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国务院批转国家出版局关于发布加强对外合作出版管理的暂行规定的报告的通知 INTERIM PROVISIONS FOR STRENGTHENING THE ADMINISTRATION OF PUBLICATION IN CO-OPERATION WITH FOREIGN COUNTRIES

2006-05-18 16:12   我要纠错 | 打印 | 收藏 | | |

(Approved and promulgated by the State Council on Oct. 12, 1981)
颁布日期:19811012  实施日期:19811012  颁布单位:国务院

  These Provisions are formulated for the purpose of strengthening the leadership over, and administration of, the work of publication in co-operation with foreign countries.

  1. Publication in co-operation with foreign countries shall conform to China's foreign policy and principle and facilitate the strengthening of China's publicity in and cultural exchanges with, foreign countries, shall do no harm to China's sovereignty and national interests and shall be strictly governed by the State provisions concerning the maintenance of secrets.

  2. In co-operation with foreign countries in publication, it is imperative to study the situation of the international book market, safeguard the rights and interests of China's authors and publishers and, on the basis of equality and mutual benefits, achieve reasonable economic returns.

  3. A publishing house shall determine its projects of co-operation with foreign countries in the light of its own conditions and characteristics and in conformity with its own publishing principle and scope of publication.

  4. Projects of publication in co-operation with foreign countries shall be determined through full consultation between the two parties thereto. The editing principle, the contents of the manuscript and the finalized version thereof with respect to a book or journal to be jointly published shall all be subject to the consent of the Chinese party. Without the consent of the Chinese party, no part of the contents of a manuscript that has been examined and finalized by the Chinese party may be supplemented, deleted or otherwise altered by the other party. Pictures selected for use in picture-albums or other books or journals to be jointly published for the purpose of giving information about China shall in general be provided by the Chinese party and it is unadvisable to have them taken by the other party or jointly taken by both parties.

  5. Manuscripts edited by a foreign country to be jointly published for use by Chinese readers shall be those of which China is in urgent need and shall, when necessary, be duly supplemented, deleted or re-edited in accordance with the actual situation in China. Financially, every possible means shall be tried to avoid making payment in foreign exchange for the economic returns that the other party shall be entitled to.

  6. Publication in co-operation with foreign countries shall only be undertaken by the publishing houses that have been officially authorized by the State. No non-publishing units or individuals may undertake publication in co-operation with foreign countries.

  Without the permission of the original publishing houses, no publishing houses may co- operate with foreign parties in publishing books or journals published by other publishing houses. A publishing house that intends to co-operate with a foreign party in publishing a manuscript shall solicit in advance the permission of the author or the original editing unit.

  7. A publishing house may negotiate co-operative publication business directly with a foreign party or may entrust a specialized company that has been authorized by the State to handle co-operative publication business with foreign countries or entrust a reliable foreign agency with the negotiation.

  8. Foreign units that are to co-operate with China in publication business shall be those which are friendly to China and have reliable credit and financial resources. It is imperative not to sign contracts with foreign businessmen whose standing is not clear.

  9. In order to specify the rights and obligations of both parties, a contract prescribing a time limit shall be signed. As to the ownership of the copyright, the transfer by one party to the other the right of publication and distribution and other rights or the permission by one party to the other of the use of these rights, as well as the amount of remuneration, the mode and time of payment thereof shall be stipulated item by item in the contract. With respect to manuscripts and pictures that are provided by the Chinese party, without the consent of the Chinese party, the other party may not transfer the copyright, or extend the use thereof, or extend the areas where they shall be distributed.

  10. In determining projects of co-operative publication with foreign countries, the following formalities of examination and approval shall, depending on the different circumstances, be carried out respectively:

  With respect to publications that have been published domestically, publishing houses at the central level may make their own decisions and report the projects to the higher competent authority for the record, whereas publishing houses in the localities shall submit their project proposals to the publication bureaus of the provinces, municipalities directly under the Central Government or autonomous regions for examination and approval.

  With respect to publications that have not come off the press domestically, publishing houses at the central level shall submit their project proposals to the higher competent authority for examination and approval, and publishing houses in the localities shall submit their project proposals to the people's governments of the provinces, municipalities directly under the Central Government or autonomous regions for examination and approval. With respect to a project of co-operative publication of full-length book series whose contents have a nation-wide bearing, consent of the State Bureau of Publication shall have to be solicited in advance.

  With respect to manuscripts whose contents involve the major principles of the Party and the State and China's foreign policy and to works by, or biographies of, the leaders of the Party and the State, the project proposals shall, after being counter-signed by the State Bureau of Publication, be submitted to the State Council for examination and approval.

  The taking of photographs of important cultural relics and other rare, precious objects and the use of such photographs, and the publication of maps that involve boundary lines of China shall be handled in strict accordance with the pertinent provisions of the State.

  With respect to a publication project of co-operation with a foreign party, the report submitted requesting the examination and approval of the project proposal, copies of the contract (or agreement) both in Chinese and in the foreign language concerned and the sample version of the item to be published shall be submitted to the State Bureau of Publication for the record.

  11. With respect to trips abroad and back to China by professional personnel needed in effecting publication in co-operation with foreign countries, the competent departments shall simplify the examining and approving formalities and provide convenience so as to facilitate the smooth implementation of the contract.

  12. For books and journals published cooperatively, remuneration shall be paid to the authors on the merits of each case and in accordance with the existing domestic system of remuneration.

  For manuscripts that are published for the first time, the remuneration may be slightly higher than the domestic rates.

  If a manuscript that has been published domestically is used, appropriate fees may as well be paid, which shall in general not exceed 60 percent of the original remuneration. If works of foreign authors are used, the remuneration may be slightly higher than that which would be paid to domestic authors.

  The aforesaid remunerations shall be paid in Renminbi. The few really special cases that require payment in foreign exchange, the payment shall, upon approval by the higher competent departments, be made out of the foreign exchange that the units concerned have obtained.

  13. In the work of publication in co-operation with foreign countries, it is imperative for various publishing houses to display the socialist style of co-operation among themselves, keep each other well informed, and work in co-ordination when dealing with foreign countries. Differences and contradictions, should they arise, shall be settled through consultations among themselves or mediation by higher authorities.

  14. In dealings with foreign countries, it is imperative to strictly abide by the disciplines related to foreign affairs and uphold our national dignity and state prestige.

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