Administration Of The Publications Market Provisions

Original Language Title: 出版物市场管理规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201109/20110900349561.shtml

Administration of the publications market provisions

    (March 25, 2011 press and publication administration, the Ministry of Commerce announced come into force on the date of promulgation, 52nd) Chapter I General provisions

    First for regulating the publication distributing activities, supervision and management, to establish a national unified, open, competitive and orderly market system of publications, developing the Socialist publishing industry, according to the published regulations, relevant laws, administrative regulations, and these provisions are formulated.

Provisions of this article apply to the publication distributing activities, supervision and management.

The publication mentioned in these regulations refers to books, newspapers, periodicals, audio and video products and electronic publications.

Issue mentioned in the regulations, including distribution, wholesale, retail, lease, sales and other activities.

General distribution means the only supplier to the operator sells publications other publications.

Wholesale is a supplier to the operator sells publications other publications.

Retail refers directly to consumers, the sale of publications.

Rent refers to provide publications to readers in the form of rent.

    Sale refers to the sponsor in a certain place, time, concentration and Exhibition Organization publication, sales, ordering publications. Article for publication according to law through a licensing system, without permission, no unit or individual may engage in publication distributing activities.

    Except as otherwise provided in the present provisions.

Article press and publication administration is responsible for the supervision and administration of national publications, is responsible for formulating national planning of the publication distributing industry development. The provinces, autonomous regions and municipalities directly under the administration of press and publication departments are responsible for the supervision and management of the publication distributing activities within the administrative area, development planning of the publication distributing industry development of provinces, autonomous regions and municipalities.

Administrative Department of press and publication of people's Governments below the provincial level are responsible for supervision and management of the publication distributing activities within their respective administrative areas.

    Development planning of the publication distributing industry development is subject to scientific proof, absolutely legitimate and fair, realistic, principles for development.

    Fifth issue industry organization in accordance with its Statute and guided by the Administrative Department of press and publication, and self-regulation.

    Chapter II establishment of a publication distributing entity

Established by article sixth General publication enterprise or any other entity that is engaged in the General publication distributing business, shall meet the following conditions:

(A) has a definite Enterprise name and scope;

(B) publications for the main business;

(C) organizations in conformity with the General publication distributing business, and publishers, at least one person should be a senior publication distributor or above vocational qualifications or the press and publication Administration approval and publication related to mid-level professional and technical qualifications;

(D) commensurate with the General publication distributing business, equipment and fixed place of business, business premise business area of not less than 1000 square meters;

(E) not less than 20 million yuan of registered capital;

(Vi) have a sound management system and with industry-standard information management system;

(VII) within the last three years by the Administrative Department of press and publication administrative punishment, has no record of other serious violations.

    Besides the General publication enterprises established by law outside the branch engaged in the publishing business, distribution units for corporate legal entities.

Seventh an application for establishing a general publication enterprise or any other entity that applies to engage in the General publication distributing business, shall be to the local provinces, autonomous regions and municipalities directly under the press and publications administration submit application materials, after its approval, State press and publication administration for approval. Press and publication administration shall, within 60 working days from the date of acceptance of the application to approve or not to approve the decision, and shall inform the applicant.

Approved, by the press and publication administration issued the publication license, the applicant of the publication license of the industrial and commercial administrative departments shall go through the relevant formalities; approved, shall state the reasons in writing.

Application materials include the following written information:

(A) the application, containing the units and applications;

(B) Organization and articles of Association;

(C) the registered capital credit;

(D) the premises and use of certificates;

(V) the identity of the legal representative or principal responsible person;

(F) distributor of the owner of the vocational qualification certificate or other qualification supporting documents;

(G) evidence of enterprise information management systems;

    (VIII) other supporting materials you need.

Eighth article to establish a publication wholesaling enterprise or any other entity to engage in the publication wholesaling business, shall meet the following conditions:

(A) has a definite Enterprise name and scope;

(B) suitable for the publication wholesaling business organizations and publishers, at least one charge must have intermediate publication distributor or above vocational qualifications or the press and publication Administration approval and publication related to mid-level professional and technical qualifications;

(C) equipment suitable for the publication wholesaling business and a fixed place of business, in which single store entering the wholesale of publications market area of not less than 50 square meters, operating area of independent undertakings not less than 200 m;

(D) the registered capital of no less than 5 million Yuan;

(E) have a sound management system and with industry-standard information management system;

(F) is provided in the last three years by the Administrative Department of press and publication administrative punishment, has no record of other serious violations.

    Besides publication distributing enterprises established by law outside the branch engaged in the wholesale business, the wholesale unit should be legal for the company.

Nineth applies to establish a publication wholesaling enterprise or any other entity that applies to engage in the publication wholesaling business, shall be submitted to the local municipal administration of press and publication application and approval, upon approval of the Administrative Department of press and publication of provinces, autonomous regions and municipalities. The province, autonomous region, municipality directly under the administration of press and publication within 20 working days from the day of acceptance of the application to approve or not to approve the decision, and shall inform the applicant. Approved by the provinces, autonomous regions, municipalities issued the publication license of the Administrative Department of press and publication, and the General Administration of press and publication record. Applicants holding the publication business license to the industrial and commercial administrative departments shall go through the relevant formalities.

Approved, shall state the reasons in writing.

Application materials include the following written information:

(A) the application, containing the units and applications;

(B) the articles;

(C) the registered capital credit;

(D) right to use the site and proved;

(V) the identity of the legal representative or principal responsible person;

(F) distributor of the owner of the vocational qualification certificate or other qualification supporting documents;

(G) evidence of enterprise information management systems;

    (VIII) other supporting materials you need.

Article tenth publication retail enterprise or any other entity or individual engaged in publications retail business, shall meet the following conditions:

(A) determines the name and scope;

(B) at least one person to be a primary publication distributor or above vocational qualifications or the press and publication Administration approval and publications specializing in the junior professional and technical qualifications;

    (C) a fixed place of business.

11th applies to establish a publication retail enterprise or any other entity or individual that applies to engage in the publication's retail business, must submit an application to the local administrative Department of press and publication of people's Governments at the county level material. Administrative Department of press and publication at the county level shall, within 20 working days from the date of acceptance of the application to approve or not to approve the decision, and shall inform the applicant. Upon approval of the publications issued by the Administrative Department of press and publication of people's Governments at the county level license, and at the next higher level administrative departments of press and publication, which business area of over 5000 square meters and should at the same time the province, autonomous region, municipality directly under the administration of press and publication record. Applicants holding the publication business license to the industrial and commercial administrative departments shall go through the relevant formalities.

Approved, shall state the reasons in writing.

Application materials include the following written information:

(A) the application, containing the units and applications;

(B) the premises of use right certificate;

    (C) the identity of the operator and distributor of vocational qualification certificate or other qualification documents.

    Article 12th publication rental businesses or any other unit or individual engaging in the publication rental business, should be on the 15th after obtaining the business license holder license and business address, legal representative or principal responsible materials to the local administrative Department of press and publication of people's Governments at the county level for the record.

Article 13th publication chain enterprises carrying on business or other chain enterprises to engage in the publication chain, subject to the following conditions:

(A) has a definite Enterprise name and scope;

(B) in accordance with chain-like management of the Organization and mode of operation;

(C) not less than 3 million yuan of registered capital, which engaged in a nationwide chain of no less than 10 million Yuan;

(D) more than 10 direct chain of stores;

(E) chains adapted to business organization and distribution of publications officer, at least one charge must have intermediate publication distributor or above vocational qualifications or the press and publication Administration approval and publication related to mid-level professional and technical qualifications;

(F) fitting in with the publication of chain business and fixed place of business, which sample the business area of not less than 500 square meters;

(VII) have a sound management system and with industry-standard information management system;

    (H) is provided in the last three years by the Administrative Department of press and publication administrative punishment, has no record of other serious violations. Article 14th applies to establish a publication chain enterprises or any other chain business enterprise that applies to engage in the publication chain business, to the headquarters of municipal press and publication administrative departments to submit application materials. Audited upon approval of the Administrative Department of press and publication of provinces, autonomous regions and municipalities; provincial, autonomous region, municipality directly under the administration of press and publication within 20 working days from the day of acceptance of the application to approve or not to approve the decision, and shall inform the applicant.
Approved by the provinces, autonomous regions, municipalities issued the publication license of the Administrative Department of press and publication, and the General Administration of press and publication record; is not granted, and shall state the reasons in writing.

Apply for the establishment of a national publication chain enterprises or any other chain enterprises applying for publications nationwide chain store business, to the headquarters of the provincial, autonomous region, municipality directly under the administration of press and publication submission of application materials, approval, and once the State press and publication administration for approval. Press and publication administration shall, within 60 working days from the date of acceptance of the application to approve or not to approve the decision, and shall inform the applicant. Upon approval of the publication business license issued by the GAPP. Applicants holding the publication business license to the industrial and commercial administrative departments shall go through the relevant formalities. Approved, shall state the reasons in writing.

Application materials include the following written information:

(A) the application, stated the basic situation of the enterprise, applications, and so on;

(B) Organization and articles of Association;

(C) the registered capital credit;

(D) the headquarters and in the chain store business sites list and proof of use;

(V) the identity of the legal representative or principal responsible person;

(F) distributor of the owner of the vocational qualification certificate or other qualification supporting documents;

(G) documentation on the use of enterprise information management systems;

    (VIII) other supporting materials you need.

15th publication chain enterprises to establish direct chain stores do not need separate handling of the publication license, by publication chain corporate headquarters of the publication business license copy of the local administrative Department of press and publication of people's Governments at the county level to stores after filing, to the industrial and commercial administrative departments shall collect non-license.

    Publication chain enterprises non-direct chain of stores, chain stores shall comply with the provisions of article tenth, 11th of the relevant provisions of the approval procedures, already has the business except in publications.

16th article national allows established engaged in books, and newspaper, and journals, and electronic publications issued activities of Sino-foreign joint venture business enterprise, and foreign cooperation business enterprise and foreign-funded enterprises, allows established engaged in audio issued activities of foreign cooperation business enterprise; which, engaged in books, and newspaper, and journals chain business business, chain stores over 30 home of, not allows foreign holding; foreign investors shall not to disguised shares way violation above about 30 home chain stores of limit. Established foreign investment publications total issued, and wholesale, and retail, and chain business enterprise should has of conditions and the news published administrative sector of approval program according to this provides sixth article to 15th article of about provides implementation; applicants get news published administrative sector approved file Hou, also must according to about legal, and regulations to business competent sector proposed application, handle foreign investment approval procedures, and Yu get approved Hou 90 days within holding approved file and foreign investment enterprise approved certificate to original approved of news published administrative sector received Publication license.

    Applicants holding the publication license, and the foreign-invested Enterprise approval certificate to the local administration for industry and commerce business license according to law.

17th via Internet or in other information networks engaging in the publication distributing business units or individuals, the publication should be made in accordance with the license, foreign-funded enterprises should also be in accordance with the relevant provisions of the foreign investment examination and approval procedures.

    Have made the publication license of a publication distributing entity, within the approved scope of business by engaging in the publication distributing business information networks such as the Internet, should develop Internet publication distributing business during 15th to the original approval of the Administrative Department of press and publication record.

Article 18th engages in publication distributing Book Club, Club, or other similar organization, in accordance with the provisions of the present article tenth and 11th.

    Publication distributing enterprises may set up does not have the legal personality of the book club, Club, or other similar organization without approval, but should be set up within 15th after holding relevant material to the original approval of the Administrative Department of press and publication.

    19th publications distribution unit in the administrative area of the jurisdiction of the Administrative Department of press and publication must be approved by location and time, set up temporary retail sales activities within their scope of business publications, provided in advance to set up press and publication administration departments to carry out the county record, seat of and comply with other relevant regulations.

20th General publication distributing entity can engage in the publication wholesaling business, retail; publications wholesale establishments may engage in publications retail business.

Established publication distributing entity does not have legal personality of the release branches, according to the business of the proposed branch, respectively, in accordance with the establishment of a general publication, wholesale and retail units in the relevant provisions of the approval procedures.

    Publishing unit set up the release of this publication does not have the legal personality of the release branches, Publisher shall hold copies of the publication business license and branches to set up address, personnel and other related material in branches set up within 15th branch is located province, autonomous region, municipality directly under the administration of press and publication record.

Article 21st of engaging in the publication distributing business units and individuals change business registration in the publication, or merger, merger, Division, shall, in accordance with the approaches to the original approval of the Administrative Department of press and publication and approval procedures, and approval documents to the Administrative Department for industry and commerce registration of foreign-funded enterprises should also be in accordance with the relevant provisions of the foreign investment examination and approval procedures.

    Entity or individual engaging in the publication distributing business termination of business activities, should be to the Administrative Department for industry and commerce to cancel the registration, and to the approval of the Administrative Department of press and publication record.

    Chapter III administration of publications

22nd no organization or individual may distribute the following publications:

(A) containing the content of the published regulations banning illegal publications;

(B) all kinds of illegal publications, including: unauthorized publication, print or copy of publication, forgery, counterfeiting unit or press published names of publications for illegal importation of publications;

(Iii) violating someone's copyright or exclusive publishing right of publication;

    (D) explicitly prohibited by the Administrative Department of press and publication from being published, printed, reproduced or distributed publications.

Article 23rd internally distributed publications shall not be publicly advertised, displayed, display and sales.

    Publication only in the internal information system, the industry or the free distribution of the units, and no organization or individual may distribute.

Article 24th of engaging in the publication distributing business units and individuals should follow in the issuance fairness, legality and the principle of honesty and trustworthiness, and conclusion of supply contracts in accordance with law, shall be without prejudice to the legitimate rights and interests of consumers.

Entity or individual engaging in the publication distributing business must abide by the following provisions:

(A) purchase from lawfully established publication distributing entity; distributing imported publications, shall purchase from lawfully established publication import entities;

(B) the publication into the sales lists on non-financial instruments, such as at least two years for possible examination;

(C) shall not exceed the business scope approved by the Administrative Department of press and publication;

(D) you will not post prohibited content and dissemination of laws and regulations or deceptive words of subscription lists, advertisements, and posters;

(E) are not allowed to change the copyright page of the publication;

(F) the business should be in the business place in the publication from the obvious display using information networks engaging in the publication distributing business, shall include in its Web site home page or engaging in business activities page prominently open publication license and license related information or links posted marks;

    (VII) you will not alter, change, rent, lend, sell or in any other form of transfer of business and approval documents in the publication.

    25th publication distributing entity shall establish a system of vocational training, in accordance with the People's Republic of China determined by the labour code and the national occupational classification publication Distributor and occupational skills standards, and organize the in-house practitioners after the approval of the labor Administrative Department of the State assessment accreditation bodies implementing vocational skills appraisal assessment.

26th publishing unit of the current edition has the right of general distribution of publications.

    Publisher not to have no right of general distribution of publications of unit transfers or transfers in a disguised form the right of general distribution of publications shall not delegate the power to wholesaling publications-free units of wholesale publication or when the publication wholesaling business, may not authorize non-publication distributing entity issuing publications.

Article 27th publications online trading platform to the local province, autonomous region, municipality directly under the administration of press and publication record, accept the guidance and supervision of the Administrative Department of press and publication management. Offers publications online trading platform operators, should be applied for through the Internet trading platform for engaging in the publication distributing business identity of subject reviewing, verifying the operating license, the publication license of the main body, and retain copies of certificates for future reference.

Not without a license without a license, the operator license does not align to provide online trading platform services.

    Offers publications online trading platform operators found engaged in various illegal activities in the online trading platform, should take effective measures to stop it, and promptly report to the local administrative Department of press and publication.

28th of provinces, autonomous regions and municipalities directly under the administration of press and publication sector and national publication and distribution of industry associations may apply for hosting the national exhibition of publications and the State press and publication administration for approval provided that 6 months.

    A national publication and distribution Association can host the inter-provincial professional publications exhibitions; city and county administrative departments of press and publication and the provincial publication and distribution Association to host the exhibition of local publications; the hosting entity must report 2 months in advance of provinces, autonomous regions and municipalities directly under the Administrative Department of press and publication. Article 29th secondary school textbooks issued units shall have to adapt textbooks for primary schools offering business needs funding, organization and personnel conditions, approval from the General Administration of press and publication and the textbook issue qualifications. Elementary school textbooks of the schools into the scope of government procurement, the issuing unit must be in accordance with the People's Republic of China identified the relevant provisions of the law on government procurement.

No other entity or individual may engage in secondary school textbooks for primary distribution.

    Textbook distribution management measures shall be formulated separately by the press and publication administration.

30th no unit and individual shall engage in the publications listed in this article 22nd subscription, storage, transport, mail, post, distribute, give and other activities.
Storage, transportation and delivery of publications activities, shall be subject to the supervision and inspection of the Administrative Department of press and publication.

    31st engages in publication distributing business units and individuals shall be in accordance with the provisions of the Administrative Department of press and publication subject to annual verification, and in accordance with the People's Republic of China statistics law, the measures for the statistical administration of press and publication and relevant regulations to submit statistical information shall not be any excuse for refusing or delaying to report, making false statements on or concealing, or forging or altering the statistical data.

    A publication distributing entity no longer meets the conditions of a statutory administrative license, the Administrative Department of press and publication ordered corrected; overdue correction, by the issuing authority to withdraw the publication license.

    The fourth chapter penalty

Article 32nd without approval, establishes a publication distributing entity or discretionally engages in publication distributing business, pursuant to article 61st of the published regulations on punishment.

    Unauthorized establishment of release branches, the publication wholesale market, hosted a national publication without permission marketing activities or not in compliance with the provisions of this Ordinance the organizers permission to host local or interprovincial marketing activities of professional publications, and punishment in accordance with the preceding paragraph.

Article 33rd issue of prohibited publications, 62nd penalty according to the published regulations.

GAPP issued prohibiting the import of publications, or distributing imported publications from the publication import entities purchase approved law, punished in accordance with published regulations of the 63rd.

Distribution and other illegal publications explicitly prohibited by the Administrative Department of press and publication from being published, printed, reproduced or distributed publications, punished in accordance with published regulations of the 65th.

    Distribution prohibited publication or illegal publications, the Parties designated by the description, to its source, verified, confiscating publications and ill-gotten gains can be mitigated or exempted from other administrative punishments.

    34th article violates the present provisions in distributing infringing copyright or of the exclusive right of publication in accordance with the People's Republic of China copyright law and the People's Republic of China regulations for the implementation of the provisions of the copyright law.

    35th issue without legal approval of middle school textbooks for primary, or without legal means of units engaged in textbooks for primary and Middle School of business, punished in accordance with published regulations of the 65th.

    Article 36th publication distributing entity in accordance with the provisions of change approval procedures, 67th punishment according to the published regulations.

    37th article violates this provision revoked the license of publications, revoked by the original licensing unit of its legal representative or principal responsible publication Distributor and persons directly responsible of the vocational qualification certificate; its legal representative or principal responsible, since the license is revoked may not be issued within 10 years from the date of the statutory representative or principal responsible.

38th article violates this provision of any of the following acts, the Administrative Department of press and publication shall be ordered to desist from the illegal act, with a warning and fines of between 30,000 Yuan:

(A) fails to provide nearly two years of publication sales lists, and other non-financial instruments;

(B) outside the business scope approved by the Administrative Department of press and publication;

(C) the posting and dissemination of laws and regulations prohibited content or subscription lists, advertisements, and posters of the deceptive words;

(D) unauthorized publication copyright page;

(E) the business is not in the business place in the publication from the obvious display of or within Web pages prominently open publication license and license related information or links posted logo;

(Vi) sell, lend, lease, transfer, or the unauthorized alteration of or altering the publication business license;

(VII) distribution of internal information publications or public information, exhibitions, sales, provision should be made by the internal distribution of publications;

(H) to the right of general distribution of free transfers or transfers in a disguised form the right of general distribution of publications, delegate the power to wholesaling publications-free units wholesale, or agent publication wholesaling business, commissioned non-publication distributing entity issuing publications;

(IX) provides online trading platform operators not complying with the provisions relating to the review and management responsibilities;

(10) should be carried out according to the record not record;

    (11) according to the provisions of their annual nuclear.

    39th subscription, storage, transport, mail, post, distribute, handed out by the publications listed in this article 22nd, 33rd in accordance with this article be punished.

    40th article violates this article 31st did not submit statistical data, in accordance with the General Administration of press and publication of the measures for the statistical administration of press and publication.

    The fifth chapter by-laws

41st Hong Kong S.A.R., and Macau S.A.R., and Taiwan investors in other provinces, autonomous regions and municipalities directly under the established publication distributing enterprises, in accordance with the provisions of article 16th, and supplementary provisions as follows:

(A) allow the Mainland to Hong Kong and Macao service providers-owned, joint ventures provide audio and video products (including film production after) distribution services;

(B) for the same in the Mainland to Hong Kong and Macao service providers engaged in books, newspapers, periodicals, chain operation, allow its holding, but capital contribution shall not exceed 65%;

    (C) the Hong Kong and Macao service providers should comply with the Mainland and Hong Kong closer economic partnership arrangement and the Mainland/Macao closer economic partnership arrangement on the "service provider" definition and related requirements of the obtained certificates of Hong Kong and Macao service providers.

    42nd unless lawfully established publication wholesale market, all provinces, autonomous regions and municipalities may not set up or disguised to establish a publication wholesaling markets entered the market for wholesale of publications business unit in front of the sale of publications, must submit a sample of the publication wholesale market Administration Office, deregulating the publication sample must be submitted to the audit and the sale of publications.

    43rd national chain store mentioned in these regulations, means across provinces, autonomous regions and municipalities directly under the chain-like management.

    Article 44th of the publication license, copy the style prescribed by the General Administration of press and publication, by the press and publication Department, or province, autonomous region, municipality directly under the administration of press and publication be printed. 45th article this provides since announced of day up purposes, previously news published Department and about sector issued of publications market management provides, and audio wholesale, and retail, and rental management approach, and foreign investment books, and newspaper, and journals points pin enterprise management approach and foreign cooperation audio points pin enterprise management approach and the about added provides while abolition, this provides purposes Qian and this provides inconsistent of other provides no longer implementation.