Administration Of The Publications Market Provisions

Original Language Title: 出版物市场管理规定

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(Released July 24, 2003, press and publication administration, 20th) Chapter I General provisions article 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 newspapers, periodicals, books and electronic publications.
    Issue mentioned in the regulations, including distribution, wholesale, retail, lease, sales and other activities.
    General distribution in these rules refers to underwriting of publications publications distribution unit.
    Wholesaling in these rules refers to operator sells publications other publications.
    Retail in these rules refers directly to consumers, the sale of publications.
    Rent in these rules refers to provide publications to readers in the form of rent.
    Sales in these rules, is in a fixed location or fixed in a certain time within exhibition, sale or subscription of the publication.
    Third State publications distribution systems without permission, no unit or individual may engage in publication distributing activities.
    Lawfully established publication distributing entity and approved the individual engaging in the publication distributing business may engage in publication distributing activities according to law, not prescribed by law, and no unit or individual shall interfere.
    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.
    Article press and publication administration and the provinces, autonomous regions and municipalities directly under the Administrative Department of press and publication distribution network planning is subject to scientific proof, absolutely legitimate and fair, realistic, principles for development.
    The provinces, autonomous regions and municipalities directly under the Administrative Department of press and publication, publication distribution network planning shall be agreed by the press and publication Administration approval and reported to the people's Governments at the corresponding level approval, and published within their respective administrative areas, shall not be used as a publication distributing entity approval basis.
    Second chapter publications issued units established sixth article established publications total issued enterprise or other units engaged in publications total issued business, should has following conditions: (a) has determine of Enterprise name and business range; (ii) to publications issued for main business; (three) has and publications total issued business phase adapted of issued professionals, statutory representative people or main head should has senior above publications issued member career qualification, issued personnel should has primary above publications issued member career qualification;
    (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) the registered capital of no less than 20 million Yuan (vi) with the corresponding computer management conditions and a sound management system. Seventh an application for establishing a general publication enterprise or any other entity that applies to engage in the General publication distributing business, shall submit to the Department of press and publication of the application provided for in the second paragraph of article material, press and publication administration shall, within 60 working days from the date of receipt of application materials 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 Administration for industry and commerce business license according to law; not approved, reasons shall be given.
    Application material including following written material: (a) applications, contains Ming units of name, and address, and statutory representative people or main head name, and address, and capital source, and capital amounts,; (ii) Organization institutions and articles; (three) registered capital credit proved; (four) business places of situation and the right proved; (five) statutory representative people or main head of identity proved; (six) statutory representative people or main head and the issued professionals of career qualification certificate;
    (VII) proof of the corresponding computer management conditions. Eighth article established publications wholesale enterprise or other units engaged in publications wholesale business, should has following conditions: (a) has determine of Enterprise name and business range; (ii) has and publications wholesale business phase adapted of issued professionals, statutory representative people or main head should has intermediate above publications issued member career qualification, issued personnel should has primary above publications issued member career qualification; (three) has and publications wholesale business phase adapted of equipment and fixed of business places,
    The single store entering the wholesale market no less than 50 square meters, operating area of independent undertakings not less than 500 square meters; (d) the registered capital of no less than 2 million Yuan (v) having corresponding computer management conditions.
    The 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 of the third paragraph of this article apply materials, municipal Administrative Department of press and publication on the date of receipt of the application within 15 working days from the audit opinion, together with the application materials are submitted to the provincial, autonomous region, municipality directly under the approval of the Administrative Department of press and publication. The province, autonomous region, municipality directly under the administration of press and publication within 30 working days from the date of receipt of application materials 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 to obtain business licenses.
    Is not granted, it shall explain the reasons.
    Application material including following written material: (a) applications, contains Ming units of name, and address, and statutory representative people or main head of name, and address, and capital source, and capital amounts,; (ii) Enterprise articles; (three) registered capital credit proved; (four) business places of situation and the right proved; (five) statutory representative people or main head identity proved; (six) statutory representative people or main head and the issued professionals of career qualification certificate; (seven) corresponding computer management conditions of proved material.
    Article tenth publications retail and rental businesses or any other unit or individual engaging in the publication retail and rental business, shall meet the following conditions: (a) determines the name and scope of; (b) the operator occupational qualification to be a primary publication distributor or above; (c) its business of the fixed place of business. 11th applies to establish a publication retail and rental businesses or any other entity or individual that applies to engage in the publication retail and rental business, shall be submitted to the local administrative Department of press and publication of people's Governments at the county level the application of the provisions of the second paragraph of this article, the press and publication administration shall, within 30 working days from the date of receipt of application materials to approve or not to approve the decision, and shall inform the applicant. Approval, issued the publication license and newspaper level administrative departments of press and publication. Applicants holding the publication business license to the industrial and commercial administrative departments to obtain business licenses.
    Is not granted, it shall explain the reasons.
    Application materials include the following written information: (a) the application, containing the name, address, legal representative or principal responsible, such as name, address, (ii) premises and use right certificate, (iii) the identity of the operator and the professional qualification certificate. 12th article established publications chain business enterprise or other chain business enterprise engaged in publications chain business business, should has following conditions: (a) has determine of Enterprise name and articles; (ii) meet chain business of organization and business way; (three) registered capital many Yu 3 million Yuan, engaged in national chain business of, registered capital many Yu 10 million Yuan; (four) has 10 a above of straight camp chain stores; (five) has and chain business business phase adapted of issued professionals,
    The legal representative or principal responsible should have intermediate publication distributor or above vocational qualifications, issuing personnel occupational qualification to be a primary publication distributor or above; (vi) headquarters and stores its business premises, which sample the business area of not less than 500 square meters; (VII) with the corresponding computer management conditions and a sound management system. 13th article application established publications chain business enterprise or other chain business enterprise application engaged in publications chain business business, must to headquarters location to city level news published administrative sector submitted this article third paragraph provides of application material, to city level news published administrative sector since received application material of day up 15 a days within proposed audit views, together with application material reported province, and autonomous regions, and municipalities news published administrative sector approval
    ; Application established national publications chain business enterprise or other chain business enterprise application engaged in national publications chain business business, must to headquarters location province, and autonomous regions, and municipalities news published administrative sector submitted this article third paragraph provides of application material, province, and autonomous regions, and municipalities news published administrative sector since received application material of day up 15 a days within proposed audit views, together with application material reported news published Department approval. Approval authority shall, within 60 working days from the date of receipt of application materials 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; approval of national chains making business, run by the press and publication administration issued the publication license. Applicants holding the publication business license to the industrial and commercial administrative departments to obtain business licenses.
    Is not granted, it shall explain the reasons.
    Application material including following written material: (a) applications, contains Ming units of name, and address, and statutory representative people or main head of name, and address, and capital source, and capital amounts; (ii) Organization institutions and articles; (three) registered capital credit proved; (four) open shop plans; (five) headquarters and chain stores business places list and the right proved; (six) statutory representative people or main head of identity proved; (seven) statutory representative people or main head and the issued professionals of career qualification certificate;
    (H) the documentation of the corresponding computer management conditions.
    14th direct chain stores do not need a separate article to handle the publication business license, by publication of chain business unit headquarters of the publication business license copy of the store after the local administrative Department of press and publication of people's Governments at the county level for the record, to the industrial and commercial administrative departments to obtain business licenses.
    Publications open non-chain business unit 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.
    Article 15th book, newspaper and periodical distribution business of Sino-foreign joint ventures, Chinese-foreign cooperative enterprises and foreign-funded enterprises, according to GAPP and Ministry of foreign trade and economic cooperation, the development of foreign-invested books, newspapers and magazines distribution management of enterprises for processing.
    16th applications through the Internet and other information networks engaging in the publication distributing business enterprises through information networks such as the Internet or any other entity that applies to engage in the publication distributing business, in accordance with the provisions of the present article eighth and Nineth.
    General publication enterprises, wholesale business via the Internet and other information networks engaging in the publication distributing business without approval.
    17th section set up in the provinces, autonomous regions and municipalities within developed Member of the book club, book clubs or other similar organizations, publishing entity applying for the establishment of issue publication this edition of Book Club, book club, or other similar organization, tenth, 11th in accordance with the regulations.
    Apply for the establishment of provinces, autonomous regions and municipalities developing members of the book club, book clubs, or other similar organizations, in accordance with the provisions of the present article eighth and Nineth.
    General publication enterprises, wholesale business can set up book clubs, book clubs, or other similar organizations, publications retail units can be set up in the provinces, autonomous regions and municipalities within developed Member of the book club, book clubs or other similar organizations without approval.
    18th article established publications wholesale market, should has following conditions: (a) has sufficient of for wholesale units concentrated business of fixed places, business area not less than 5000 square meters; (ii) into wholesale market of business units must is has publications wholesale right of publications issued Enterprise; (three) has sound of market management institutions and regulations; (four) has basic of Office, and warehouse, and traffic, and communications facilities, can for business units provides necessary of service;
    (V) marketing management agencies and operating units to all computer management, (vi) other conditions prescribed by rules and regulations. 19th applies to establish a publication wholesaling market shall be made to the location province, autonomous region, municipality directly under the administration of press and publication materials prescribed by the second paragraph of this article, provinces, autonomous regions and municipalities directly under the press and publication administration shall, within 30 working days from the date of receipt of application materials, according to the General Administration of press and publication decisions to approve or not to approve the prescribed limits, and inform the applicant in writing.
    Approved by the General Administration of press and publication record; is not granted, it shall explain the reasons.
    Application material including following written material: (a) applications, applications should contains Ming market of name, and address, and market hosted units of name, and address, and market main head of name, and address,; (ii) market main head of effective identity proved; (three) market of management institutions, and organization articles and management system; (four) market business places of situation and right proved; (five) market of plane design figure and perspective figure; (six) can all implemented computer unified management of proved material.
    Wholesale market beyond the press and publication Administration accepted limits, 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.
    Published 20th issue of distribution sector reform Enterprise engaging in general distribution of publications, but shall be in accordance with the provisions of this article sixth, seventh check.
    Publishing Unit establishes a publication distributing business, wholesale, retail and other publications for publishing entities, shall comply with the provisions of article eighth and Nineth or tenth, 11th section processing.
    Publishing unit set up to issue the release branch publications do not have legal personality, shall be reported to the release branch provincial press and publication administration for approval.
    21st a publication distributing entity changes its name or business scope, mergers a publication distributing entity, due to a merger or Division established a new publication distributing entity exceeded the approved departmental administrative change of address shall apply for approval in accordance with this.
    A publication distributing entity changes its registered items, original registration after going through corresponding formalities in the Administrative Department for industry and commerce, to the approval of the Administrative Department of press and publication record.
    A publication distributing entity due to closure of business, revocation, bankruptcy or due to any other reason terminates its operation, shall be to the approval of the Administrative Department of press and publication for cancellation of registration, surrender the license.
    Established by article 22nd General publication, wholesale, retail enterprise or any other entity or individual engaging in general distribution of publications, the wholesale and retail business, except as provided in this section the sixth, eighth, tenth article condition, must also meet the press and publication administration and the provinces, autonomous regions and municipalities directly under the Administrative Department of press and publication, publication distribution network planning.
    23rd press and publication administration shall promptly review the application materials for applicants found the application materials are complete shall, within 3 working days from the date of receipt of application materials explicitly inform applicants need to supplement the content.
    Third chapter publications issued activities management 24th article any organization and personal shall not issued following publications: (a) contains published Management Ordinance 26th article, and 27th article ban content of prohibited publications; (ii) various illegal publications, including: without approved unauthorized published, and printing or copy of publications, forged, and fake published units or newspaper name published of publications, illegal imports of publications, sale ISBN, and published,, and version, published 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.
    25th internal information publications in this system, the industry or the free distribution of the units, and no organization or individual may distribute.
    26th article engaged in publications issued business of units and personal, must comply with following provides: (a) shall not from non-publications published, and issued units purchase; (ii) shall not to any form participation sale ISBN, and published,, and version,; (three) shall not beyond news published administrative sector approved of business range, and business locations business; (four) shall not posted and distributed has legal, and regulations ban content of or has fraud sex text of subscription single, and advertising and posters; (five) shall not match sales publications and forced marketing publications;
    (Vi) are not allowed to change the copyright page of the publication; (g) the publication should be in the business place license clearly visible, shall not be altered, copied, shall not sell, loan, lease, transfer, in any form.
    27th publishing unit of the current edition has the right of general distribution of publications.
    Publishers commissioned the General publication distributing entity issuing publications, of the uniform power of Attorney of the publication should be used and not without the right of general distribution of publications 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.
    28th entering 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.
    29th 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 organized the activities of order or sales exhibitions of publications nationwide.
    Publishing unit, publishing unit, publishing and distribution industry associations at the provincial level may apply for hosting the inter-provincial professional or the provinces, autonomous regions and municipalities directly under the local activities of order or sales exhibitions of publications published by the publishing unit, can be authorized to undertake activities of order or sales exhibitions of publications nationwide.
    30th organizing activities of order or sales exhibitions of publications nationwide, the organizers shall be reported to the press and publication administration for approval at least 6 months, the press and publication administration shall, within 2 months as of receiving the application, make a decision, and notify the hosting entity.
    Professional activities of order or sales exhibitions of publications across the province for hosting, hosting entity must, at least 3 months in advance, report to the local administrative Department of press and publication at the provincial level for examination and approval, State press and publication administration, the press and publication administration shall, within 1 month from the date of receiving the application, make a decision, and notify the hosting entity.
    This provinces, autonomous regions, municipalities directly under the local activities of order or sales exhibitions of publications published by the Publisher, the organizer shall be at least 2 months in advance, report to the local administrative Department of press and publication at the provincial level for approval, the press and publication administration shall, from the date of receipt of the application within half a month to make a decision, and notify the hosting entity, as well as General Administration of press and publication record.
    The 31st by the provincial press and publication administration, education authorities and the competent administrative Department for bidding or other open and fair way to determine the publication distributing enterprises engaged in the distribution of the primary and secondary school textbooks, and any other entity or individual may engage in textbook distribution.
    32nd internally distributed publications shall not be publicly advertised, displayed, exhibited or sold.
    Article 33rd distributing imported publications must purchase from a lawfully established publication import entities which distributing imported newspapers and periodicals must be from the General Administration of press and publication the publication import entities designated stock.
    34th engages in publication distributing business units or individuals shall send a list of publications into retail sales on non-financial instruments, such as saving more than two years for possible examination.
    Entity or individual engaging in the publication distributing business must be publications warehouse address, size, management personnel are approved by the Administrative Department of press and publication record; storage address, area, management information is subject to change, it shall, within 15 days from the date of approval of the Administrative Department of press and publication record.
    35th non-publication, printing, copying, storage, transportation activities and release unit to engage in the publication, non-publication publication and distribution unit to engage in the publication delivery activities, subject to the approval of the press and publication administration departments at or above the county level, and in accordance with the provisions of the Administrative Department of press and publication at the provincial level to engage in the publication of the storage, transportation and delivery activities.
    The 36th article of any organization or individual may engage in the publications listed in the article 24th subscription, storage, transport, mail, post, distribute, give and other activities.
    37th engages in publication distributing business units and individuals must be in accordance with the People's Republic of China statistics law, the press and publication Department of the measures for the statistical administration of press and publication and the relevant regulations of the State statistical system 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.
    38th entity or individual engaging in the publication distributing business must comply with the press and publication departments and provinces, autonomous regions and municipalities directly under the provisions of the Administrative Department of press and publication, management entity with the relevant data to the specified database.
    39th engages in publication distributing business units and individuals shall perform audits in accordance with the provisions of the press and publication administration registration.
    Chapter fourth penalty 40th article without approval, establishes a publication distributing entity or discretionally engages in publication distributing business, in accordance with published regulations of the 55th penalty.
    41st article violates the present provisions in distributing illegal publications, 56th penalty according to the published regulations.
    The 42nd 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. 43rd article violation this provides issued illegal publications and news published administrative sector expressly ban published, and printing or copy, and issued of publications of, by news published administrative sector ordered stop violations, confiscated illegal issued of publications and illegal proceeds, illegal business amount 10,000 yuan above of, and at illegal business amount 5 times times above 10 times times following of fine; illegal business amount insufficient 10,000 yuan of, and at 10,000 yuan above 50,000 yuan following of fine; plot serious of,
    Ordered closed or revoked by the original licensing department licenses.
    44th article in violation of the provisions of article 24th, in accordance with the provisions of article 41st, 42nd, 43rd administrative penalties at the same time, to revoke the legal representative or principal responsible publication Distributor and direct responsibility of vocational qualification certificates.
    Article 45th issued without legal means of primary and secondary school textbooks, published regulations in accordance with the provisions of article 59th of punishment.
    Violation of provisions in distributing imported publications, in accordance with the provisions of articles published regulations on the administration of the 57th penalty.
    46th article has following behavior one of of, by news published administrative sector ordered stop violations, be warning, confiscated illegal proceeds and illegal issued of publications, and at 3,000 yuan above 30,000 yuan following fine: (a) issued internal information sex publications of; (ii) to no total issued right of units transfer or disguised transfer publications total issued right of; (three) from non-publications published, and issued units purchase of; (four) published units violation this provides 27th article second paragraph of;
    (E) beyond the range approved by the Administrative Department of press and publication, business operations, and (vi) trade number, serial number, version number, and (VII) sell, lend, lease or transfer of the publication license; (h) is not required to perform the audit registration procedure; (IX) unauthorized registration of changes. 47th article has following behavior one of of, by news published administrative sector ordered stop violations, be warning, confiscated illegal proceeds and illegal issued of publications, and at 2000 Yuan above 20,000 yuan following fine: (a) posted and distributed has legal, and regulations ban content of or has fraud sex text of subscription single, and advertising and posters of; (ii) match sales publications and forced marketing publications of; (three) unauthorized change publications copyright page of; (four) publications business license
    No establishments clearly visible or alter, copy, license, (e) violation of the provisions of article 28th, 34th, 38th, and (vi) public information campaigns, exhibitions, sales, provision should be made by the internal publication.
    48th article establishes a market for wholesale of publications without approval, according to the punishment establishes a publication distributing entity.
    Of order or sales exhibitions of publications events held without approval, according to discretionally engages in publication distributing business punishment.
    Violation of the provisions of article 35th of the 49th article publication storage, transportation and delivery activities, the Administrative Department of press and publication shall be ordered to desist from the illegal act, confiscate the illegal income, and concurrently impose a fine of less than 2000 Yuan and 20,000 yuan.
    50th article subscription, storage, transport, deliver, distribute, handed out by the publications listed in this article 24th, respectively, in accordance with the provisions of article 41st, 42nd and 43rd.
    The 51st article, violation of the provisions of the 37th article, in accordance with the General Administration of press and publication of the measures for the statistical administration of press and publication.
    The fifth chapter supplementary articles article 52nd this article 12th and 13th national chain operations referred to in article, refers to the provinces, autonomous regions and municipalities directly under the chain-like management.
    53rd business style in the publication 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. 54th these provisions come into force on September 1, 2003.
                                                                                        Department of press and publication on November 22, 1999 promulgated the provisional regulations on the administration of the publications market abolished at the same time, before the implementation of these provisions other provisions are inconsistent with this provision is no longer performed.

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