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外商投资图书、报纸、期刊分销企业管理办法(修正)Administration of Foreign-invested Books, Newspapers and Periodicals Distribution Enterprises Procedures (Revised)

2006-05-13 09:15   我要纠错 | 打印 | 收藏 | | |

(Promulgated on 17 March 2003 jointly by the General Administration of Press and Publishing and Ministry of Foreign Trade and Economic Cooperation and effective as of 1 May 2003.)

颁布日期:20030317  实施日期:20030501  颁布单位:新闻出版总署、 对外贸易经济合作部

  Article 1 These Procedures have been formulated in accordance with laws and regulations such as the PRC, Sino-foreign Equity Joint Venture Law, the PRC, Sino-foreign Co-operative Joint Venture Law, the PRC, Wholly Foreign-owned Enterprise Law and the Administration of Publishing Regulations in order to further foreign exchange and cooperation and strengthen the administration of foreign-invested books, newspapers and periodicals distribution enterprises.

  Article 2 These Procedures shall apply to foreign-invested books, newspapers and periodicals distribution enterprises established within the PRC.

  For the purposes of these Procedures, the term “books, newspapers and periodicals” shall refer to the books, newspapers and periodicals published by the publishing work units approved by the publishing administrative department of the State Council.

  For the purposes of these Procedures, the term “distribution business” shall refer to the wholesale and retail of books, newspapers and periodicals.

  For the purposes of these Procedures, the term “foreign-invested books, newspapers and periodicals distribution enterprises” shall refer to the Sino-foreign equity and cooperative books, newspapers and periodicals distribution joint ventures jointly invested in and established, upon approval of the relevant departments of the Chinese government according to law, by foreign enterprises, other economic organizations or individuals (Foreign Investors) and Chinese enterprises or other economic organizations (Chinese Investors) in China based on the principles of equality and mutual benefit, and the books, newspapers and periodicals distribution enterprises wholly owned and established by Foreign Investors in China.

  Equity participation in or merger with and acquisition of wholly mainland-owned books, newspapers and periodicals distribution enterprises by Foreign Investors is a form of establishment of foreign-invested books, newspapers and periodicals distribution enterprises. Where a Foreign Investor has equity participation in, or merge with and acquire a wholly mainland-owned books, newspapers and periodicals distribution enterprise, such enterprise shall handle the relevant procedures for change to foreign-invested enterprise in accordance with these Procedures.

  Article 3 The foreign-invested books, newspapers and periodicals distribution enterprises to be established shall be limited liability companies or companies limited by shares.

  Article 4 Foreign-invested books, newspapers and periodicals distribution enterprises engaged in distribution business of books, newspapers and periodicals shall abide by the laws and regulations of China.

  The legitimate business activities of, and the lawful rights and interests of all investors in, foreign-invested books, newspapers and periodicals distribution enterprises shall be protected by the laws of China.

  Article 5 When a foreign-invested books, newspapers and periodicals distribution enterprise selects its site and location, it shall comply with the requirements of urban planning.

  Article 6 The press and publication administrative department of the State Council and the foreign trade and economic cooperation administrative department of the State Council (State Council's Foreign Trade and Economic Cooperation Administrative Department) shall be responsible for the examination and approval, and supervision and administration of foreign-invested books, newspapers and periodicals distribution enterprises.

  Local press and publication administrative departments and foreign trade and economic cooperation administrative departments at or above county level shall, according to their respective division of responsibility, be responsible for the supervision and administration of foreign-invested books, newspapers and periodicals distribution enterprises within their respective administrative areas.

  Article 7 To establishment a foreign-invested books, newspapers and periodicals wholesale enterprise, the following conditions shall be satisfied:

  1. both the Chinese and foreign parties can assume civil liability independently, have the capacity to engage in the distribution business of books, newspapers and periodicals, and have no record of violation of laws or regulations in the recent three years;

  2. the legal representative or general manager has obtained the professional qualification certificate for publication distributor above the intermediate level, or the professional technical qualification certificate above the intermediate level related to the profession of publication distribution that is recognized by the General Administration of Press and Publishing;

  3. it has a fixed business site that is appropriate to the wholesale business with a commercial area of not less than 50m2. The commercial area of an independently-established business site shall not be less than 500m2;

  4. its registered capital is not less than Rmb 30 million; and

  5. the term of operation does not exceed 30 years.

  Article 8 To establish a foreign-invested books, newspapers and periodicals retail enterprise, the following conditions shall be satisfied:

  1. both the Chinese and foreign parties can assume civil liability independently, have the capacity to engage in the distribution business of books, newspapers and periodicals, and have no record of violation of laws or regulations in the recent three years;

  2. the legal representative or general manager has obtained the professional qualification certificate for publication distributor above the intermediate level, or the professional technical qualification certificate above the intermediate level related to the profession of publication distribution that is recognized by the General Administration of Press and Publishing;

  3. it has a fixed business site that is appropriate to its business;

  4. its registered capital is not less than Rmb 5 million; and

  5. the term of operation does not exceed 30 years.

  Article 9 Where the Chinese Investor invests with State-owned assets (as capital contribution or as a condition for cooperation), it shall handle the confirmation (or record filing) procedures for appraisal of State-owned assets and the appraisal results according to the relevant State provisions.

  Article 10 To establish a foreign-invested books, newspapers and periodicals distribution enterprise, an application shall be submitted to the press and publication administrative department of a province, an autonomous region or municipality directly under the central government at the place where the enterprise is located, and the following application documents shall also be submitted:

  1. an application for establishment of foreign-invested books, newspapers and periodicals distribution enterprise;

  2. the project proposal and feasibility study report signed by the legal representative or general manager of each party and jointly formulated or recognized by all parties. The project proposal shall state the following:

  (1) the names and domiciles of all investors;

  (2) the name of the foreign-invested books, newspapers and periodicals distribution enterprise to be established, the legal representative, domicile, scope of business, registered capital and total amount of investment, etc.; and

  (3) the method and amount of capital contribution of all investors.

  3. the business licences or registration certificates, and the documentary proof of the creditworthiness of all investors, and the valid documentary proof and professional or technical qualification certificates of the legal representatives; and

  4. where the Chinese Investor of a Sino-foreign equity joint venture or a Sino-foreign cooperative joint venture invests with State-owned assets, the confirmation (or record filing) documents of the appraisal report and the appraisal results of the State-owned assets shall be submitted.

  The press and publication administrative department of provinces, autonomous regions and municipalities directly under the central government shall, within 15 working days of the date of receipt of the application documents, state an examination and verification opinion, and submit the same to the press and publication administrative department of the State Council for examination and approval.

  Article 11 Where a press and publication administrative department of a province, an autonomous region and municipality directly under the central government submits an application of foreign-invested books, newspapers and periodicals distribution enterprise to the press and publication administrative department of the State Council, it shall submit the following documents:

  1. the application documents stipulated in Article 10 hereof;

  2. the examination and verification opinion of the press and publication administrative department of provinces, autonomous regions and municipalities directly under the central government; and

  3. other documents stipulated in laws and regulations.

  The press and publication administrative department of the State Council shall, within 30 working days of the date of receipt of the application and the examination and verification opinion, render a decision on whether to grant its approval, and the press and publication administrative department of provinces, autonomous regions and municipalities directly under the central government shall notify the applicant in writing. Where the application is not approved, it shall state the reasons therefor.

  Article 12 After the applicant has received the approval document of the press and publication administrative department of the State Council, it shall submit an application to the local foreign trade and economic cooperation administrative department of the province, autonomous region and municipality directly under the central government according to the relevant laws and regulations, and submit the following documents:

  1. the application documents and the approval document of the press and publication administrative department of the State Council stipulated in Article 11 hereof;

  2. the contract for and articles of association of the foreign-invested books, newspapers and periodicals distribution enterprise signed by the legal representatives of all investors or their authorized representatives;

  3. the list of members of the board of directors and the documentary proof of the foreign-invested books, newspapers and periodicals distribution enterprise to be established;

  4. the advance approval notice of the enterprise name issued by the industry and commerce administrative department; and

  5. other documents stipulated in laws and regulations.

  The foreign trade and economic cooperation administrative department of provinces, autonomous regions and municipalities directly under the central government shall, within 15 working days of the date of receipt of the application and the relevant documents, state an examination and verification opinion, and submit the same to the State Council's Foreign Trade and Economic Cooperation Administrative Department for examination and approval.

  Article 13 Where a foreign trade and economic cooperation administrative department of a province, an autonomous region and municipality directly under the central government submits an application of foreign-invested books, newspapers and periodicals distribution enterprise to the State Council's Foreign Trade and Economic Cooperation Administrative Department, it shall submit the following documents:

  1. the application documents stipulated in Article 12 hereof;

  2. the examination and verification opinion of the foreign trade and economic cooperation administrative department of provinces, autonomous regions and municipalities directly under the central government; and

  3. other documents stipulated in laws and regulations.

  The State Council's Foreign Trade and Economic Cooperation Administrative Department shall, within 30 working days of the date of receipt of all the required documents, render a written decision on whether to grant its approval. Where the application for establishment is approved, it shall issue a Foreign-invested Enterprise Approval Certificate.

  Article 14 The applicant of a foreign-invested books, newspapers and periodicals distribution enterprise shall, within 90 days after it has been approved, obtain the Publication Business Permit from the press and publication administrative department of provinces, autonomous regions and municipalities directly under the central government on the strength of the approval document and the Foreign-invested Enterprise Approval Certificate. The applicant may engage in books, newspapers and periodicals distribution business only after it has obtained a business licence from the local industry and commerce administrative department according to law on the strength of the Publication Business Permit and the Foreign-invested Enterprise Approval Certificate.

  Article 15 Where a foreign-invested books, newspapers and periodicals distribution enterprise approved to be established applies for changing the investor, registered capital, total amount of investment, scope of business or term of operation, it shall handle the relevant amendment procedures and registration procedures according to Articles 10, 11, 12, 13 and 14 hereof.

  Where there are changes to other matters of a foreign-invested books, newspapers and periodicals distribution enterprise, the enterprise shall apply to the State Council's Foreign Trade and Economic Cooperation Administrative Department for approval or record filing according to the provisions on foreign-invested enterprises. Where a foreign-invested books, newspapers and periodicals distribution enterprise changes its enterprise name, domicile, legal representative, principal responsible person or terminates business activities upon expiration of the term of operation, it shall apply to the local press and publication administrative department of provinces, autonomous regions and municipalities directly under the central government for record filing within 30 days.

  Article 16 Where the term of operation of a foreign-invested books, newspapers and periodicals distribution enterprise has expired and an extension is indeed necessary, the enterprise shall submit an application to the State Council's Foreign Trade and Economic Cooperation Administrative Department 180 days prior to the expiration of the term of operation. The State Council's Foreign Trade and Economic Cooperation Administrative Department shall, within 30 days of the date of receipt of the application, render a written decision on whether to grant its approval. Where the application is approved, it shall file a record with the local press and publication administrative department of provinces, autonomous regions and municipalities directly under the central government within 30 days.

  Article 17 These Procedures shall apply to the establishment of books, newspapers and periodicals distribution enterprises by investors from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan region in other provinces, autonomous regions and municipalities directly under the central government.

  Article 18 Where a foreign-invested books, newspapers and periodicals distribution enterprise engages in businesses such as online sale, chain operation and readers' clubs, it shall handle the examination and approval procedures in accordance with Articles 7 to 14 hereof.

  Article 19 These Procedures shall be implemented as of 1 May 2003.

  The provisions on establishment of foreign-invested books, newspapers and periodicals wholesale enterprises herein shall be implemented as of 1 December 2004.

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