Publications Market Regulations

Original Language Title: 出版物市场管理规定

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General Provisions Article to regulate the publication and distribution activities supervision and management, to establish a national unified, open, competitive and orderly market system of publication, meet the people's spiritual and cultural needs, and promote socialist cultural power construction, according to the "regulations on publication administration" and other relevant laws, administrative regulations, enactment of this provision.

Article shall apply to publication distribution activities and supervision and management. The term publication refers to books, newspapers, periodicals, audio-visual products and electronic publications.

The term issue, including wholesale, retail and rental, exhibition and other activities.

Wholesale supplier refers to the sale of publications other publications operators.

Retail means the selling directly to the consumer publications.

Rental operators in the form of means to collect the rent publications available to consumers.

Exhibition refers to sponsor a certain place within the time publications operators focused exhibitions, sales, order publications.

Third countries for publications wholesale, retail and licensing system in accordance with law. In the publication of the wholesale, retail activities of the units and individuals to carry out publications with publication license wholesale and retail activities; without permission, no unit or individual shall not engage in publications wholesale and retail activities.

Any unit or individual shall entrust the non-publication of wholesale and retail sale of the unit or individual publication or publications sales agents.

Article State Administration of Press, Publication, Radio, Film and Television to oversee the management of the national publication distribution activities, responsible for development of a national publication distribution industry development plan.

Provinces, autonomous regions and municipalities publication administrative department responsible for overseeing the management of the administrative area of ​​publication distribution activities, the development of the province, autonomous regions and municipalities directly under the publications distribution industry development plan. Governments at all levels below the provincial level publication administrative department responsible for overseeing the management of the administrative area of ​​distribution of publications activities.

Develop publications distribution industry development plan is subject to scientific proof, the principles of legality fair, realistic, promote the development of principles.

The state shall protect and promote the transformation and upgrading of development and distribution industry to support physical bookstore, rural distribution network, distribution logistics system, distribution industry information construction, distribution and other networks to promote the development of new industry, and promote hair industry and other related industries integration development. For the development of the industry made an important contribution to the units and individuals, according to the relevant provisions of the State shall be rewarded.

Article Print industry social groups according to their constitution, under the guidance of the administrative department of publishing, the implementation of self-management.

Chapter II Application in publication distribution business
Article VII of units engaged in the wholesale business publications shall meet the following conditions:

(a) has completed the industry and commerce registration, with legal total

(c) equipment and fixed place of business publications and wholesale business to adapt to business premises area; qualifications;

(b) industrial and commercial registration of publications including business wholesale business not less than 50 m2;

(4) It has a sound management system and has an industry-standard information management system.

The term premises is an enterprise registered in the business administration department in charge of registration of residence.

Apply Article VIII units engaged in wholesale business publications can be published to the local administrative department of the municipal people's government to submit application materials to the municipal people's government administrative departments of the date of publication of the application materials accepted 10 working days to complete the review, after review of the provincial, autonomous regional and municipal people's government published administrative department for approval; the applicant may also be directly reported to the provinces, autonomous regions and municipalities publication administrative department for approval.

Provinces, autonomous regions and municipalities from the date of publication of the administrative department accepting the application within 20 working days from making a decision to approve or disapprove. Approved by the provinces, autonomous regions, municipalities issued by the administrative department of publishing publications, business license, and report to the State Press and Publication Administration of Radio record. Not approved, the applicant shall submit a written explanation.

Written application materials include the following: 

(a) business license is a copy of a copy;

(b) the application, specifying the unit basic information and application matters ;

(c) of the articles of association;

(iv) the amount of registered capital, the source and nature of proof;

(e) conditions and the right to use the premises to prove; || |
(vi) the legal representative and the main person responsible for proof of identity; proof material

(VII) enterprise information management system case.

IX units and individuals engaged in the retail business publications shall meet the following conditions:

(a) has completed the business registration;

(b) the business registration business range of publications containing retail business;

(c) fixed place of business.

Article X units and individuals to apply for the retail business in the publication, the publication must be reported to the county level people's government administrative department for approval.


Publishing county government administrative department shall accept the application within 20 working days from the date of making a decision to approve or disapprove. Approved and published by the administrative department of the county government issued publications, business license, and published the next higher level administrative departments for the record; which should store business area of ​​5,000 square meters, while the provincial people's government administrative Publishing department. Not approved, the applicant shall apply to the individual a written explanation.

Written application materials include the following materials:

(a) business license is a copy of a copy;

(b) the application, specifying the unit or individual basic information and application matters; the right to use

(c) the premises to prove.

Article XI distribution business units engaged in school textbooks, the textbook issue should obtain qualified primary and secondary schools approved by the State Press and Publication Administration of Radio, and to carry out school textbooks distribution activities on a regional approval. Units engaged in school textbooks distribution business, should meet the following conditions:

(a) issuance of publications for the main business of the company legal system;

(b) issue and school textbooks organization and distribution of business personnel to adapt;

(c) to ensure the quality of primary and secondary schools textbooks storage requirements, its business scale storage capacity and varieties suited, intends to apply for the issue in school textbooks business provinces, autonomous regions, municipalities, cities with independent storage spaces area of ​​5,000 square meters, and primary and secondary schools with textbooks issued to adapt its own logistics and distribution system;

(d) and primary and secondary schools textbook distribution business to adapt to the distribution network. Intends to apply engaged in school textbooks distribution business of the provinces, autonomous regions, municipalities, separately listed companies owned publication distribution network covering the city of not less than 70% of the local counties (cities, districts), and in retail as the main business publications , with the appropriate school textbooks reserves, transfers, Tim goods, retail and service capabilities;

(V) with industry-standard information management system;

(vi) a sound management system and risk control mechanism and the ability to handle emergencies;

(g) more than five years in the wholesale business publications. Not been published in the last three years, the administrative department of administrative penalties, no other serious illegal recording.

Approval of school textbooks issued qualification, in addition to the conditions set forth in the preceding paragraph shall also meet the national structure, layout and planning of macro-control on school textbooks issued units.

Units to apply Article XII of school textbooks in the publishing business, must be reported to State Press and Publication Administration of Radio approval. 20 working days from the date

State Press and Publication Administration of Radio, acceptance shall make a decision of approval or disapproval. Approval, made by the State Press and Publication Administration of Radio issued school textbooks written approval and issue qualification certificates. Not approved, the applicant shall submit a written explanation.

Written application materials include the following: 

(a) application, specifying the unit basic information and application matters;

(ii) the articles of association;

(c) the publication license and business license is a copy of a copy;

(iv) the legal representative and the main person responsible for the identification, qualification of personnel related to the issue of proof; || |
(v) corporate annual financial report of the last three years and prove the credibility of the business related materials;

(vi) business premises, to demonstrate the circumstances and the right to use the distribution network and storage sites; evidence

(VII) enterprise information management system case;

(viii) business process issue textbooks in primary and secondary schools, and related services can be provided safeguards;

( 9) the legal representative of the enterprise law signed by business school textbooks issued undertaking business;

(X) intends to apply in school textbooks distribution business of provinces, autonomous regions, municipalities, cities Municipal Government Publishing the administrative department to verify the opinions of basic information, operating conditions, storage capacity, distribution network, etc.;

(11) other documents.

Article XIII units and individuals engaged in the rental business publications shall publish administrative departments for the record within 15 days after obtaining a business license to the local county government.

Archival materials include the following written materials:

(a) business license is a copy of a copy;

(b) the premises circumstances;

(three ) legal representative or main person in charge of the case.

Relevant administrative departments should be published for the record unit within 10 days, individual filing receipt issued.


Article 14 The State allows foreign-invested enterprises engaged in publication distribution business. The establishment of foreign-invested publication distribution enterprises or enterprises with foreign investment engaged in publication distribution business, the applicant shall submit the local commerce departments to be established foreign-invested publication distribution enterprises contract and articles of association, for foreign investment approval procedures. Determine local commerce department after obtaining consent of the administrative department of publication, in accordance with the provisions of the relevant laws and regulations, to approve or not to approve. If approved, the approval certificate issued by the foreign-invested enterprises and business scope after filling "with industry business license to carry out"; not approved, notify the applicant in writing and explain the reasons.

The applicant enterprises with foreign investment approval certificate to the local industrial and commercial administrative department in charge of business license or business license business scope after filling the content, and in accordance with the provisions of Article VII and Article X to X 23 of the relevant provisions of the publication to the local administrative department of examination and approval or filing procedures.

Article XV units and individuals engaged in publication distribution business through the Internet and other information networks, publications, business license shall be obtained in accordance with the provisions of Article VII to the provisions of Article.

Has made publication license units and individuals within the approved scope of business engaged in publication distribution business through the Internet and other information networks should be carried out since the network distribution business within 15 days of the original approval and publication administration departments for the record.

Archival materials include the following written materials:

(a) publications, business license and business license is a copy of a copy; (ii) units or basic personal

;

(c) in the case of a network of publications issued by relying on information networks.

Relevant administrative departments should be published within 10 working days for the record units, individuals filing receipt issued.

Article XVI book club, book club or other similar organization to apply in the publication of the retail business, according to the provisions of the relevant provisions of Article IX, Article X of the publication to the local administrative department of examination and approval procedures.

Article XVII engaged in publication distribution business units and individuals can set up temporary retail sales publications activities undertaken within the scope of its business in the original issuing authority administrative region certain locations. The establishment of temporary retail point in time shall not exceed 10 days in advance to set up points at the county level people's government administrative departments of publishing for record and made the record receipt and shall comply with the location of other relevant regulations.

Archival materials include the following written materials:

(a) publications, business license and business license is a copy of a copy;

(b) units and individuals the basic situation; Location

(iii) the establishment of temporary retail outlets, time, sale of publications varieties; other relevant departments

(iv) approve the establishment of a temporary material retail outlets.

Article XVIII publication wholesale units can engage in retail business publications.

Publications wholesale, retail units set up does not have legal personality issue branches or set up publishing units issued edition publication does not have the legal personality of the release branch, without a separate publication license handling but it should be handled according to law after the branch business registration, and to obtain a business license within 15 days to the original issuing authority and the administrative branch locations publishing department.

Archival materials include the following written materials: publishing license and business license branch

(a) publication license or a copy is a copy of the publishing unit;

(b) basic information for;

(iii) the establishment of the unit does not have the legal personality of the release branch premises, business scope and so on.

Relevant administrative departments should be published within 10 working days for the record units, individuals filing receipt issued.

Article 19 In publication distribution business unit and individual publication license change registration items, or merger, consolidation, division shall be approved in accordance with the provisions of the original publication administration department for approval formalities. Publication administrative department decided within 20 working days from the date of acceptance of the application to approve or not to approve. Approved by the administrative department of publishing publication license renewal; not approved, the applicant shall apply to the individual a written explanation.

Written application materials include the following: 

(a) publications, business license and business license is a copy of a copy;

(b) the application, specifying units or individuals to apply basic information and change matters;

(iii) other required documents.

Engaged in publication distribution business unit and individual termination of business activities, shall hold publication license and business license approved by the original publication administrative departments of the record within 15 days, the original approval of the administrative department of publishing cancellation of publication license.

Chapter III Publication Distribution Event Management

Article 20 No unit or individual is allowed to issue the following publications:

(a) Prohibited "Regulations on Publication Administration" prohibited publication of content;


(Ii) all kinds of illegal publications, including: the unauthorized publishing, printing or copying of publications, forgery, counterfeit or newspaper publishing unit name publications issued, illegally imported publications;
| || (c) copyright infringement or exclusive right of publication;

(IV) published by the administrative department banned publishing, printing or copying, publication distribution. Publications

Article shall not release an internal publicity, display, perform, subscription, sale, or for the public to send.

Article 22 in the publication distribution business units and individuals in distribution activities should follow a fair, law-abiding, honest and trustworthy principle, enter into supply contracts according to law, without prejudice to the legitimate interests of consumers.

Engaged in publication distribution business units and individuals must comply with the following provisions:

(a) legally obtained from publications wholesale, retail and publishing units qualified purchase; issuance imported publications shall be established by law from imported publication management entities purchase;

(b) shall not exceed the administrative department of publishing business scope approved by management;

(3) not to post, distribute, have posted laws, regulations prohibited content or fraudulent text, with the facts of Zhengding Dan, advertisements and posters;

(d) are not allowed to change the publication masthead;

(V) publication license should be put up in a prominent place on the premises; information networks engaged in publication distribution business, business publications should permit and business license information posted on its web site home page, or engage in business activities website prominently or link logo;

(f) shall not be altered, alter, lease, lend, sell or in any other form of transfer publication license and approval documents;

Article 23 engaged in publication distribution business units and individuals should check supply unit publication license and keep a photocopy or electronic documents and publications issued into the sales list and other relevant non-financial instruments kept for at least two years to prepare inspection.

Name into the sales list should include into the sales of publications, quantity, discount amount and the shipper and the supplier for the official seal (signature).

Article 24 publications issued practitioners should be accepted for publication administrative departments in charge of business training. Publication distribution units should be the establishment of vocational training system, and actively organize their employees to participate in the issue of Professional skills identification vocational skills appraisal institution legally approved implementation.

Article 25 publishing unit can issue this publication publishing units. The issue of non-publishing units publication, examination and approval procedures shall be in accordance with the relevant provisions in the publication distribution business.

Article 26 to provide services for publication distribution business online trading platform should be registered in provinces, autonomous regions and municipalities publication administrative departments for the record, under the guidance and supervision of the administrative department of publishing.

Archival materials include the following written materials:

(a) business license is a copy of a copy;

(b) Basic information for;

(three ) basic information network trading platform.

Provinces, autonomous regions and municipalities publication administrative department shall, within 10 days of filing online trading platform issue a filing receipt.

Distribution of publications provide online trading platform service operators should apply to business entities engaged in publication distribution business identity be reviewed by online trading platform, business license verification of business entities, publications, business license, license and keep a copy or electronic documentation for future reference. Shall not unlicensed, license missing operators to provide online trading platform service. Internet trading platform operators

provide services for publication distribution business transaction risk control mechanism should be established and retain the platform in the publication distribution business transactions of two years subject to check. Engaged in various illegal activities in the publication distribution network trading platform, it shall take effective measures to stop, and timely publication of the report to the local administrative department.

Article 27 provinces, autonomous regions, municipalities directly under the administrative department of publishing and national publishing, distribution industry associations that can host the national inter-provincial professional publications, marketing activities and publications marketing activities. Organizers should advance two monthly State Press and Publication Administration of Radio record.

City, county and provincial administrative department of publishing Publishing, and Distributors Association to sponsor local publications marketing activities. Organizers should be published in the next higher level for 2 months in advance administrative department.

Archival materials include the following written materials:

(a) marketing activities organizer;

(ii) marketing activities of time and place;

(three ) promotional activities venue, exhibitors, exhibition publication variety, preparatory activities and so on.

Article 28 in school textbooks distribution business, must comply with the following provisions:

(a) engaged in the distribution business unit of school textbooks must have qualifications issued school textbooks; || |
(b) the scope of government procurement of school textbooks, its distribution units shall be determined in accordance with the relevant provisions of the "People's Republic of China Government procurement law";


(C) in accordance with the administrative department of education and the school selected school textbooks, to complete the task within the stipulated time issue, to ensure that "the book before class, a staff." Due to natural disasters and other force majeure textbook issue affected primary and secondary schools, should take timely remedial measures and to report to the local administration and publication administrative department of education;

(iv) subscriptions are not allowed in primary and secondary schools during the textbook issue tying teaching publications outside the book catalog with;

(e) shall not be issued school textbooks and sub-transfer tasks to others;

(f) shall not alter, sell, lease, lending school textbooks issued qualification certificates;

(seven) school textbooks issued in accordance with relevant state regulations rates, subject to the provisions receive a distribution fee;

(viii) do school textbooks swap, Tim goods, retail and after-sales service and other related work; after

(ix) the task should be completed within 30 days release State Press and publication Administration of Radio and the provincial administrative departments of publishing written reports primary textbooks issuance. Textbook distribution units sufficient

Primary and Secondary school textbooks publishing units shall be determined by law within the prescribed time delivery, not to not have school textbooks issued qualified units supply school textbooks.

Article 29 Any unit or individual shall not engage in subscription publications listed in Article 20, storage, transportation, mailing, delivery, distribution, and other activities included.

Publication in storage, transport, delivery and other activities, shall be subject to the supervision and inspection and publication administration departments.

Article 30 in the publication distribution business units and individuals shall be subject to an annual examination in accordance with the published administrative departments, and according to "People's Republic of China Statistics Law", "Press and Publication Administration of Statistics" and the relevant provisions truthfully submit statistical data can not be any excuse for refusing to report, late, false, cheat and forgery and tampering with statistical data.

Publication distribution units, individuals no longer have the statutory conditions of administrative licensing, published by the administrative department shall order rectification; overdue correction, the original issuing authority revoked the publication license.

School textbooks distribution units no longer meets the statutory requirements of qualified school textbooks issued by the publication administration department shall order rectification; overdue correction, the original issuing authority revocation school textbooks issued qualifications certificate.



Chapter IV Legal Liability Article 31 without approval in the publication distribution business, in accordance with the "Regulations on Publication Administration" Article 61 punishment.

Article 32 prohibited publication issued in accordance with Article 62 of the "Regulations on Publication Administration" punishment.

Issuing State Administration of Press, Publication, Radio, Film and Television to ban the import of publications, or from issuing not legally approved publication import business units purchase of imported publications, in accordance with Article 63 of the "Regulations on Publication Administration" punishment.

Release other illegal publications and publication administrative department banned publishing, printing or copying, distribution of publications, in accordance with Article 65 of the "Regulations on Publication Administration" punishment.

Banned publication or issuance of illegal publications, the parties to explain their origin, identified that can be verified, the confiscation of illegal gains and publications, can be reduced or exempted from other administrative penalties.

Article 33 violates the provisions of copyright infringement issue or exclusive right of publication, in accordance with the provisions of "People's Republic of China Copyright Law" and "People's Republic of China Copyright Law Implementing Regulations" punishment.

Article 34 in the textbook issue during the primary and secondary schools in violation of the provisions of the following acts in accordance with Article 65 punishment "Regulations on Publication Administration":

(a ) issued school textbooks without the approval of the law;

(b) do not have school textbooks issued qualified entities engaged in school textbooks issued activities;

(c) not in accordance with the " People's Republic of China Government procurement law "the relevant provisions of the unit determined in the scope of government procurement of textbooks for primary and secondary issue activity.

Article 35 publications distribution unit is not in accordance with the provisions of examination and approval procedures for change, in accordance with Article 67 of the "Regulations on Publication Administration" punishment.

Article 36 units and individuals in violation of the provisions of this publication license is revoked, the legal representative or responsible person from the date the license is revoked within 10 years shall not act as the legal unit representative or main person in charge.

Violation of the provisions of Article 37, the following acts by the publication administration department shall order to stop illegal activities, give a warning, impose a fine of 30,000 yuan:

( a) failed to provide nearly two years of publication release into the sales list and other relevant non-financial instruments or inventory, the bill fails to set out the provisions on the contents;

(ii) exceeds the publication administrative departments approved scope of business operations;

(c) post, distribute, publish laws, regulations prohibit the content or fraudulent text, with the facts of Zhengding Dan, advertisements and posters;
|| | (d) unauthorized alterations to the copyright page of the publication;


(V) publication license is not obvious at the premises or not the display of the page prominently publications business license and business license posted relevant information or link logo;

(six ) sell, rent, lease, transfer or unauthorized alteration, altering publications, business license;

(g) publicity, display, perform, subscriptions, sales for the public or to send provisions to be distributed internally publications;

(viii) commissioned publications without the wholesale, retail units or individuals qualified sales publications or publications sales agent business;

(ix) not legally obtained from publications wholesale, retail and publishing units qualified purchase;

(j) provide publications online trading platform service operators fails to fulfill the provisions of the present review and management responsibilities;

(xi) the present provisions shall be filed without filing;

(XII) are not required to accept the annual examination.

Article 38 primary and secondary schools in the textbook issue, in violation of the provisions of the following acts by the publication administration department shall order to stop illegal activities, give a warning, impose a fine of 30,000 yuan:

(a) have been selected without replacement of school textbooks;

(b) unauthorized subscriptions, publications, books teaching tying directory other than the use of;

( c) school textbooks issued without authorization transfer tasks to others and subcontracting;

(iv) alter, sell, lease, lend, school textbooks issued qualification certificates;

(V) is not completed within the specified time school textbooks issued tasks;

(vi) violation of state charged the cost of school textbooks issued;

(vii) Failing to do primary and secondary schools textbook swap, Tim goods, retail and after-sales service;

(h) Failing to report issuance of school textbooks;

(IX) to the publishing unit does not have school textbooks issued qualified units supply of school textbooks;

(j) publishing units do not comply with school textbooks within the time determined by law to issue corporate sufficient supply;

(XI) major mistakes in the textbooks issued during the primary and secondary schools, or the presence of other interfering school textbooks distribution activities behavior.

Article 39 subscriptions, storage, transportation, mailing, delivery, distribution, included in this publication set out the provisions of Article XX, according to the provisions of Article 32 punishment.

Article 40 The provisions of Article 30 fails to submit statistical information, in accordance with the relevant provisions of the "Measures for the Administration of Press and Publication Statistics" process.



Chapter V Supplementary Provisions Article 41 allows the Hong Kong and Macao permanent residents with Chinese citizenship in accordance with the relevant Mainland laws, regulations and administrative regulations, set up in the mainland provinces, autonomous regions and municipalities in the publication of retail business individual businesses, without being subject to foreign investment approval.

Article 42 The term school textbooks refer to the State Council administrative department of education authorized validation and certification of compulsory teaching books (including supporting teaching atlas, audiovisual materials, etc.).

Primary and secondary schools including school textbooks textbook issuance of subscription, reserves, distribution, distribution, dispensing, Tim goods, retail, billing and after-sales service.

Article 43 publications, business license and qualification certificate issued school textbooks design, printing, and other production and distribution, according to the relevant provisions of "Measures for the Administration of Press and Publication License."

Article 44 The State Press and Publication Administration of Radio, the Ministry of Commerce responsible for the interpretation.

The provisions of Article 45 since June 1, 2016 implementation, the original Press and Publication Administration, the Ministry of Commerce March 25, 2011 release of "publications market regulations" shall be repealed simultaneously. The other provisions of the preceding provisions of this provision is inconsistent with the purposes are not executed.


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