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(Promulgated by the General Administration of Press and Publishing on 16 July 2003, revised according to the >Decision> on 16 June 2004 and effective as of 1 July 2004.) (来源:英语论坛 http://bbs.englishcn.com)
颁布日期:20040616 实施日期:20040701 颁布单位:新闻出版总署
PART ONE GENERAL PROVISIONS
Article 1 These Provisions are formulated in accordance with the Administration of Publishing Regulations and the relevant laws and administrative regulations in order to standardize the distribution activities of publications and the supervision and administration thereof, to establish a nationally unified, open, competitive and orderly publications market system, and to develop a socialist publishing industry.
Article 2 These Provisions shall apply to the distribution activities of publications and the supervision and administration thereof.
For the purposes of these Provisions, the term “publications” refers to newspapers, periodicals, books and electronic publications, etc.
For the purposes of these Provisions, the term “distribution” includes activities such as general distribution, wholesale, retail and leasing, and exhibition for sale, etc.
For the purposes of these Provisions, the term “general distribution” refers to the unified exclusive sale of publications by a publications general distribution work unit.
For the purposes of these Provisions, the term “wholesale” refers to the sale of publications to other publication business operators.
For the purposes of these Provisions, the term “retail” refers to the sale of publications direct to consumers.
For the purposes of these Provisions, the term “leasing” refers to the provision of publications to readers on receipt of a rental fee.
For the purposes of these Provisions, the term “exhibition for sale” refers to the collective exhibition, sale of, or order for, publications in a fixed place or in a fixed manner for a certain period.
Article 3 The State shall implement a licensing system for distribution of publications. No work unit or individual may engage in the distribution of publications without permission.
Publications distribution work units established in accordance with the law and individuals approved to engage in the business of distribution of publications may distribute publications in accordance with the law, and no work unit or individual shall interfere with such activities unless in accordance with the provisions of law.
Article 4 The General Administration of Press and Publishing shall be responsible for the supervision and administration work of distribution activities of publications throughout the country and the formulation of a national development plan for the publications distribution industry.
The press and publishing administrative departments of provinces, autonomous regions and municipalities directly under the central government shall be responsible for the supervision and administration work of distribution activities of publications within their administrative region and shall formulate development plans for the publications distribution industry in their own province, autonomous region or municipality directly under the central government.
Press and publishing administrative departments of the people‘s governments of all levels below the provincial level shall be responsible for the supervision and administration work of distribution activities of publications within their administrative region.
Article 5 The plans for establishment of publications distribution points formulated by the General Administration of Press and Publishing and the press and publishing administrative departments of provinces, autonomous regions and municipalities directly under the central government must be scientifically proven and shall abide by the principles of lawfulness and impartiality, practicality and promotion of development.
The plans for establishment of publications distribution points formulated by the press and publishing administrative departments of provinces, autonomous regions and municipalities directly under the central government must be examined and verified, and consented to by the General Administration of Press and Publishing, reported to the people‘s government at that level for approval, and promulgated within their administrative region; otherwise, they may not be used as the basis for examination and approval of publications distribution work units.
PART TWO ESTABLISHMENT OF PUBLICATIONS DISTRIBUTION WORK UNITS
Article 6 When establishing publications general distribution enterprises or when other work units engage in the business of general distribution of publications, the following conditions shall be fulfilled:
1. having a determined enterprise name and scope of business;
2. the main line of business shall be distribution of publications;
3. having distribution personnel suitable for the business of general distribution of publications, the legal representative or main person in charge shall have the professional qualifications for publication distributor at higher level or above, or professional technical qualifications related to the profession of distribution of publications at intermediate level or above that are recognized by the General Administration of Press and Publishing;
4. having the equipment and a fixed place of business commensurate with the business of general distribution of publications, and the commercial area of the place of business shall not be less than 1,000 square metres;
5. having a registered capital of not less than Rmb 20 million; and
6. having the corresponding computer administration conditions and a sound management system.
Article 7 When applying to establish a publications general distribution enterprise or when other work units apply to engage in the business of general distribution of publications, the work unit must submit the application materials specified in Paragraph Two of this Article to the General Administration of Press and Publishing. The General Administration of Press and Publishing shall decide whether or not to approve the application within 20 working days of the date of receipt of the application materials, and shall notify the applicant in writing thereof. If the application is approved, the General Administration of Press and Publishing shall issue a Publications Business Permit, and the applicant shall obtain a business licence from the administration for industry and commerce on the strength of the Publications Business Permit in accordance with the law. If the application is rejected, the reasons therefor shall be stated.
The application materials shall include the following written materials:
1. an application form stating the name and address of the work unit, the name and domicile of the legal representative or the main person in charge, and the source and amount of capital, etc.;
2. the organizational structure and the articles of association;
3. proof of creditworthiness for the registered capital;
4. details of the business premises and proof of the right to use;
5. proof of identity of the legal representative or the main person in charge;
6. professional or technical qualification certificates of the legal representative or the main person in charge; and
7. supporting documents for the corresponding computer administration conditions.
Article 8 When establishing a publications wholesale enterprise or when other work units engage in the publications wholesale business, the following conditions shall be fulfilled:
1. having a determined enterprise name and scope of business;
2. having the distribution personnel suitable for publications wholesale business, the legal representative or main person in charge shall have the professional qualifications for publication distributor at intermediate level or above, or professional technical qualifications related to the profession of distribution of publications at intermediate level or above that are recognized by the General Administration of Press and Publishing;
3. having the equipment and a fixed place of business commensurate with the publications wholesale business. The commercial area of single shops in a wholesale market shall not be less than 50 square metres and that of independent places of business shall not be less than 500 square metres;
4. having a registered capital of not less than Rmb 2 million; and
5. having the corresponding computer administration conditions.
Article 9 When applying to establish a publications wholesale enterprise or when other work units apply to engage in the publications wholesale business, the work unit must submit the application materials specified in Paragraph Three of this Article to the press and publishing administrative department at the municipal level of the place where it is located. The press and publishing administrative department at the municipal level shall issue an examination and verification opinion within 20 working days of the date of acceptance of the application, and shall submit the same together with the application materials to the press and publishing administrative department of the province, autonomous region or municipality directly under the central government for examination and approval.
The press and publishing administrative department of the province, autonomous region or municipality directly under the central government shall decide whether or not to approve the application within 20 working days of the date of acceptance of the application, and shall notify the applicant in writing thereof. If the application is approved, the press and publishing administrative department of the province, autonomous region or municipality directly under the central government shall issue a Publications Business Permit, and shall report to the General Administration of Press and Publishing for record filing. The applicant shall obtain a business licence from the administration for industry and commerce on the strength of the Publications Business Permit in accordance with the law. If the application is rejected, the reasons therefor shall be stated.
The application materials shall include the following written materials:
1. an application form stating the name and address of the work unit, the name and domicile of the legal representative or the main person in charge, and the source and amount of capital, etc.;
2. the articles of association of the enterprise;
3. proof of creditworthiness for the registered capital;
4. details of the business premises and proof of the right to use;
5. proof of identity of the legal representative or the main person in charge;
6. professional or technical qualification certificates of the legal representative or the main person in charge; and
7. supporting documents for the corresponding computer administration conditions.
Article 10 When establishing a publications retail enterprise or when other work units or individuals engage in the business of retail of publications, the following conditions shall be fulfilled:
1. having a determined name and scope of business;
2. the business operator shall have the professional qualifications for publication distributor at elementary level or above, or professional technical qualifications related to the profession of distribution of publications at elementary level or above that are recognized by the General Administration of Press and Publishing; and
3. having a fixed place of business commensurate with its business activities.
Article 11 When applying to establish a publications retail enterprise or when other work units or individuals apply to engage in the business of retail of publications, the application materials specified in Paragraph Two of this Article shall be submitted to the local press and publishing administrative department of the people‘s government at the county level. The press and publishing administrative department shall decide whether or not to approve the application within 20 working days of the date of acceptance of the application, and shall notify the applicant in writing thereof. If the application is approved, the press and publishing administrative department shall issue a Publications Business Permit and report to the press and publishing administrative department at the level above for record filing. The applicant shall obtain a business licence from the administration for industry and commerce on the strength of the Publications Business Permit in accordance with the law. If the application is rejected, the reasons therefor shall be stated.
The application materials shall include the following written materials:
1. an application form stating the name and address of the work unit, and the name and domicile of the legal representative or the main person in charge, etc.;
2. details of the business premises and proof of the right to use; and
3. proof of identity and professional or technical qualification certificates of the business operator.
Article 12 When establishing a publications leasing enterprise or when other work units or individuals engage in the business of leasing of publications, the work unit or individual shall, within 15 days after obtaining the business licence, report to the local press and publishing administrative department of the people‘s government at the county level for record filing on the strength of materials such as a photocopy of the business licence, the business address and the particulars of the legal representative or the main person in charge.
Article 13 When establishing a publications chain enterprise or when other chain enterprises engage in publications chain business, the following conditions shall be fulfilled:
1. having a determined enterprise name and articles of association;
2. be in accord with the organizational structure and operation methods of chain businesses;
3. having a registered capital of not less than Rmb 3 million. To engage in nationwide chain business, it shall have a registered capital of not less than Rmb 10 million;
4. having 10 or more directly managed outlets of chain stores;
5. the legal representative or main person in charge shall have the professional qualifications for publication distributor at intermediate level or above, or professional technical qualifications related to the profession of distribution of publications at intermediate level or above that are recognized by the General Administration of Press and Publishing;
6. the headquarters and its outlets shall have business premises that commensurate with its business, and the commercial area of each sample store shall not be less than 500 square metres; and
7. having the corresponding computer administration systems and a sound management system.
Article 14 When applying to establish a publications chain enterprise or when other chain enterprises apply to engage in publications chain business, the enterprise must submit the application materials specified in Paragraph Three of this Article to the press and publishing administrative department at the municipal level of the place where its headquarters is located. The press and publishing administrative department at the municipal level shall issue an examination and verification opinion within 20 working days of the date of acceptance of the application and submit the same together with the application materials to the press and publishing administrative department of the province, autonomous region or municipality directly under the central government for examination and approval. When applying to establish a national publications chain enterprise or when other chain enterprises apply to engage in nationwide publications chain business, the enterprise must submit the application materials specified in Paragraph Three of this Article to the press and publishing administrative department of the province, autonomous region or municipality directly under the central government of the place where its headquarters is located. The press and publishing administrative department of the province, autonomous region or municipality directly under the central government shall issue an examination and verification opinion within 20 working days of the date of acceptance of the application and submit the same together with the application materials to the General Administration of Press and Publishing for examination and approval.
The examination and approval authority shall decide whether or not to approve the application within 20 working days of the date of acceptance of the application, and shall notify the applicant in writing thereof. If the application is approved, the press and publishing administrative department of the province, autonomous region or municipality directly under the central government shall issue a Publications Business Permit and report to the General Administration of Press and Publishing for record filing. If engagement in nationwide chain business is approved, the General Administration of Press and Publishing shall issue a Publications Business Permit. The applicant shall obtain a business licence from the administration for industry and commerce on the strength of the Publications Business Permit in accordance with the law. If the application is rejected, the reasons therefor shall be stated.
The application materials shall include the following written materials:
1. an application form stating the name and address of the enterprise, the name and domicile of the legal representative or the main person in charge, and the source and amount of capital;
2. the organizational structure and the articles of association;
3. proof of creditworthiness for the registered capital;
4. the plan for the opening of stores;
5. list of business premises of the headquarters and outlets of the chain stores, and proof of the right to use;
6. proof of identity of the legal representative or the main person in charge;
7. professional or technical qualification certificates of the legal representative or the main person in charge; and
8. supporting documents for the corresponding computer administration systems.
Article 15 Directly managed outlets of chain stores shall not require an individual Publications Business Permit, but they may obtain a business licence from the administration for industry and commerce in accordance with the law on the strength of a photocopy of the Publications Business Permit of the headquarters of the publications chain operation work unit after reporting to the press and publishing administrative department of the people‘s government at the county level of the place where the outlet is located for record filing.
When publications chain operation work units open non-directly managed outlets of chain stores, such outlets must handle the examination and approval procedures in accordance with Articles 10 and 11 hereof, except for those already holding a Publications Business Permit.
Article 16 Establishment of Sino-foreign equity joint ventures, Sino-foreign cooperative joint ventures and foreign enterprises that engage in the distribution of books, newspapers and periodicals shall be handled in accordance with the Administration of Foreign-invested Books, Newspapers and Periodicals Distribution Enterprises Procedures formulated by the General Administration of Press and Publishing and the Ministry of Foreign Trade and Economic Cooperation.
Article 17 Applications for establishment of enterprises that engage in the business of distribution of publications through information networks such as the internet, and applications of other work units for engaging in the business of distribution of publications through information networks such as the internet shall be handled in accordance with Articles 8 and 9 hereof.
Publications general distribution enterprises and publications wholesale enterprises may engage in the business of distribution of publications through information networks such as the internet without examination and approval.
Article 18 Applications for setting up book clubs, reading clubs or other similar organizations that enrol members in the local province, autonomous region or municipality directly under the central government and applications of publishers for setting up book clubs, reading clubs or other similar organizations for distribution of their own publications shall be handled in accordance with Articles 10 and 11 hereof.
Applications for setting up book clubs, reading clubs or other similar organizations that enrol members across provinces, autonomous regions or municipalities directly under the central government shall be handled in accordance with Articles 8 and 9 hereof.
Publications general distribution enterprises and publications wholesale enterprises may set up book clubs, reading clubs or other similar organizations, and publications retail enterprises may set up book clubs, reading clubs or other similar organizations that enrol members in their local province, autonomous region or municipality directly under the central government without examination and approval.
Article 19 When establishing a publications wholesale market, the following conditions shall be fulfilled:
1. having an adequate, fixed place for centralized business by wholesale work units with a commercial area of not less than 5,000 square metres;
2. the business work units entering into the wholesale market must be publications distribution enterprises with publications wholesale right;
3. having sound market administration organization and regulatory systems;
4. having basic office, storage, transportation and communications facilities that can provide the necessary services to the business work units;
5. be capable of implementing unified overall computer administration of the market administration organization and the business work units; and
6. other conditions stipulated by laws, regulations and rules.
Article 20 Distribution enterprises reorganized from the distribution departments of publishers may engage in the general distribution of their own publications, but they must handle the procedures in accordance with Articles 6 and 7 hereof.
Publications distribution enterprises established by publishers that wholesale or retail the publications of other publishers must handle the procedures in accordance with Articles 8 and 9 or Articles 10 and 11 hereof.
Publishers may set up distribution branches without legal person status to distribute their own publications. The publisher must, on the strength of the relevant materials such as a photocopy of the Publications Business Permit issued by the General Administration of Press and Publishing, the address of the branch to be established and the particulars of the personnel, report to the local press and publishing administrative department of the province, autonomous region or municipality directly under the central government of the place where the branch is located within 15 days after the branch is established. The establishment of a branch shall comply with the local plan for publications distribution.
Article 21 In case of changes to the name or scope of business of publications distribution work units, merger with other publications distribution work units, new publications distribution work units established as a result of merger or division, and change of address due to movement beyond the administrative region of the approval department, approval procedures must be handled in accordance with these Provisions.
Changes to other registered items of publications distribution work units shall be reported to the press and publishing administrative department that granted approval for record filing after handling the corresponding procedures with the administration for industry and commerce that handled the original registration.
Publications distribution work units that terminate operation due to suspension of operation, being shut down, bankruptcy or other reasons must cancel their registration with the press and publishing administrative department that granted approval and return their business licence.
Article 22 When establishing a publications general distribution enterprise, publications wholesale enterprise, publications retail enterprise, or when other work units or individuals engage in the business of general distribution, wholesale or retail of publications, the work unit or individual shall, apart from fulfilling the conditions specified in Articles 6, 8 and 10 hereof, conform to the plans for establishment of publications distribution points formulated by the General Administration of Press and Publishing and the press and publishing administrative departments of provinces, autonomous regions and municipalities directly under the central government.
Article 23 Press and publishing administrative departments shall examine the application materials of applicants in a timely manner. If they discover that the application materials are incomplete, they shall specifically notify the applicant of all the materials required to be supplemented and corrected within five working days of the date of receipt of the application materials. If they fail to notify the applicant within the time limit, the application materials shall be deemed to have been accepted as of the date of receipt thereof.
PART THREE ADMINISTRATION OF DISTRIBUTION ACTIVITIES OF PUBLICATIONS
Article 24 No organization or individual may distribute the following publications:
1. banned publications containing prohibited contents specified in Articles 26 and 27 of the Administration of Publishing Regulations;
2. various kinds of illegal publication, including: publications published, printed or duplicated without approval, publications that forge or counterfeit the name of a publisher, newspaper or periodical, illegally imported publications, publications published by selling or purchasing book numbers, serial numbers or publication numbers;
3. publications that infringe on the copyright or exclusive right of publication of another party; or
4. publications the publication and printing or duplication and distribution of which has been explicitly prohibited by a press and publishing administrative department.
Article 25 Internal informative publications shall be distributed free of charge within the relevant system, industry or work unit. They shall not be distributed by any organization or individual.
Article 26 Work units and individuals engaged in the business of distribution of publications shall abide by the following provisions:
1. they may not source stock from work units that are not publishers of publications or publications distribution work units;
2. they may not participate in the sale or purchase of book numbers, serial numbers or publication numbers in any manner;
3. they may not engage in business outside the scope and place of business approved by the press and publishing administrative department;
4. they may not post or disseminate order or subscription forms, advertisements or publicity pictures with content prohibited by laws and regulations or with duplicitous language;
5. they may not engage in tie-in sale of publications or hard selling of publications;
6. they may not alter without authorization the copyright page of publications; and
7. the Publications Business Permit shall be displayed in a prominent place in the business premises. Such Permit may not be altered or reproduced, or sold, lent, rented or transferred in any manner.
Article 27 Publications distribution work units shall establish a vocational training system and shall, according to the Labour Law, the occupation category determined by the State and the vocational skill standards for publication distributors, organize the employees of the work unit to participate in the appraisal and assessment of vocational skills implemented by appraisal and assessment institutions that are approved by the labour administrative department of the State.
Article 28 A publisher shall have general distribution rights for its own publications.
When a publisher appoints a publications general distribution work unit to distribute publications on its behalf, a unified Power of Attorney for Distribution of Publications shall be used. It may not assign, or assign in a disguised manner, the general distribution rights for publications to a work unit without general distribution rights for publications. It may not appoint a work unit without publications wholesale right to wholesale publications or to act as publications wholesale agent. It may not appoint a work unit that is not a publications distribution work unit to distribute publications on its behalf.
Article 29 A business work unit that enters into a publications wholesale market must submit samples of its publications to the wholesale market administration organization for examination and inspection before the sale of publications. The samples of publications submitted for examination and inspection must be the same as the publications being sold.
Article 30 The press and publishing administrative departments of provinces, autonomous regions and municipalities directly under the central government, and national publishing and distribution industry associations, may apply to sponsor national publications ordering events and publications fairs.
Publishing and distribution industry associations at the provincial level or above may apply to sponsor publications ordering events and publications fairs for regional publications. National publishing and distribution industry associations may apply to sponsor trans-provincial professional publications ordering events and publications fairs. Their subordinate professional committees may accept entrustment to undertake such events and fairs.
Article 31 To hold a national publications ordering event or publications fair, the sponsoring work unit must apply to the General Administration of Press and Publishing for examination and approval at least six months in advance. The General Administration of Press and Publishing shall render a decision within two months of the date of receipt of the application, and shall notify the sponsoring work unit.
To hold a regional or professional publications ordering event or publications fair, the sponsoring work unit must, on the strength of the relevant materials such as the event proposal, list of participating units, floor plan of the venue and list of members of the organization committee, report to the local press and publishing administrative department of the province, autonomous region or municipality directly under the central government for record filing one month before the event.
Article 32 Publications distribution enterprises recognized by press and publishing administrative departments, education administrative departments and departments in charge of pricing at the provincial level and above by way of invitation of bids or other public and impartial methods may engage in the distribution of primary and secondary school textbooks. No other work units or individuals may engage in the business of distribution of primary and secondary school textbooks.
Article 33 Publications distributed internally shall not be publicly promoted, displayed, shown or sold.
Article 34 Publications imported for distribution must be imported by a publications import business work unit that has been established in accordance with the law. Newspapers and periodicals imported for distribution must be imported by publications import business work units designated by the General Administration of Press and Publishing.
Article 35 Work units or individuals engaged in the business of distribution of publications must retain the relevant non-financial bills such as inventories of publications imported for distribution for two years or more for examination and inspection.
Work units or individuals engaged in the business of distribution of publications must report the address and area of the storage facilities for the publications and the details of the administrators to the press and publishing administrative department that granted approval. If there are any changes to the address and area of the storage facilities for the publications or the details of the administrators, they must be reported to the press and publishing administrative department that granted approval for record filing within 15 days of the date of change.
Article 36 Engagement in the storage, transportation and delivery of publications shall be subject to the supervision ad inspection of the press and publishing administrative departments.
Article 37 No organization or individual may engage in the solicitation of orders, storage, transportation, mailing, delivery or distribution of, or include for free, publications listed in Article 24 hereof.
Article 38 Work units and individuals engaged in the business of distribution of publications must truthfully submit statistical data in accordance with the PRC, Statistics Law, the General Administration of Press and Publishing, Administration of Press and Publishing Statistics Procedures and the relevant statistical systems stipulated by the State. They may not use any excuse to refuse to report, delay the report of, make a false or incomplete report of, or falsify or distort, the statistical data.
Article 39 Work units and individuals engaged in the business of distribution of publications must provide the relevant data to designated databank administration work units according to the regulations of the General Administration of Press and Publishing and the press and publishing administrative departments of provinces, autonomous regions and municipalities directly under the central government.
Article 40 Work units and individuals engaged in the business of distribution of publications shall carry out examination, verification and registration procedures in accordance with the regulations of the General Administration of Press and Publishing.
PART FOUR PENAL PROVISIONS
Article 41 Establishment of publications distribution work units or engagement in the business of distribution of publications without approval shall be punished in accordance with Article 55 of the Administration of Publishing Regulations.
Article 42 Distribution of banned publications in violation of these Provisions shall be punished in accordance with Article 56 of the Administration of Publishing Regulations.
Article 43 Distribution of publications that infringe on the copyright or exclusive right of publication of others in violation of these Provisions shall be punished in accordance with the provisions of the PRC, Copyright Law and the PRC, Copyright Law Implementing Regulations.
Article 44 In cases of distribution of illegal publications or publications the publication and printing or duplication and distribution of which has been prohibited by a press and publishing administrative department in violation of these Provisions, the press and publishing administrative department shall order cessation of the illegal act. The illegally distributed publications and the illegal income shall be confiscated. If the illegal business amount is Rmb 10,000 or more, a fine of not less than five times and not more than ten times the illegal business amount shall be imposed. If the illegal business amount is less than Rmb 10,000, a fine of not less than one time and not more than five times the illegal business amount shall be imposed. If the case is serious, it shall order suspension of business for rectification or the original permit issuing department shall revoke the permit.
Article 45 In cases of violation of Article 24 hereof, at the same time of the imposition of the administrative penalties according to Articles 42, 43 and 44 hereof, the licence issuing work unit shall cancel the professional qualification certificates for publications distributor of the legal representative or the main person in charge and the directly responsible persons.
Article 46 Distribution of primary and secondary school textbooks without statutory recognition shall be punished in accordance with Article 59 of the Administration of Publishing Regulations.
Distribution of imported publications in violation of these Provisions shall be punished in accordance with Article 57 of the Administration of Publishing Regulations.
Article 47 In case of any of the following acts, the press and publishing administrative department shall order cessation of the illegal act and shall issue a warning. The illegal income and illegally distributed publications shall be confiscated, and a fine of not less than Rmb 3,000 and not more than Rmb 30,000 shall be imposed:
1. the distribution of internal informative publications;
2. the assignment, or assignment in a disguised manner, of the general distribution rights for publications to a work unit without general distribution rights for publications;
3. the sourcing of stock from a work unit that is not a publisher of publications or publications distribution work unit;
4. violation of Paragraph Two of Article 28 hereof by a publisher;
5. conducting business outside the scope or place of business approved by the press and publishing administrative department;
6. participating in the sale or purchase of book numbers, serial numbers or publication numbers;
7. sale, lending, leasing or assignment of a Publications Business Permit;
8. failure to follow the examination, verification and registration procedures in accordance with provisions;
9. unauthorized change of registered items;
10. failure to file a record according to these Provisions for establishment of publications leasing work unit or engagement in the business of leasing of publications by other work units or individuals; or
11. failure to file a record according to these Provisions for the sponsor of a regional or trans-provincial professional publication ordering event or publications fair by a sponsoring work unit that fulfils the requirements of these Provisions.
Article 48 In case of any of the following acts, the press and publishing administrative department shall order cessation of the illegal act and shall issue a warning. The illegal income and illegally distributed publications shall be confiscated, and a fine of not less than Rmb 2,000 and not more than Rmb 20,000 shall be imposed:
1. posting or dissemination of order or subscription forms, advertisements, or publicity pictures containing content prohibited by laws and regulations or containing duplicitous language;
2. tie-in sale of publications or hard selling of publications;
3. unauthorized change to the copyright page of publications;
4. failure to display the Publications Business Permit in a prominent place in the business premises, or unauthorized alteration or reproduction of the permit;
5. violations of Articles 29, 35 and 39 hereof; or
6. public promotion, display or sale of publications that should be distributed internally according to provisions.
Article 49 In case of establishment of a publications wholesale market without approval, the publications distribution work unit that establishes the market without authorization shall be punished.
In case of sponsor of a national publications ordering event or publications fair without approval, or a sponsoring work unit that does not fulfil the requirements of these Provisions sponsors regional or trans-provincial professional publications ordering event or publications fair without authorization, penalty for engaging in the business of distribution of publications without authorization shall be imposed.
Article 50 Engagement in the solicitation of orders, storage, transportation, delivery, distribution of, and including for free, publications listed in Article 24 hereof shall be handled in accordance with Article 42, 43 or 44 hereof respectively.
Article 51 Violations of Article 38 hereof shall be handled in accordance with the General Administration of Press and Publishing, Administration of Press and Publishing Statistics Procedures.
PART FIVE SUPPLEMENTARY PROVISIONS
Article 52 Apart from the publications wholesale markets approved by the press and publishing administrative departments of provinces, autonomous regions and municipalities directly under the central government according to law based on the quota of the General Administration of Press and Publishing, all provinces, autonomous regions and municipalities directly under the central government shall no longer approve the establishment or establishment in a disguised form of publications wholesale markets, nor expand the current scale of wholesale markets. The wholesale work units within the approved wholesale markets must fulfil the conditions for wholesale work units to independently establish business premises specified in these Provisions within five years.
Article 53 For the purposes of Articles 13 and 14 hereof, the term “nationwide chain business” refers to chain business across provinces, autonomous regions or municipalities directly under the central government.
Article 54 The format of Publications Business Permit shall be stipulated by the General Administration of Press and Publishing and shall be printed uniformly by the General Administration of Press and Publishing or the press and publishing administrative departments of provinces, autonomous regions and municipalities directly under the central government.
Article 55 These Provisions shall be effective as of 1 September 2003. The Administration of the Publications Market Tentative Provisions promulgated and implemented on 22 November 1999 by the General Administration of Press and Publishing shall be simultaneously repealed. Other provisions implemented prior to these Provisions that are not in accord with these Provisions shall no longer apply. |