43 The State gives rewards to units and individuals having made Article 44 All people's governments at the county level and above and Article 45 Establishment of publication units without approval and Article 46 Those engaging in business operations of publishing, printing (1)publication of publications containing the contents banned under (2)sale and lease or transfer in other forms of the name of the (3)forgery and imitation of names of newspapers and periodicals in the (4)printing or duplicating and distributing publications while being (5)printing or duplicating and distributing external publications while Article 47 Those who pirate print and pirate duplicate publications, the Article 48 For sale, lease or transfer in other forms of its name, book Article 49 Forgery and imitation of names of publication units or those Article 50 Printing or duplicating publications by printing or Article 51 Those who, in violation of the provisions of these Article 52 Administrative penalties for illegal acts prescribed in these Article 53 The functionaries of the relevant departments of publication Article 54 Provisions of administrative regulations concerning the Specific control measures for electronic publications shall be worked Article 55 Specific control measures for the export of domestic Article 56 The publication units already established in accordance with Article 57 These Regulations shall come into force as of February 1, 1997.
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self-disciplined management in accordance with their respective constitutions
under the guidance of the department of publication administration under the
State Council.
Chapter II Establishment and Management of Publication Units
electronic publications etc. shall be published by publication units.
offices, periodical offices, book publishing houses, audio-visual publishing
houses and electronic publications publishing houses etc.
establishing newspaper offices or periodical offices, the newspaper editorial
departments or periodical editorial departments set up by them shall be
construed as the publication units.
Council shall formulate plans for the total amount, structure and
distribution of publication units throughout the country, guide and
coordinate the development of the publication indusry.
qualifications:
compliance with the acknowledgement of the department of publication
administration under the State Council;
scope and professional personnel in editing and publication in compliance
with the prescribed qualifications of the State.
examination of and approval for the establishment of a publication unit
should likewise comply with the plans for the total amount, structure and
distribution of publication units.
shall apply to the department of publication administration of the people's
government of the province, or autonomous region or municipality directly
under the Central Government of the locality wherein it is located with a
letter of application which shall be submitted to the department of
publication administration under the State Council for examination and
approval upon the examination, verification and agreement of the department
of publication administration of the people's government of the province, or
autonomous region or municipality directly under the Central Government.
publication unit shall contain the following particulars:
necessary higher competent organ;
representative of the publication unit and certificates of qualifications;
newspaper editorial department or periodical editorial department, his or her
letter of application shall likewise carry the name, duration of publication,
format of page or of magazine and location of printing of the newspaper or
periodical.
publication unit and relevant certification materials of the host unit for
the establishment of the publication unit and its necessary higher competent
organ.
Council shall, within 180 days starting from the date of the receipt of the
letter of application for the establishment of a publication unit, make a
decision on the approval or non-approval of the same and the department of
publication administration of the people's government of the province, or
autonomous region or municipality directly under the Central Government shall
inform the host unit in writing; reasons shall be given for non-approval.
shall, within 60 days starting from the date of the receipt of the
notification of the decision on the approval of the department of publication
administration under the State Council, enter into registration at the
department of publication administration of the people's government of the
province, or autonomous region or municipality directly under the Central
Government in which it is located and obtain a publication permit. Particulars
relating to registration shall be worked out by the department of publication
administration under the State Council.
publication permit, obtain a business licence from the department of industry
and commerce administration in accordance with law.
audio-visual publishing house or electronic publication publishing house
should have the qualification of a legal person, obtain the status of a legal
person upon approval and registration and undertake independent civil
responsibility with its total corporate property.
Regulations, newspaper editorial departments or periodical editorial
departments construed as publication units do not have the qualification of a
legal person and their civil responsibility shall be borne by the host units.
through in accordance with the provisions of Articles 11 and 12 of these
Regulations for changes in name, the host unit or its necessary higher
competent organ and business scope, amalgamation or separation, publication
of new newspapers or periodicals or changes in the name of the newspaper or
periodical and duration.
the publication unit shall, upon the examination and approval of the host
unit and its necessary higher competent organ, apply to the department of
publication administration of the people's government of the province, or
autonomous region or municipality directly under the Central Government in
which it is located for registration of changes which shall be submitted by
the latter to the department of publication administration under the State
Council for the record.
publication unit, its registration shall be revoked by the department of
publication administration of the people's government of the province, or
autonomous region or municipality directly under the Central Government in
which it is located and the same shall be submitted to the department of
publication administration under the State Council for the record.
house or electronic publication publishing house to engage in activities of
publication on expiration of 180 days starting from the date of registration
and failure of a newspaper office or periodical office to produce the
newspaper or periodical on expiration of 90 days starting from the date of
registration, the registration organ shall revoke the said registration and
report the same to the department of publication administration under the
State Council for the record.
force majeure and other justifiable reasons, the publication unit may apply
to the registration organ for extension.
selections involving national security and societal stability of book
publishing houses, audio-visual publishing houses and electronic publication
publishing houses shall be reported by the departments of publication
administration of the people's governments of provinces, autonomous regions
and municipalities directly under the Central Government in which they are
located to the department of publication administration under the State
Council for the record. Specific measures shall be worked out by the
department of publication administration under the State Council.
governments at the county level and above prescribed by the department of
publication administration under the State Council and the people's
governments of provinces, autonomous regions and municipalities directly
under the Central Government shall strengthen routine supervision and
administration over the activities of publication by the publication units.
The publication units should submit reports in writing on their activities of
publication to the departments of publication administration in compliance
wit the provisions of the department of publication administration under the
State Council.
in other forms to any unit or individual the names of their respective units,
book serial numbers, publication numbers or copyright numbers, nor are they
permitted to lease the names and publication numbers of their respective
units.
should, in compliance with the relevant provisions of the State, send sample
copies free of charge to Beijing Library, China Copy Library and the
department of publication administration under the State Council.
Chapter III Publication of Publications
Regulations, express freely his or her views and wishes on affairs of the
State, economic and cultural causes and social affairs in a publication, and
freely publish his or her results in scientific research, literary and
artistic creations and other cultural activities.
responsibility system and ensure that the contents carried in the
publications are in compliance with the provisions of these Regulations.
individual must not illegally interfere, obstruct or disrupt the publication
of publications.
Constitution;
integrity of the country;
customs and habits of minority nationalities and disrupt solidarity of
nationalities;
violence, endangers social ethics and the fine traditions of national culture;
regulations.
contents which induce juveniles to imitate acts against social ethics and
illegal criminal acts and must not contain contents of terror and cruelty
which impair the physical and mental health of juveniles.
resulting in the infringement on the lawful rights and interests of a citizen,
a legal person or another organizaation, its publication unit should openly
make corrections, remove the adverse effects and bear civil responsibility in
accordance with law.
newspaper or periodical resulting in the infringement on the lawful rights
and interests of a citizen, a legal person or another organization, the
concerned party has the right to demand a correction or an answer to the
questioning, and the publication unit concerned should publish it in its
coming issue of the newspaper or periodical;in case of refusal to publish the
same, the concerned party may bring a suit to a people's court.
the State, carry the names and addresses of the authors, publishers, printers
or duplicators and distributers, book numbers, publication numbers or
copyright numbers, date of publication, duration and other relevant
particulars.
of a publication must comply with the requirements of the State standards and
specifications to ensure the quality of the publication.
or imitating the name of a publication unit or the name of a newspaper or
periodical.
examined and finalized by or examined and finalized in an organized way by
the department of education administration under the State Council and the
publication, printing and distribution thereof shall be undertaken by the
publishing, printing and distribution units designated by the department of
publication administration under the State Council or the departments of
publication administration of the people's governments of provinces,
autonomous regions and municipalities directly under the Central Government.
Chapter IV Printing or Duplication and Distribution of Publications
duplication should, in accordance with relevant provisions of the State,
apply to the departments of publication administration of the people's
governments of provinces, autonomous regions and municipalities directly
under the Central Government in which they are located, and upon being
granted permission after examination and verification, enter into
registration at the public security organ and the department of industry and
commerce administration in accordance with law before they can engage in the
printing or duplication of publications.
audio-visual products and electronic publications shall be undertaken without
being granted permission and entering into registration in compliance with
law.
printing or duplicating publications must produce relevant certification in
compliance with the provisions of the State for the printing or duplication
of publications. No printing or duplicating units shall accept the trust of
non-publication units or individuals for the printing of newspapers,
periodicals and books or the duplication of audio-visual products and
electronic publications. No printing or duplicating units shall engage in the
printing and circulation of newpapers, periodicals and books, or the
duplication and distribution of audio-visual products and electronic
publications without authorization.
departments of publication administration of the people's governments of
provinces, autonomous regions and municipalities directly under the Central
Government, accept printing and duplicating businesses for external
publications;however, all products should be shipped out of the country and
no domestic circulation shall be permitted.
trust shall go through the examination and verification of the departments of
publication administration of the people's governments of provinces,
autonomous regions and municipalities directly under the Central Government.
Trustors should possess authorization of the copyright owner and register at
the department of copyright administration for the record.
starting from the date of completion of the printing or duplication of the
publication, keep one sample copy of the printed or duplicated publication
for reference.
of newspapers, periodicals and books shall, with the permission granted upon
examination and verification by the department of publication administration
under the State Council, obtain business licenses in accordance with law from
the department of industry and commerce administration before they can
operate the general distribution business of newspapers, periodicals and
books.
periodicals and books shall, with the permission granted upon examination and
verification by the departments of administration concerned prescribed by the
people's governments of provinces, autonomous regions and municipalities
directly under the Central Government, obtain business licenses in
accordance with law from the department of industry and commerce
administration before they can operate the wholesale business of newspapers,
periodicals and books.
processed in accordance with the provisions of the Postal Law.
newspapers, periodicals and books shall, with the approval of the departments
of administration concerned of the people's governments at the county level
prescribed by the people's governments of provinces, autonomous regions and
municipalities directly under the Central Government, obtain business
licenses in accordance with law from the department of industry and commerce
administration before they can run the retail business of publications.
shall not distribute the publications published by other publication units.
not print or duplicate and distribute publications having any of the
following circumstances:
these Regulations;
forged or imitated names of newspapers and periodicals;
finalization in accordance with law; and
Chapter V Safeguards and Rewards
promote the development and prosperity of the publication industry.
following major excellent publications:
fundamental principles determined by the Constitution;
patriotism, collectivism and socialism and in developing and making the best
possible use of social ethics, professional ethics and family ethics;
possible use of fine national culture and in timely reflecting latest
achievements in science, technology and culture at home and abroad; and
cultural and artistic values.
textbooks.
the languages of minority nationalities and publications in braille.
publications in minority nationality regions, frontier regions, economically
under-developed regions and rural areas.
enterprises for distribution, the postal enterprises should ensure their
timely, precise and correct distribution.
facilitate the transport of publications.
important contributions in promoting the development and prosperity of the
publication industry.
their relevant departments should take timely measures to stop the illegal
acts of interference, obstruction and disruption in the publication, printing
or duplication of publications.
Chapter VI Legal Responsibility
authorization or running the business of publication, printing or duplication
and distribution of publications without authorization shall be banned, their
publications, major special tools and equipment for the illegal activities
and illegal income shall be confiscated, and a fine of more than two times
and less than ten times of the illegal income shall be imposed;where an
offence constitutes a crime, criminal responsibility shall be investigated
according to law.
or duplicating and distribution commit any of the following acts, the
publications and illegal income shall be confiscated and a fine of more than
three times and less than ten times of the illegal income shall be imposed;
where the circumstances are serious, a directive for suspension of business
operations and consolidation shall be issued or license revoked;where an
offence constitutes a crime, criminal responsibility shall be investigated
according to law:
Articles 25 and 26 of these Regulations;
publication unit, book number(s), publication number(s) and copy numbers to
another person while being clearly aware of the fact that he or she is
involved in publishing publications containing contents banned under
Articles 25 and 26 of these Regulations;
publication of publications containing contents banned under Articles 25
and 26 of these Regulations;
clearly aware of the fact that they contain contents banned under Articles 25
and 26 of these Regulations; and
being clearly aware of the fact that they contain contents banned under
Articles 25 and 26 of these Regulations.
publications and illegal income shall be confiscated and a fine of more than
three times and less than ten times of the illegal income shall be imposed;
where the circumstances are serious, a directive for suspension of business
operations and consolidation shall be issued or license revoked; where an
offence constitutes a crime, criminal responsibility shall be investigated
according to law.
number(s), publication number and copy number by a publication unit, the
illegal income obtained therefrom shall be confiscated, and a fine of more
than two times and less than five times of the illegal income shall be
imposed; where the circumstances are serious, a directive for suspension of
business operations and consolidation shall be issued or license revoked.
of newspapers and periodicals in the publication of publications shall be
banned, and the publications and illegal income therefrom confiscated, and
a fine of more than three times and less than five times of the illegal
income shall be imposed; those who infringe on the lawful rights and
interests of other publication units shall bear civil responsibility.
duplicating units without going through lawful formalities for printing or
duplication, distribution by distribution units and individuals of
publications without bearing the names of publication units or of middle
school and primary school textbooks without examination and finalization
according to law, the publications and the illegal income obtained therefrom
shall be confiscated, and a fine of less than five times of the illegal
income shall be imposed; where the circumstances are serious, a directive for
suspension of business operations and consolidation shall be issued or
license revoked.
Regulations, print or duplicate and distribute external publications, the
publications and the illegal income obtained therefrom shall be confiscated,
and a fine of more than two times and less than five times of the illegal
income shall be imposed; where the circumstances are serious, a directive for
suspension of business operations and consolidation shall be issued or
license revoked.
Regulations shall follow the provisions of other relevant laws,
administrative regulations in respect of organs handling penalties and types
and range of penalties; those not prescribed by other relevant laws and
administrative regulations shall be decided upon by the department of
publication administration under the State Council or the relevant
administrative departments of the people's governments at the county level
and above determined by the people's governments of provinces, autonomous
regions and municipalities directly under the Central Government. Penalty of
revocation of licenses shall be decided upon by the original license issuing
departments.
administration whose abuse of power, negligence of duties and practice of
graft or embezzlement constitute a crime, shall be investigated for criminal
responsibilites according to law; those whose acts do not constitute a crime
shall be given administrative penalties according to law.
Chapter VII Supplementary Provisions
publication, duplication and distribution of audio-visual products shall be
applicable.
out by the department of publication administration under the State Council
in accordance with the principles of these Regulations.
publications and the import, printing or duplication and distribution of
external publications shall be worked out by the department of publication
administration under the State Council in conjunction with the departments
concerned under the State Council, and shall come into force upon the
approval of the State Council.
the relevant provisions of the State before the coming into force of these
Regulations shall go through new formalities of examination and approval
within the prescribed time period in compliance with the provisions of these
Regulations.
URL: http://www.asianlii.org/cn/legis/cen/laws/ropa420