Laws of the Guangdong Province

Some Rules of the Shenzhen Special Economic Zone on the Implementation of Regulations on the Administration of the Printing Trade

(Adopted at the Thirty-Third Meeting of the Standing committee of the Second Shenzhen Municipal People' s Congress on August 24, 1999, revised at the Thirty-Second Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on June 25, 2004)

       Article 1 In order to strengthen the administration of the printing trade, promote the development of the printing trade, and safeguard the legitimate rights of the printers, these rules are hereby formulated in accordance with Regulations on the Administration of the Printing Trade of the State Council and the other related laws, regulations, and in the light of the practical conditions of the Shenzhen Special Economic Zone.

       Article 2 When establishing a printing enterprise and undertaking the business to print publications, to make the printed products for wrapping and decoration, and to provided other printed matters, anyone shall abide by the related laws, regulations of the state, and these rules.

       Article 3 Any printing enterprise or individual shall not print the matters running counter to the constitution, laws; shall not print the matters of pornography, superstition, or other subjects which the state prohibits by official order; shall not print the matters infringing upon the intellectual rights; shall not illegally print certificates, documents, securities, trademarks, etc.

       Article 4 The administrative department of publication of the Shenzhen Municipality (hereinafter referred to as the municipal department of publication) shall be the department of the Shenzhen Municipality in charge of printing, which is responsible for the supervision and administration of the printing trade according to law.

       The municipal department of publication shall be responsible for the supervision and administration of the enterprises which print publications, and shall, according to law, investigate and punish the major, trans-regional, illegal acts of the enterprises which produce the printed matters for wrapping and decoration and other printed maters; the district departments of publication shall be responsible for the supervision and administration of the enterprises within their jurisdictions which produce the printed matters for wrapping and decoration, and other printed matters.

       The department of public security, the department of industrial and commercial administration, and other related departments shall be responsible for the supervision and administration of the printing trade within the scope of their respective duties.

       Article 5 The Shenzhen Municipal Trade Association of Printing shall, under the direction of the municipal department of publication, carry out self-disciplining according to its constitution.

       Article 6 In order to apply for the establishment of a printing enterprise, the following requirements shall be met:

(1)   to have the name, constitution of the enterprise;

(2)   to have a certain scope of business;

(3)   to have necessary funds, regular place of production, and necessary equipments for production;

(4)   the other requirements prescribed in the related laws, regulations.

Article 7 In case of the establishment of a printing enterprise to print publications,

the application materials shall be submitted to the municipal department of publication. The municipal department of publication shall submit the application materials to the administrative department of publication of the Guangdong Province within 10 business days from the date of receiving the application materials.

       Article 8 In case of the establishment of a printing enterprise to produce the printed matters for wrapping and decoration and other printed matters, an application shall be filed to the municipal department of publication. The municipal department of publication shall make a decision on whether to approve it or not within 15 business days from the date of receiving the application. Permit of Printing Operation shall be issued if the application is approved.

       Article 9 In case of the establishment of the printing enterprises of Chinese-foreign joint venture, Chinese-foreign cooperation, or foreign ownership only, the municipal department of publication shall submit the application materials to the administrative department of publication of the Guangdong Province within 5 business days from the date of receiving the application materials.

       Article 10 In case of application for undertaking the business in duplication, photocopy, typewriting, and business-card making, an application shall be filed to the local district department of publication. The district department of publication shall make a decision within 10 business days from the date of receiving the application. If the requirements are met, The Shenzhen Municipal Permit of Operation in Duplication, Photocopy, Typewriting which is unitarily made by the municipal department of publication shall be issued, and reported to the municipal department of publication for record.

       Article 11 Anyone who has obtained Permit of Printing Operation or The Shenzhen Municipal Permit of Operation in Duplication, Photocopy, Typewriting shall apply for registration to the department of industrial and commercial administration, receive a business license, and then may start the operation within the permitted scope.

       Article 12 If a publication-printing enterprise prints the publications of another province, it shall be reported to the municipal department of publication for record.

       Article 13 In case of application for printing the matters published abroad, the authentic legitimate document to certify the copyright of the related publication shall be brought to the municipal department of publication to file an application, the municipal department of publication shall make a decision within 5 business days from the date of receiving the application materials.

       In case of application for producing the printed matters for wrapping and decoration to be used abroad, it shall be reported in advance to the municipal department of publication for record.

       Article 14 In case of rejection of the applications referred to in Article 8, Article 10, and the first section of Article 13, the municipal, district departments of publication shall make an explanation, and notify the applicants that they have the right to apply for an administrative review or to bring in an administrative lawsuit.

       Article 15 The printing enterprises shall guarantee the quality of the printed matters according to contracts. The municipal department of publication shall strengthen the supervision and control of the quality of printing, encourage the introduction and spread of new technology.

       Article 16 The printing enterprises or individuals having undertaken the printing of publications shall submit a sample copy of each publication to the municipal department of publication for record every quarter.

       Article 17 The printing enterprises shall establish the management systems for registration of certificates, inspection and verification of printing to be undertaken, storage of finished products, delivery of finished products, destruction of incomplete and defective products of printing, employee training, etc.

       The printing enterprises having undertaken the printing of publications shall keep the certificates of entrustment with printing, the sample copies of publications, and the copies of contracts ready for inspection for 18 months.

       Article 18 Any units and individuals shall have the right to report the acts of illegal printing referred to in Article 3 of these rules to the department of public security, the department of publication.

       The department of public security, the department of publication shall promptly handle the report, and keep the reporters secret. Once the report is verified, the persons who made the report and rendered meritorious service shall be granted an award, the money award shall be 5% to 10% of the fine, and the maximum award shall not be more than 300,000 RMB.

       Article 19 If a department of publication or other departments fail to execute the duty of supervision and administration according to these rules, an administrative sanction shall be imposed according to law on the directly responsible persons in charge and other directly responsible persons.

       Article 20 If the personnel of the departments of publication or other departments abuse power, neglect duties, practice favoritism and irregularities, administrative sanctions shall be imposed according to law; if a crime is constituted, the criminal responsibility shall be investigated into according to law.

       Article 21 In case of violation of Article 3, the municipal department of publication and the department of public security shall inflict punishments according to law; if a crime is constituted, the criminal responsibility shall be investigated into according to law.

       Article 22 In case of violation of Article 11, the department of industrial and commercial administration shall confiscate illegal earnings, and impose a fine of more than 5,000 but less than 10,000 RMB.

       Article 23 In case of violation of the second section of Article 17, the municipal department of publication shall order correction by a deadline; if the refusal to correct is given, a fine of more than 2,000 but less than 5,000 RMB shall be imposed.

       Article 24 The party concerned who has an objection to the decision of administrative sanction may apply for an administrative review or bring in an administrative lawsuit according to law.