Publishing Of Electronic Publications Management

Original Language Title: 电子出版物出版管理规定

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(February 21, 2008 the press and publication administration to 34th release since April 15, 2008) Chapter I General provisions article in order to strengthen the management of electronic publication activities, promote the healthy development of electronic publishing and prosperity, according to the published regulations of the State Council and the State Council to set administrative administrative examination and approval items really necessary to be retained licensing decisions and the relevant laws, administrative regulations, this provision is enacted.
    Article in the People's Republic of China territory of electronic publication production, publishing, importing activities, these provisions shall apply. This provides by said electronic publications, is refers to to digital code way, will has knowledge, and ideological content of information edit processing Hou storage in fixed physical form of magnetic, and light, and electric, media Shang, through electronic reading, and displayed, and play equipment read using of mass spread media, including CD-ROM (CD-ROM, and DVD-ROM,), and once writes CD (CD-R, and DVD-R,), and can wipe wrote CD (CD-RW, and DVD-RW,), and diskettes, and hard disk, and IC card,,
    And other media recognized by the press and publication administration.
    Article electronic publication shall not contain published regulations on 26th, 27th prohibited content.
    Article press and publication administration is responsible for the supervision and administration of electronic publication activities in the country.
    Local press and publication administrative departments at or above the county level shall be responsible for the supervision and administration of electronic publication activities in the administrative area.
    Fifth State shall practice a licensing system for electronic publications activities without permission, no unit or individual is allowed to engage in publishing activities of electronic publications.
    Second chapter published units established sixth article established electronic publications published units, should has following conditions: (a) has electronic publications published units of name, and articles; (ii) has meet news published Department finds conditions of competent, and hosted units; (three) has determine of electronic publications published business range; (four) has 2 million Yuan above of registered capital; (five) has adapted business range need of equipment and work places, its fixed work places area shall not less than 200 square meters;
    (F) adapt to the business needs of the Organization, there are more than 2 people have mid-level publishing professional qualifications; (VII) other conditions stipulated by laws and administrative regulations.
    Apart from the conditions set out in the preceding paragraph, shall also comply with national electronic publication units total, structure, layout planning.
    Article seventh electronic publication units, by their competent units agreed upon by the organizers to the local provincial, autonomous region, municipality directly under the administration of press and publication apply; by provinces, autonomous regions and municipalities directly under the examination and approval of the Administrative Department of press and publication, State press and publication administration for approval.
    Eighth article application established electronic publications published units, should submitted following material: (a) by requirements fill in of application table, should contains Ming published units of name, and address, and capital structure, and sources and the amounts, published units of competent, and hosted units of name and address, content; (ii) hosted units, and competent units of about qualification proved material; (three) published units articles; (four) statutory representative people or main head and the this provides sixth article requirements of about personnel of qualification proved and identity proved;
    (V) the feasibility study report, (vi) capital verification institution established by law issued by the registered capital the capital verification certificate; (VII) used in the workplace.
    Article press and publication Administration accepting the establishment of electronic publication units within 90 days from the date of application, the decision to approve or disapprove directly or by provincial, autonomous region, municipality directly under the administration of press and publication in writing notify the hosting entity; not approved, reasons shall be given.
    Article tenth electronic publications the publishing unit of the organizer shall, within 60 days from the date of receipt of the approval decision to the local administrative Department of press and publication of provinces, autonomous regions and municipalities directly under the registration, receiving press and publication administration issued the publication license of electronic publications.
    Publishing of electronic publications electronic publications license registered with the local industry and Commerce Administration Department, and obtain business licenses according to law.
    11th electronic publications unit expiry of 180 days from the registration date does not engage in publishing activities, the Administrative Department of press and publication of provinces, autonomous regions and municipalities directly under the cancellation of registration, withdrawing the publication license of electronic publications, and the General Administration of press and publication record.
    Due to force majeure or other valid reasons listed in the preceding paragraph, electronic publications unit to the provinces, autonomous regions and municipalities directly under the application for extension of the Administrative Department of press and publication.
    12th electronic publications unit changes its name or host organization or the competent unit, scope of business, capital structure, merger or Division shall be in accordance with the seventh, eighth section again for examination and approval procedures, and original registration the registration of the Administrative Department for industry and commerce.
    Publishing of electronic publications unit, change of address, legal representative or principal responsible person, shall be approved by its directors, organizers agreed to the local provinces, autonomous region and municipality directly under the administration of press and publication after the application for registration of changes, to the Administrative Department for industry and Commerce for registration of change of original registration.
    The province, autonomous region, municipality directly under the administration of press and publication General Administration of press and publication record matters related to registration.
    13th electronic publication units stop publishing activities should be to the local provinces, autonomous regions and municipalities directly under the administration of press and publication departments for registration and administration of industry and Commerce of the original registration cancellation of registration.
    The province, autonomous region, municipality directly under the administration of press and publication General Administration of press and publication on the cancellation of registration shall be filed.
    Article 14th continuous electronic publication applications, unit in charge of the approval by the organizers to the local provincial, autonomous region, municipality directly under the administration of press and publication apply; by provinces, autonomous regions and municipalities directly under the examination and approval of the Administrative Department of press and publication, State press and publication administration for approval.
    Continuous electronic publication mentioned in these regulations refers to a fixed name, volumes, numbered sequentially, album or year, month, according to a periodic publishing of electronic publications.
    Continuous electronic publication section 15th, shall submit the following materials: (a) the application shall set forth the name of continuous electronic publications, periodicals, and media forms, business scope, target audience, column design, scripts and so on; (b) unit in charge of the audit opinion.
    Application for continuous electronic publications of the publishing and distribution of newspapers and periodicals, shall also submit the samples of newspapers and periodicals.
    Continuous electronic publications published by the 16th approved, added or changed a continuous electronic publication name, published in issue and the scope of, and shall comply with the provisions of article 14th, 15th, and approval procedures. Article 17th publication administrative departments of the units engaged in the production of electronic publications for the record management system.
    Electronic publications unit of production units should be in registration, as well as from the date of registration of the variation in the 30th, company name, address, legal representative or principal responsible name and photocopy of the business license, the legal representative or principal responsible person identification report the province, autonomous region, municipality directly under the administration of press and publication record.
    Electronic publications produced in these rules refers to by way of creation, processing, design, providing for publication, reproduction and distribution of electronic publication activities of program source.
    Chapter III Administration published 18th editorial responsibility system of electronic publication units, protect the content of electronic publications in accordance with the relevant laws and regulations.
    19th e-publications unit should be made before December 1 of each year, will be published next year plans to report the province, autonomous region, municipality directly under the administration of press and publication departments, provinces, autonomous regions and municipalities directly under the examination and approval of the Administrative Department of press and publication General Administration of press and publication record. 20th electronic publication system of implementation of major development projects and filing.
    Related to national security, social stability and major development projects, involving major revolution theme and major historical topic should be in accordance with the provisions of the press and publication administration related topics for the record filing procedures without record of major development projects, and may not be published. Article 21st publishing electronic publications, you must use China standard book number.
    Same content, different shape and format of electronic publication should be separate China standard book number.
    Publishing continuous electronic publications, you must use unified serial numbering, continuous electronic publication China standard book number shall be used.
    22nd e-publications unit shall not in any form to any unit or individual transfer, lease, sell the unit's name, electronic publications in China standard book number, national unified publication number.
    23rd electronic publication should be in line with the country's technical and quality standards and specifications.
    Publishing electronic publications, electronic publications printed identification of the carrier or its binding electronic publications set forth prominently made, name of the Publisher, China standard book number or unified serial numbering and bar code, name of the copyright owner and the date of publication and other relevant matters.
    24th electronic publications unit to apply for electronic publications published outside the authority of the copyright owner shall be to the local administrative Department of press and publication of provinces, autonomous regions and municipalities directly under the application; location of provinces, autonomous regions, or municipalities directly under the examination and approval of the Administrative Department of press and publication, State press and publication administration for approval.
    25th article application published outside copyright people authorized of electronic publications, should submitted following material: (a) applications, should contains Ming electronic publications name, and content introduction, and authorized party name, and authorized party basic situation introduced,; (ii) application units of reading report; (three) samples and the necessary of content information; (four) application units location province, and autonomous regions, and municipalities copyright administration sector of copyright contract registration proved file. Video game publications published outside the authority of the copyright owner shall be submitted to the main characters and main scenes information, agency license and distribution agreement and the issuer wholesale license, play text script full-text materials.

    26th press handling publishing outside the copyright owner authorized electronic publication date of the application, 20th in the decision to approve or disapprove; not approved, reasons shall be given.
    Approval of electronic publications published outside the authority of the copyright owner should organize expert evaluation and shall conform to the national total, structure, layout planning.
    27th an overseas copyright holder authorized electronic publications, electronic publications printed identification of the carrier or its binding and prominently set forth the introduction of release approval, licensing and copyright registration number.
    28th has approved electronic publications published outside the authority of the copyright owner, if the upgrade Edition was published, shall submit an application in accordance with the provisions of article 25th material, report the approval of the Administrative Department of press and publication of provinces, autonomous regions and municipalities.
    29th published outside the authority of the copyright owner of video game testing client programs and overseas Internet gaming works CD, submit application materials shall comply with the provisions of article 25th, report the approval of the Administrative Department of press and publication of provinces, autonomous regions and municipalities.
    Article 30th electronic publications electronic publications published in cooperation with a foreign institution, after shall be agreed by the competent units, topic report the Administrative Department of press and publication of provinces, autonomous regions and municipalities; the provinces, autonomous regions and municipalities directly under the examination and approval of the Administrative Department of press and publication, State press and publication administration for approval.
    General Administration of press and publication from the date of accepting an application for electronic publication topics published in cooperation in the 20th, to approve or disapprove the decision is not approved, reasons shall be given.
    31st article electronic publications published units application and outside institutions cooperation published electronic publications, should submitted following material: (a) applications, should contains Ming cooperation published of electronic publications of name, and carrier form, and content introduction, and cooperation both name, and basic situation, and cooperation way,, and attached intends cooperation published of electronic publications of about text content, and pictures, material; (ii) cooperation letter of intent; (three) competent units of audit views.
    32nd electronic publications electronic publications published in cooperation with foreign institutions, shall be published in the electronic publication will be submitted to the General Administration of press and publication record in the 30th.
    Article 33rd publishing units in line with the published electronic publications, to the local administrative Department of press and publication of provinces, autonomous regions and municipalities directly under the application of provinces, autonomous regions and municipalities directly under the examination and approval of the Administrative Department of press and publication, granting China standard book number and a Attorney for replication of electronic publications, and the General Administration of press and publication record.
    34th publishing unit to the application in line with the version of publishing electronic publications should be submitting applications and samples of this edition to be published electronic publications.
    Application shall be stated in line with the electronic publications published by the publications name, producer, main content, publishing content, copy number and carrier.
    35th electronic publications prior to release, Publisher shall provide the national library, the version of the library and the press and publication administration of China sent free samples.
    Article 36th publishes practitioners of electronic publications, publishing professional qualifications shall meet the national requirements.
    Electronic publications the publishing unit of the President and editor in Chief must meet the qualifications and conditions stipulated by the State.
    Publishing of electronic publications Unit Director and editor-in-Chief will be required to attend job training organization by the administration of press and publication, after obtaining a job training certificates to posts.
    37th electronic publication units must comply with national statistical requirements submitted to the Administrative Department of press and publication of statistical information in accordance with law.
    The fourth chapter import finished 38th article Import electronic publications, electronic publications must be approved by the General Administration of press and publication import entities submit applications for location of provinces, autonomous regions, or municipalities directly under the examination and approval of the Administrative Department of press and publication, State press and publication administration for approval.
    39th for import electronic publications, shall submit the following materials: (a) the application shall include the import of electronic publication name, description, Publisher, such as name, address, the number of imported; (b) the Manager review comments and (iii) units to apply for reading reports on the imported electronic publication; (d) contents of the imported samples of electronic publications and the necessary information.
    40th GAPP from the date of accepting an application for import of electronic publications in the 20th, to approve or disapprove the decision is not approved, reasons shall be given.
    Approval of imports of electronic publication, should organize an expert review, and should conform to the State the amount, structure and layout.
    41st article Import electronic publications should be affixed with logo on the outer packaging, containing the import permit number and the Publisher stated in Chinese names, address, owner name, date of publication and other related matters.
    Chapter fifth 42nd commissioned a copy not for sale management of electronic publications for sale, to the principal or the consignee located provinces, autonomous regions and municipalities directly under the application to the Administrative Department of press and publication, application should clearly state not for sale used for electronic publications, names send objects, copy number, carrier, content, forms, and samples.
    Electronic publications for sale limited to public information, enterprises, business advocacy, communication, product description, not pricing, not sales, sales in disguised form or paired with other commodity sales.
    Article 43rd Provincial, autonomous region, municipality directly under the administration of press and publication departments shall accept commissioned copies of electronic publications for sale from the date of application in the 20th, to approve or disapprove the decision is approved, a Attorney for replication of electronic publications issued; not approved, reasons shall be given.
    44th printing of electronic publications for sale vector logo and its prominent position binding electronic publication not for sale is a serial number to be indicated, number is divided into four sections: the first paragraph within square brackets in all provinces, autonomous regions and municipalities directly under the abbreviation, for in the second paragraph of "electronic publication not for sale", and the third year in parentheses, the fourth segment is a sequential number.
    Sixth chapter delegate replication management article 45th electronic publications and electronic publications for sale should be entrusted to the press and publication Administration approved the establishment of the unit of replication replication.
    Article 46th commissioned a reproduction of electronic publications and electronic publications for sale, you must use a Attorney for replication, and to comply with national regulations on Attorney for replication.
    Attorney for replication of uniformly printed by the press and publication administration.
    47th commissioned a copy of electronic publications, electronic publications for sale, should guarantee the letters of Attorney for replication is true, accurate and complete, and shall issue a copy of the power of Attorney sent direct unit of replication.
    Copy a delegate of electronic publications, electronic publications for sale unit shall not in any form to any entity or individual transfer, sell, the in-house attorney for replication.
    48th commissioned a copy of electronic publications unit, from the date of electronic publication for replication to complete in the 30th, to the local administrative Department of press and publication of provinces, autonomous regions and municipalities directly under the hand in this unit and the Attorney for replication of the second copy's seal and sample.
    Copy a delegate units shall send a Attorney for replication of electronic publications electronic publications saved IV for 2 years for reference.
    49th commissioned a copy of electronic publications, electronic publications for sale, approved Attorney for replication of electronic publications is not used within 90 days of the date is required to grant the power of Attorney of the province, autonomous region, municipality directly under the administration of press and publication sector returned to the Attorney for replication. Annual checks of the seventh chapter 50th annual verification of electronic publication units system, annual nuclear inspection once every two years. The provinces, autonomous regions and municipalities directly under the administration of press and publication on electronic publication units within their respective administrative areas implementation of annual verification.
    Verification includes electronic publications the publishing unit of the registration of a project, the establishment of conditions, publishing management, compliance, internal management, and so on.
    51st article electronic publications published units for annual nuclear inspection, should submitted following material: (a) electronic publications published units annual nuclear inspection registration form; (ii) electronic publications published units two years of summary report, should including implementation published regulations of situation, and published performance, and assets changes, content; (three) two years published of electronic publications published directory; (four) electronic publications published license of copies. 52nd article electronic publications published units annual nuclear inspection program for: (a) electronic publications published units should Yu nuclear inspection annual of January 15 Qian to location province, and autonomous regions, and municipalities news published administrative sector submitted annual nuclear inspection material; (ii) the province, and autonomous regions, and municipalities news published administrative sector on this administrative within electronic publications published units of established conditions, and carried out business and the implementation regulations, situation for full audit, and Yu the annual of February end of Qian completed annual nuclear inspection work
    ; To coincide with the annual verification required to be registered, the electronic publication and issue a license and (iii) of various provinces, autonomous regions and municipalities directly under the press and publications Administration to verify annual check before the session ends on March 20 and the General Administration of press and publication of written materials submitted for the record. 53rd article electronic publications published units has following case one of of, suspended annual nuclear inspection: (a) not has this provides sixth article provides conditions of; (ii) for violation published management regulations, is deadline closed reorganization of; (three) by audit found has violations should to punishment of; (four) had violation published management regulations by administrative punishment, not seriously rectification, still exists illegal problem of; (five) long-term cannot normal carried out electronic publications published activities of.

    Annual verification of the suspension period, from provinces, autonomous regions and municipalities directly under the Administrative Department of press and publication, should not be longer than 3 months. During the suspension, provinces, autonomous regions and municipalities directly under the press and publications Administration should urge and guide electronic publications unit for rectification.
    Reprieve annual expiration of verification, to meet the requirements of the annual verification of electronic publication units registered still does not meet the requirements of the annual verification of electronic publications, the local provinces, autonomous regions and municipalities directly under the deregistration to the Administrative Department of press and publication, of the press and publications administration revoked the publishing license of electronic publications, Administrative Department of press and publication of provinces, autonomous regions and municipalities directly under the seat for cancellation of registration.
    54th is not required to participate in the annual verification of electronic publication units, upon written notice and will participate in the annual verification, the local provinces, autonomous regions and municipalities directly under the deregistration to the Administrative Department of press and publication, of the press and publications administration revoked the publishing license of electronic publications, Administrative Department of press and publication of provinces, autonomous regions and municipalities directly under the seat for cancellation of registration.
    55th published continuous-type electronic publications unit in accordance with the provisions of this chapter to participate in the annual verification.
    Eighth chapter legal responsibility 56th article electronic publications published units violation this provides of, news published Department or province, and autonomous regions, and municipalities news published administrative sector can take following administrative measures: (a) issued warning notice; (ii) informed criticism; (three) ordered public review; (four) ordered corrected; (five) ordered stop copy, and issued electronic publications; (six) ordered recovered electronic publications; (seven) obliges hosted units, and competent units supervision electronic publications published units rectification.
    Uniform format warning notice 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 given to the illegal electronic publications and publishing unit, and copy to the organizer of illegal electronic publications and publishing unit and its authorities.
    Administrative measures listed in this section can be used.
    57th without approval, any establishment of electronic publication units, electronic publication business without authorization, forged or counterfeit electronic publishing units or continuous electronic publications name, electronic publication of special electronic publication China standard book number, published in accordance with the regulations on the administration of 55th penalty.
    Books, newspapers, periodicals, audio-video publishing units without approval, with the publication this edition of electronic publications, are unauthorized in the electronic publication business, penalties in accordance with the preceding paragraph. 58th article engaged in electronic publications making, and published business, has following behavior one of of, according to published Management Ordinance 56th article punishment: (a) making, and published contains published Management Ordinance 26th article, and 27th article ban content of electronic publications of; (ii) knows or should know others published contains published Management Ordinance 26th article, and 27th article ban content of electronic publications and to its sold, and rental or to other form transfer this published units of name, and
    Electronic publication China standard book number, unified serial numbering, bar codes, and the Attorney for replication of electronic publications.
    59th electronic publications unit for rent, lend, sell or in any other form of transfer of the unit's name, electronic publication China standard book number, unified serial numbering, 60th penalty according to the published regulations. 60th article has following behavior one of of, according to published Management Ordinance 61st article punishment: (a) electronic publications published units change name, and hosted units or competent units, and business range, and capital structure, merged or Division, electronic publications published units change address, and statutory representative people or main head, not in accordance with this provides of requirements handle approval, and change registration procedures of; (ii) by approved published of continuous type electronic publications, added or change continuous type electronic publications of name, and
    Published period and scope, fails to go through examination and approval procedures, (iii) electronic publications unit does not carry out the annual publishing plan and major development projects for the record and (iv) publishing unit to the electronic publications is not in accordance with the relevant provisions of samples; (v) electronic publication import entities in violation of the provisions of article 38th of unauthorized imports of electronic publications.
    61st electronic publications unit have not been submitted to the Administrative Department of press and publication of statistical information, according to the press and publication Department, jointly issued by the National Bureau of the measures for the statistical administration of press and publication of the punishment. 62nd article has following behavior one of of, by news published administrative sector ordered corrected, give warning, can and at 30,000 yuan following fine: (a) electronic publications making units violation this provides 17th article, not handle record procedures of; (ii) electronic publications published units violation this provides 21st article, not by provides using China standard ISBN or domestic unified continuous publications, of; (three) electronic publications published units published of electronic publications not meet national of technology, and quality standard and specification requirements of,
    Or not by this provides 23rd article contains Ming about matters of; (four) electronic publications published units published outside copyright people authorized of electronic publications, violation this provides 24th article, and 27th article, and 28th article, and 29th article about provides of; (five) electronic publications published units and outside institutions cooperation published electronic publications, not by this provides 30th article handle topics approval procedures of, not by this provides 32nd article will sample disc submitted record of;
    (Six) electronic publications imports business units violation this provides 41st article of; (seven) delegate copy electronic publications not for sale violation this provides 42nd article of about provides, or not by 44th article marked electronic publications not for sale unified number of; (eight) electronic publications published units and the other delegate copy units violation this provides 45th article to 49th article of provides, delegate without approved established of copy units copy, or not comply with about copy Attorney of management system of.
                                                                Nineth chapter supplementary articles article 63rd these provisions come into force on April 15, 2008, promulgated on December 30, 1997, the Department of press and publication of the regulations on the management of electronic publications at the same time repealed after administration of press and publication of electronic publication production, publishing, import of other provisions, where inconsistent with this provision, is subject to this provision.

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