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出版管理条例 REGULATIONS ON PUBLICATION ADMINISTRATION

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国务院令第210号
(Promulgated by Decree No. 210 of the State Council of the People's Republic of China on January 2, 1997)
颁布日期:19970102  实施日期:19970201  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Regulations are formulated in accordance with the Constitution with a view to strengthening the administration of activities of publication, developing the socialist publication industry with Chinese characteristics and making it prosperous, safeguarding the rights of citizens to exercise freedom of the press in accordance with law and promoting the building of socialist spiritual civilization and material civilization.

  Article 2 These Regulations shall be applicable to activities of publication within the territory of the People's Republic of China.

  The activities of publication referred to in these Regulations include the publication and printing of publications or the duplication and distribution thereof.

  The publications referred to in these Regulations mean newspapers, periodicals, books, audio-visual products and electronic publications, etc.

  Article 3 The publication industry must persevere in the orientation of serving the people and socialism, persevere in taking Marxism-Leninism, Mao Zedong Thought and the theory of building socialism with Chinese characteristics as guidance, disseminate and accumulate any science, technology, culture and knowledge instrumental to the improvement of the quality of the nation, economic development and all-round progress of the society, develop and make the best possible use of fine national culture, promote international cultural exchanges and enrich and improve people's spiritual life.

  Article 4 Whoever engaging in activities of publication should put social benefit first and realize optimal integration of social benefit and economic benefit.

  Article 5 People's governments at all levels shall protect the rights of citizens to exercise freedom of the press in accordance with law.

  While exercising rights of freedom of the press, citizens must abide by the Constitution and law, must not oppose the basic principles prescribed by the Constitution and must not harm national, societal and collective interests or the lawful freedom and rights of other citizens.

  Article 6 The department of publication administration under the State Council shall practise supervision over and administration of activities of publication throughout the country. Other departments of administration concerned under the State Council shall, in accordance with the division of responsibilities determined by the State Council, supervise and administer related activities of publication.

  The division of responsibilities and powers of the departments of administration concerned of the local people's governments at the county level and above in the supervision over and administration of the activities of publication in their respective administrative areas shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

  Article 7 National societies of the publication industry shall practise self-disciplined management in accordance with their respective constitutions under the guidance of the department of publication administration under the State Council.

  Chapter II Establishment and Management of Publication Units

  Article 8 Newspapers, periodicals, books, audio-visual products and electronic publications etc. shall be published by publication units.

  The publication units referred to in these Regulations include newspaper offices, periodical offices, book publishing houses, audio-visual publishing houses and electronic publications publishing houses etc.

  For legal persons publishing newspapers or periodicals without establishing newspaper offices or periodical offices, the newspaper editorial departments or periodical editorial departments set up by them shall be construed as the publication units.

  Article 9 The department of publication administration under the State Council shall formulate plans for the total amount, structure and distribution of publication units throughout the country, guide and coordinate the development of the publication indusry.

  Article 10 Establishment of a publication unit should have the following qualifications:

  (1) having a name and constitution for the publication unit;

  (2) having a host unit and its necessary higher competent organ in compliance with the acknowledgement of the department of publication administration under the State Council;

  (3) having defined business scope;

  (4) having a registered capital of over RMB 300,000 Yuan;

  (5) having a fixed workplace;

  (6) having an organization which meets the requirements of its business scope and professional personnel in editing and publication in compliance with the prescribed qualifications of the State.

  In addition to the qualifications listed in the afore-said paragraph, examination of and approval for the establishment of a publication unit should like wise comply with the plans for the total amount, structure and distribution of publication units.

  Article 11 For the establishment of a publication unit, the host unit shall apply to the department of publication administration of the people's government of the province, or autonomous region or municipality directly under the Central Government of the locality wherein it is located with a letter of application which shall be submitted to the department of publication administration under the State Council for examination and approval upon the examination, verification and agreement of the department of publication administration of the people's government of the province, or autonomous region or municipality directly under the Central Government.

  Article 12 The letter of application for the establishment of a publication unit shall contain the following particulars:

  (1) Name and address of the publication unit;

  (2) Names and addresses of the host unit of the publication unit and its necessary higher competent organ;

  (3) Name and address of the main person-in-charge or the legal representative of the publication unit and certificates of qualifications;

  (4) The source and amount of fund of the publication unit.

  Whoever establishing a newspaper office or periodical office, and newspaper editorial department or periodical editorial department, his or her letter of application shall likewise carry the name, duration of publication, format of page or of magazine and location of printing of the newspaper or periodical.

  The letter of application should be appended with the constitution of the publication unit and relevant certification materials of the host unit for the establishment of the publication unit and its necessary higher competent organ.

  Article 13 The department of publication administration under the State Council shall, within 180 days starting from the date of the receipt of the letter of application for the establishment of a publication unit, make a decision on the approval or non-approval of the same and the department of publication administration of the people's government of the province, or autonomous region or municipality directly under the Central Government shall inform the host unit in writing; reasons shall be given for non-approval.

  Article 14 The host unit for the establishment of a publication unit shall, within 60 days starting from the date of the receipt of the notification of the decision on the approval of the department of publication administration under the State Council, enter into registration at the department of publication administration of the people's government of the province, or autonomous region or municipality directly under the Central Government in which it is located and obtain a publication permit. Particulars relating to registration shall be worked out by the department of publication administration under the State Council.

  Upon registration, the publication unit shall, on the strength of the publication permit, obtain a business licence from the department of industry and commerce administration in accordance with law.

  Article 15 A newspaper office, periodical office, book publishing house, audio-visual publishing house or electronic publication publishing house should have the qualification of a legal person, obtain the status of a legal person upon approval and registration and undertake independent civil responsibility with its total corporate property.

  In accordance with the provisions of Paragraph 3 of Article 8 of these Regulations, newspaper editorial departments or periodical editorial departments construed as publication units do not have the qualification of a legal person and their civil responsibility shall be borne by the host units.

  Article 16 New procedures for examination and approval shall be gone through in accordance with the provisions of Articles 11 and 12 of these Regulations for changes in name, the host unit or its necessary higher competent organ and business scope, amalgamation or separation, publication of new newspapers or periodicals or changes in the name of the newspaper or periodical and duration.

  For other changes in addition to those listed in the preceding paragraph, the publication unit shall, upon the examination and approval of the host unit and its necessary higher competent organ, apply to the department of publication administration of the people's government of the province, or autonomous region or municipality directly under the Central Government in which it is located for registration of changes which shall be submitted by the latter to the department of publication administration under the State Council for the record.

  Article 17 Upon termination of activities of publication by a publication unit, its registration shall be revoked by the department of publication administration of the people's government of the province, or autonomous region or municipality directly under the Central Government in which it is located and the same shall be submitted to the department of publication administration under the State Council for the record.

  Article 18 Failure of a book publishing house, audio-visual publishing house or electronic publication publishing house to engage in activities of publication on expiration of 180 days starting from the date of registration and failure of a newspaper office or periodical office to produce the newspaper or periodical on expiration of 90 days starting from the date of registration, the registration organ shall revoke the said registration and report the same to the department of publication administration under the State Council for the record.

  For occurrence of circumstances listed in the preceding paragraph due to force majeure and other justifiable reasons, the publication unit may apply to the registration organ for extension.

  Article 19 The annual publication plans and major subject(topic) selections involving national security and societal stability of book publishing houses, audio-visual publishing houses and electronic publication publishing houses shall be reported by the departments of publication administration of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in which they are located to the department of publication administration under the State Council for the record. Specific measures shall be worked out by the department of publication administration under the State Council.

  Article 20 The competent departments of administration of local people's governments at the county level and above prescribed by the department of publication administration under the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall strengthen routine supervision and administration over the activities of publication by the publication units. The publication units should submit reports in writing on their activities of publication to the departments of publication administration in compliance wit the provisions of the department of publication administration under the State Council.

  Article 21 The publication units are not permitted to sell or transfer in other forms to any unit or individual the names of their respective units, book serial numbers, publication numbers or copyright numbers, nor are they permitted to lease the names and publication numbers of their respective units.

  Article 22 Before the circulation of its publication, a publication unit should, in compliance with the relevant provisions of the State, send sample copies free of charge to Beijing Library, China Copy Library and the department of publication administration under the State Council.

  Chapter III Publication of Publications

  Article 23 Any citizen may, in compliance with the provisions of these Regulations, express freely his or her views and wishes on affairs of the State, economic and cultural causes and social affairs in a publication, and freely publish his or her results in scientific research, literary and artistic creations and other cultural activities.

  Article 24 The publication units shall practise the editor responsibility system and ensure that the contents carried in the publications are in compliance with the provisions of these Regulations.

  Legitimate publications are protected by law. Any organization or individual must not illegally interfere, obstruct or disrupt the publication of publications.

  Article 25 No publication shall contain the following contents:

  (1) anything that goes against the basic principles determined by the Constitution;

  (2) anything that endangers the unification, sovereignty and territorial integrity of the country;

  (3) anything that endangers state security, reputation and interests;

  (4) anything that instigates national separatism, infringes on the customs and habits of minority nationalities and disrupt solidarity of nationalities;

  (5) anything that discloses state secrets;

  (6) anything that publicizes pornography and superstition or plays up violence, endangers social ethics and the fine traditions of national culture;

  (7) anything that insults or slanders others; and

  (8) any other contents prohibited by the provisions of laws and regulations.

  Article 26 Publications with juveniles as targets must not contain contents which induce juveniles to imitate acts against social ethics and illegal criminal acts and must not contain contents of terror and cruelty which impair the physical and mental health of juveniles.

  Article 27 For untruth and injustice in the contents of a publication resulting in the infringement on the lawful rights and interests of a citizen, a legal person or another organization, its publication unit should openly make corrections, remove the adverse effects and bear civil responsibility in accordance with law.

  For untruth and injustice in the contents of the works published in a newspaper or periodical resulting in the infringement on the lawful rights and interests of a citizen, a legal person or another organization, the concerned party has the right to demand a correction or an answer to the questioning, and the publication unit concerned should publish it in its coming issue of the newspaper or periodical; in case of refusal to publish the same, the concerned party may bring a suit to a people's court.

  Article 28 Publications must, in accordance with relevant provisions of the State, carry the names and addresses of the authors, publishers, printers or duplicators and distributes, book numbers, publication numbers or copyright numbers, date of publication, duration and other relevant particulars.

  The specification, size, format, binding and decoration and proof-reading of a publication must comply with the requirements of the State standards and specifications to ensure the quality of the publication.

  Article 29 No unit or individual shall publish a publication by forging or imitating the name of a publication unit or the name of a newspaper or periodical.

  Article 30 Textbooks for middle schools and primary schools shall be examined and finalized by or examined and finalized in an organized way by the department of education administration under the State Council and the publication, printing and distribution thereof shall be undertaken by the publishing, printing and distribution units designated by the department of publication administration under the State Council or the departments of publication administration of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

  Chapter IV Printing or Duplication and Distribution of Publications

  Article 31 Units engaging in the business of publication printing or duplication should, in accordance with relevant provisions of the State, apply to the departments of publication administration of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in which they are located, and upon being granted permission after examination and verification, enter into registration at the public security organ and the department of industry and commerce administration in accordance with law before they can engage in the printing or duplication of publications.

  No printing of newspapers, periodicals and books and no duplication of audio-visual products and electronic publications shall be undertaken without being granted permission and entering into registration in compliance with law.

  Article 32 Publication units entrusting printing or duplicating units in printing or duplicating publications must produce relevant certification in compliance with the provisions of the State for the printing or duplication of publications. No printing or duplicating units shall accept the trust of non-publication units or individuals for the printing of newspapers, periodicals and books or the duplication of audio-visual products and electronic publications. No printing or duplicating units shall engage in the printing and circulation of newspapers, periodicals and books, or the duplication and distribution of audio-visual products and electronic publications without authorization.

  Article 33 Printing or duplicating units may, upon approval of the departments of publication administration of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, accept printing and duplicating businesses for external publications; however, all products should be shipped out of the country and no domestic circulation shall be permitted.

  The contents of publications to be printed or duplicated for external trust shall go through the examination and verification of the departments of publication administration of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Trustors should possess authorization of the copyright owner and register at the department of copyright administration for the record.

  Article 34 The printing or duplicating unit shall, within one year starting from the date of completion of the printing or duplication of the publication, keep one sample copy of the printed or duplicated publication for reference.

  Article 35 Distribution units engaging in general distribution business of newspapers, periodicals and books shall, with the permission granted upon examination and verification by the department of publication administration under the State Council, obtain business licenses in accordance with law from the department of industry and commerce administration before they can operate the general distribution business of newspapers, periodicals and books.

  Distribution units engaging in wholesale business of newspapers, periodicals and books shall, with the permission granted upon examination and verification by the departments of administration concerned prescribed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, obtain business licenses in accordance with law from the department of industry and commerce administration before they can operate the wholesale business of newspapers, periodicals and books.

  Distribution of newspapers and periodicals by postal enterprises shall be processed in accordance with the provisions of the Postal Law.

  Article 36 Units and individuals engaging in retail business of newspapers, periodicals and books shall, with the approval of the departments of administration concerned of the people's governments at the county level prescribed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, obtain business licenses in accordance with law from the department of industry and commerce administration before they can run the retail business of publications.

  Article 37 A publication unit may distribute its own publications, but shall not distribute the publications published by other publication units.

  Article 38 Printing or duplicating units and distribution units shall not print or duplicate and distribute publications having any of the following circumstances:

  (1) those containing the contents banned under Articles 25 and 26 of these Regulations;

  (2) those which have been illegally imported;

  (3) those with forged or imitated names of publication units or with forged or imitated names of newspapers and periodicals;

  (4) those bearing no names of publication units;

  (5) middle school and primary school textbooks without examination and finalization in accordance with law; and

  (6) those which infringe on others' copyrights.

  Chapter V Safeguards and Rewards

  Article 39 The State formulates relevant policies to safeguard and promote the development and prosperity of the publication industry.

  Article 40 The State supports and encourages the publication of the following major excellent publications:

  (1) those having a major role in dwelling on and disseminating the fundamental principles determined by the Constitution;

  (2) those which are of significance in conducting education on patriotism, collectivism and socialism and in developing and making the best possible use of social ethics, professional ethics and family ethics;

  (3) those making great contributions in developing and making the best possible use of fine national culture and in timely reflecting latest achievements in science, technology and culture at home and abroad; and

  (4) those having important ideological values, scientific values or cultural and artistic values.

  Article 41 The State safeguards the publication and distribution of textbooks.

  The State supports the publication and distribution of publications in the languages of minority nationalities and publications in braille.

  The State implements preferential policies in the distribution of publications in minority nationality regions, frontier regions, economically under-developed regions and rural areas.

  Article 42 For newspapers and periodicals handed over to postal enterprises for distribution, the postal enterprises should ensure their timely, precise and correct distribution.

  Transport enterprises undertaking the shipment of publications should facilitate the transport of publications.

  Article 43 The State gives rewards to units and individuals having made important contributions in promoting the development and prosperity of the publication industry.

  Article 44 All people's governments at the county level and above and their relevant departments should take timely measures to stop the illegal acts of interference, obstruction and disruption in the publication, printing or duplication of publications.

  Chapter VI Legal Responsibility

  Article 45 Establishment of publication units without approval and authorization or running the business of publication, printing or duplication and distribution of publications without authorization shall be banned, their publications, major special tools and equipment for the illegal activities and illegal income shall be confiscated, and a fine of more than two times and less than ten times of the illegal income shall be imposed; where an offence constitutes a crime, criminal responsibility shall be investigated according to law.

  Article 46 Those engaging in business operations of publishing, printing or duplicating and distribution commit any of the following acts, the publications and illegal income shall be confiscated and a fine of more than three times and less than ten times of the illegal income shall be imposed; where the circumstances are serious, a directive for suspension of business operations and consolidation shall be issued or license revoked; where an offence constitutes a crime, criminal responsibility shall be investigated according to law:

  (1)publication of publications containing the contents banned under Articles 25 and 26 of these Regulations;

  (2)sale and lease or transfer in other forms of the name of the publication unit, book number(s), publication number(s)and copy numbers to another person while being clearly aware of the fact that he or she is involved in publishing publications containing contents banned under Articles 25 and 26 of these Regulations;

  (3)forgery and imitation of names of newspapers and periodicals in the publication of publications containing contents banned under Articles 25 and 26 of these Regulations;

  (4)printing or duplicating and distributing publications while being clearly aware of the fact that they contain contents banned under Articles 25 and 26 of these Regulations; and

  (5)printing or duplicating and distributing external publications while being clearly aware of the fact that they contain contents banned under Articles 25 and 26 of these Regulations.

  Article 47 Those who pirate print and pirate duplicate publications, the publications and illegal income shall be confiscated and a fine of more than three times and less than ten times of the illegal income shall be imposed; where the circumstances are serious, a directive for suspension of business operations and consolidation shall be issued or license revoked; where an offence constitutes a crime, criminal responsibility shall be investigated according to law.

  Article 48 For sale, lease or transfer in other forms of its name, book number(s), publication number and copy number by a publication unit, the illegal income obtained therefrom shall be confiscated, and a fine of more than two times and less than five times of the illegal income shall be imposed; where the circumstances are serious, a directive for suspension of business operations and consolidation shall be issued or license revoked.

  Article 49 Forgery and imitation of names of publication units or those of newspapers and periodicals in the publication of publications shall be banned, and the publications and illegal income therefrom confiscated, and a fine of more than three times and less than five times of the illegal income shall be imposed; those who infringe on the lawful rights and interests of other publication units shall bear civil responsibility.

  Article 50 Printing or duplicating publications by printing or duplicating units without going through lawful formalities for printing or duplication, distribution by distribution units and individuals of publications without bearing the names of publication units or of middle school and primary school textbooks without examination and finalization according to law, the publications and the illegal income obtained therefrom shall be confiscated, and a fine of less than five times of the illegal income shall be imposed; where the circumstances are serious, a directive for suspension of business operations and consolidation shall be issued or license revoked.

  Article 51 Those who, in violation of the provisions of these Regulations, print or duplicate and distribute external publications, the publications and the illegal income obtained therefrom shall be confiscated, and a fine of more than two times and less than five times of the illegal income shall be imposed; where the circumstances are serious, a directive for suspension of business operations and consolidation shall be issued or license revoked.

  Article 52 Administrative penalties for illegal acts prescribed in these Regulations shall follow the provisions of other relevant laws, administrative regulations in respect of organs handling penalties and types and range of penalties; those not prescribed by other relevant laws and administrative regulations shall be decided upon by the department of publication administration under the State Council or the relevant administrative departments of the people's governments at the county level and above determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Penalty of revocation of licenses shall be decided upon by the original license issuing departments.

  Article 53 The functionaries of the relevant departments of publication administration whose abuse of power, negligence of duties and practice of graft or embezzlement constitute a crime, shall be investigated for criminal responsibilities according to law; those whose acts do not constitute a crime shall be given administrative penalties according to law.

  Chapter VII Supplementary Provisions

  Article 54 Provisions of administrative regulations concerning the publication, duplication and distribution of audio-visual products shall be applicable.

  Specific control measures for electronic publications shall be worked out by the department of publication administration under the State Council in accordance with the principles of these Regulations.

  Article 55 Specific control measures for the export of domestic publications and the import, printing or duplication and distribution of external publications shall be worked out by the department of publication administration under the State Council in conjunction with the departments concerned under the State Council, and shall come into force upon the approval of the State Council.

  Article 56 The publication units already established in accordance with the relevant provisions of the State before the coming into force of these Regulations shall go through new formalities of examination and approval within the prescribed time period in compliance with the provisions of these Regulations.

  Article 57 These Regulations shall come into force as of February 1, 1997.

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