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印刷业管理条例 REGULATIONS ON THE ADMINISTRATION OF THE PRINTING INDUSTRY

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国务院令第212号
(Promulgated by Decree No. 212 of the State Council of the People's Republic of China on March 8, 1997)
颁布日期:19970308  实施日期:19970501  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Regulations are formulated with a view to strengthening the administration of the printing industry, safeguarding the legitimate rights and interests of the operators of the printing industry and the public interest of society and promoting socialist material civilization and spiritual civilization.

  Article 2 These Regulations apply to the printing operations of publications, printed matters for packaging and decoration and other printed matters.

  The publications referred to in these Regulations include newspapers, periodicals, books, maps, new year paintings, pictures, calendars, pictorial albums as well as the decorative covers of audio-visual products and electronic publications.

  The printed matters for packaging and decoration referred to in these Regulations include trademark signs, colour packaging boxes(bags), paper packages, printed iron cans and advertising publicity materials with introduction of products as their contents, etc.

  The other printed matters referred to in these Regulations include documents, materials, diagrams and tables, vouchers and name cards, etc.

  The printing operations referred to in these Regulations mean type setting, plate making, printing, binding and mounting, duplicating, photocopying and typing, etc.

  Article 3 Operators of the printing industry must comply with the relevant laws, regulations and other rules of the State concerning the administration of the printing industry, improve quality and continuously satisfy the requirements of society.

  Printing of publications, printed matters for packaging and decoration and other printed matters containing reactionary, obscene and superstitious contents and such other contents the printing of which are categorically prohibited by the orders of the State is banned.

  Article 4 The department of information and publication administration under the State Council shall be responsible for the supervision and control of the printing industry pursuant to the provisions of these Regulations; among which the supervision and control of the printing operations of printed matters for packaging and decoration shall be the responsibility of the organs authorized by the State Council. The department of public security and the department of industry and commerce administration under the State Council shall be responsible for the supervision and control of the printing industry within their respective domain of responsibilities.

  The departments of administration responsible for information and publications and printed matters for packaging and decoration of local people's governments at or above the county level and their responsibilities shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

  Article 5 Social institutions of the printing industry shall exercise self-disciplined management in accordance with their constitutions and under the guidance of competent departments.

  Chapter II Establishment of Printing Enterprises

  Article 6 The State practises licensing system of printing operations. Any unit and individual shall not engage in printing operations without approval.

  Article 7 The establishment of a printing enterprise requires the following qualifications:

  (1) name of the enterprise and its constitution;

  (2) defined business scope;

  (3) site of production operations and such conditions for production operations as the necessary equipment;

  (4) organization and personnel which meet the requirements of its business scope; and

  (5) other conditions prescribed by relevant laws and regulations.

  Examination and approval of the establishment of a printing enterprise shall, in addition to the provisions of the preceding paragraph, comply with the State plan concerning the aggregate, structure and distribution of printing enterprises.

  Article 8 For the establishment of a printing enterprise for publications, an application shall be submitted to the department of information and 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 to be located and a license for printing publications obtained upon examination and approval, and an application submitted to the department of public security in accordance with the relevant provisions of the State on presentation of the license for printing publications and upon verification, approval and obtaining the license for special trade, an application submitted to the department of industry and commerce administration for registration on presentation of the license for printing publications and the license for special trade and publications can be printed only upon obtaining the business license.

  Article 9 For the establishment of a printing enterprise for printed matters for packaging and decoration, an application shall be submitted to the department of administration of printed matters for packaging and decoration designated by the people's government of the province, or autonomous region, or municipality directly under the Central Government of the locality wherein it is to be located and a license for printing printed matters for packaging and decoration obtained upon examination and approval, and an application submitted to the department of public security in accordance with the relevant provisions of the State on presentation of the license for printing printed matters for packaging and decoration and the license for special trade obtained upon examination and approval, and an application submitted to the department of industry and commerce administration on presentation of the license for printing printed matters for packaging and decoration and the license for special trade for registration and printed matters for packaging and decoration can be printed only upon obtaining the business license.

  Article 10 For the printing enterprise already established for printed matters for packaging and decoration to apply for concurrent printing operations of publications, an application shall be submitted to the department of information and publication administration of the province, or autonomous region, or municipality directly under the Central Government of the locality wherein it is located and the license for printing publications obtained upon examination and approval, and an application submitted to the department of public security and the department of industry and commerce administration in accordance with the relevant provisions of the State for change in registration and printing of publications can only be undertaken upon verification and approval.

  Article 11 For the printing enterprise already established for publications to apply for concurrent printing operations of printed matters for packaging and decoration, an application shall be submitted to the department of administration of printed matters for packaging and decoration designated by the people's government of the province, or autonomous region, or municipality directly under the Central Government of the locality wherein it is located, and the license for printing printed matters for packaging and decoration obtained upon examination and approval, an application submitted to the department of public security and the department of industry and commerce administration in accordance with the relevant provisions of the State for change in registration and printing of printed matters for packaging and decoration can only be undertaken upon verification and approval.

  Article 12 Any enterprise or individual applying for printing operations of other printed matters shall submit an application to the department of information and publication administration of the local people's government at or above the county level of the locality wherein it or he or she is located and obtain the license for printing other printed matters upon examination and approval, and submit an application to the department of public security in accordance with the relevant provisions of the State on presentation of the license for printing other printed matters and obtain the license for special trade upon examination and approval, and submit an application to the department of industry and commerce administration on presentation of the license for printing other printed matters and the license for special trade for registration and operations can only be started on obtaining the business license.

  Printing enterprises having obtained the license for printing publications or the license for printing printed matters for packaging and decoration can engage in printing operations of other printed matters prescribed by these Regulations.

  Article 13 Establishment of Chinese-foreign equity joint ventures and Chinese-foreign contractual joint ventures for the printing of publications or other printed matters should complete other formalities according to law upon the consent of the department of information and publication administration of the people's government of the province, or autonomous region or municipality directly under the Central Government of the locality wherein the said enterprise is to be located and upon examination and approval by the department of information and publication administration under the State Council after the application is submitted.

  Article 14 Establishment of Chinese-foreign equity joint ventures and Chinese-foreign contractual joint ventures for the printing of printed matters for packaging and decoration should go through other formalities according to law upon the consent of the department of administration of printed matters for packaging and decoration designated by the people's government of the province, or autonomous region or municipality directly under the Central Government of the locality wherein the said enterprise is to be located and upon examination and approval by the organ authorized by the State Council after the application is submitted.

  Article 15 Establishment of all categories of printing enterprises with sole foreign capital and business operations shall be prohibited.

  Article 16 Change in major particulars in registration, suspension of operations, change of trade, amalgamation, separation or shifting by an operator of the printing industry shall go through examination and approval by the original department of examination and approval, and go through change in registration or revocation of registration in the department of public security and the department of industry and commerce administration where the registration was originally processed.

  Article 17 Establishment of an internal printing press by a unit shall, upon completing the formalities of registration in the department of information and publication administration and the department of security of the local people's government at or above the county level of the locality where in it is located, submit the same to the department of public security for the record in accordance with the relevant provisions of the State and it shall not engage in printing business operations; those engaging in printing business operations should go through formalities pursuant to the provisions of this Chapter.

  Article 18 The provisions of this Chapter apply to such single item of printing business operations as type setting, plate making, binding and mounting, duplicating, photocopying and typing.

  Chapter III Printing of Publications

  Article 19 The State encourages the printing enterprises of publications in the timely printing of publications embodying the latest achievements in cultures of excellence at home and abroad, in attaching importance to the printing of best quality valuable academic works of traditional culture, in the improvement of printing quality and correct use of the language of the motherland.

  Article 20 The printing enterprises of publications shall not print publications the publication of which are categorically prohibited by the State and print publications published by non-publishing units.

  Article 21 Printing contract system shall be practised in the printing of publications. A printing contract should be signed between the unit entrusting the printing and the printing enterprise taking the order in accordance with the relevant provisions of the State in printing each and every type of publication.

  Article 22 In taking an order from a publishing unit entrusting the printing of books and periodicals, the printing enterprise must examine, verify and keep the letter of authority for the printing of books and periodicals with the stamp of the publishing unit affixed thereon; in taking an order from a publishing unit entrusting the printing of a newspaper, the printing enterprise must examine and verify the certificate of registration for newspapers; in taking an order from a publishing unit entrusting the printing of supplements to newspapers and periodicals, the printing enterprise must, in addition to the examination and verification of the certificate of registration, examine and verify the approval document or permit for printing of the department of information and publication administration.

  Article 23 In taking an order for the printing of publications with internal materials, the printing enterprise must examine and verify the permit for printing issued by the department of information and publication administration of the people's government of the province, or autonomous region or municipality directly under the Central Government.

  Article 24 In trans-provincial, trans-autonomous regional and trans-municipal printing of publications, the printing enterprise must, in addition to the examination and verification of the approval document issued by the department of information and publication administration of the people's government of the province, or autonomous region, or municipality directly under the Central Government of the locality where the unit entrusting the printing is located, examine and verify the permit for printing issued by the department of information and publication administration of the people's government of the province, or autonomous region or municipality directly under the Central Government of the locality where the said printing enterprise is located.

  Article 25 In taking an order for the printing of external publications, the printing enterprise must, on presentation of legal certificate of copyright, be subjected to the approval of the department of information and publication administration of the people's government of the province, or autonomous region or municipality directly under the Central Government; the publications printed must be shipped out of the country in entirety and must not be sold inside the country.

  Article 26 The unit entrusting the printing must, in accordance with the relevant provisions of the State, carry the name and address of the publishing unit, book number, periodical number or edition number, date of publication or duration of the periodical, real name and address of the printing enterprise taking the order, as well as other relevant particulars on the publication the printing of which has been entrusted.

  Article 27 The printing enterprise taking the order must not sell, print additional number of copies without authorization or accept the entrustment of a third person in printing additional number of copies of the publication the printing of which has been entrusted and must not engage in pirate printing of the publication.

  Article 28 The printing enterprise taking the order must not let, lend, sell or transfer in any other form the paper mold and printing films of the publication the printing of which has been entrusted to other units or individuals.

  Article 29 The printing enterprises must not engage in compilation, printing, collection of subscriptions and distribution of publications, and must not print and sell publications in forging or pirating other people's names.

  Chapter IV Printing of Printed Matters for Packaging and Decoration

  Article 30 The printing enterprises of packaging and decoration must not print counterfeit or forged trademark signs and printed matters of commodity packaging and decoration of others, and must not print such publicity materials as false advertisements and directions which might be misleading to the consumer.

  Article 31 In taking orders for the printing of advertisements and publicity materials with introduction of products as their contents, the printing enterprises must, in accordance with the relevant provisions of the State, examine and verify the permit for printing issued by the department of administration of printed matters for packaging and decoration, and examine and verify the business license and the certification of qualification for advertising operations of the unit entrusting the printing.

  Article 32 Printing of trademark signs shall be carried out pursuant to the relevant provisions of trademark printing management of the State.

  Article 33 The printing enterprise taking the orders for the printing of printed matters for packaging and decoration should deliver in entirety the finished products, semi-finished products, waste products it has printed and the plates, paper molds, films and original scripts to units entrusting the printing and must not keep the same on their own.

  Article 34 Any unit taking orders for the printing of printed matters for packaging and decoration from outside the country must be subjected to the examination and verification of the department of administration of printed matters for packaging and decoration designated by the people's government of the province, autonomous region and municipality directly under the Central Government of the locality wherein it is located; the printed matters for packaging and decoration printed must be shipped out of the country in entirety and must not be distributed inside the country.

  Chapter V Printing of Other Printed Matters

  Article 35 Printing of classified documents, materials, diagrams and tables shall be handled in accordance with the provisions of the State concerning the control of the duplication of carriers of State secrets.

  Article 36 For the printing of notices, announcements, work identity cards for major events, passes, vouchers and coupons in circulation for use in society, the unit entrusting the printing of the same must produce the certificate of the competent department and go through the formalities for the permit for printing at the department of public security of the locality wherein the printing enterprise taking the orders is located in accordance with the relevant provisions of the State, and the same shall be printed in the designated printing enterprises.

  For the printing of such special-purpose printed articles as vouchers and coupons with value or vouchers and coupons without value, letters of introduction, work identity cards, membership identity cards, exit and entry identity cards with titles of the units thereon of organs, societies, armed forces, schools, enterprises and institutions for internal use, the units entrusting the printing of the same must produce certificates for the entrustment of printing.

  The enterprises taking the orders for printing must not keep samples and sample sheets of the printed articles referred to in the preceding two paragraphs; for samples and sample sheets required to be kept for business references, consent should be obtained from the unit entrusting the printing of the same, stamps of “sample copy” and “sample sheet” should be affixed on the printed articles to be kept which should be in safe keeping and must not be lost.

  Article 37 Printing of religious articles shall be handled in accordance with the provisions of the State concerning the administration of religious printed matters.

  Chapter VI Penalty Provisions

  Article 38 Establishment of a printing enterprise engaging in printing operations without authorization in violation of the provisions of these Regulations shall be banned by the department of public security and the department of industry and commerce administration, its illegal income, major special-purpose tools and equipment for illegal activities confiscated and a fine of more than two times and less than ten times of the illegal income imposed; for that which has no illegal income, a fine of less than RMB 20,000 Yuan shall be imposed.

  Article 39 A printing enterprise engaging in printing of publications without obtaining the permit for printing publications and without authorization in violation of the provisions of these Regulations shall be directed to suspend production and operations by the department of information and publication administration of the local people's government at or above the county level designated by the people's government of the province, autonomous region and municipality directly under the Central Government, its printed publications and illegal income confiscated and a fine of more than two times and less than ten times of the general fixed price of the printed publications imposed.

  Article 40 A printing enterprise engaging in printing of printed matters for packaging and decoration without obtaining the permit for printing printed matters for packaging and decoration and without authorization in violation of the provisions of these Regulations shall be directed to suspend production and operations by the department of administration of printed matters for packaging and decoration of the local people's government at or above the county level designated by the people's government of the province, autonomous region and municipality directly under the Central Government, its printed matters for packaging and decoration printed and illegal income confiscated, and a fine of more than two times less than ten times of the general fixed price of the printed matters for packaging and decoration printed imposed.

  Article 41 A printing enterprise of publications having committed any of the following acts shall be administered a warning, its illegal income confiscated, and a fine of more than two times less than ten times of the general fixed price of the publications printed imposed by the department of information and publication administration of the local people's government at or above the county level designated by the people's government of the province, autonomous region and municipality directly under the Central Government in the light of circumstances; those having committed serious offences, their licenses shall be revoked by the original license issuing authority:

  (1) illegally taking order for the printing of publications entrusted by others;

  (2) printing of publications forging or pirating the name of another person;

  (3) pirate printing the publication of another person;

  (4) illegally printing additional copies of or selling the publications the printing of which is entrusted;

  (5) compiling and printing, collection of subscriptions and distribution of publications;

  (6) rental, lending, sale or transfer to others in any other forms of the paper molds and printing films of the publication the printing of which is entrusted by the publishing unit without authorization; and

  (7) taking orders for the printing of external publications without approval.

  Article 42 Any printing enterprise for printed matters for packaging and decoration having committed any of the following acts, a warning shall be administered, its illegal income confiscated and a fine of more than two times less than ten times of the general fixed price of the printed matters printed imposed by the department of administration for printed matters for packaging and decoration of the local people's government at or above the county level designated by the people's government of the province, autonomous region and municipality directly under the Central Government in the light of circumstances; where the offence is serious, its license shall be revoked by the original license issuing authority:

  (1) illegally taking orders for the printing of printed matters for packaging and decoration entrusted by others;

  (2) pirate printing of printed matters for packaging and decoration of others; and

  (3) taking orders for the printing of external printed matters for packaging and decoration on one's own without approval.

  Article 43 Any printing enterprise or individual printing publications, printed matters for packaging and decoration or other printed matters which contain reactionary, obscene and superstitious contents or other contents the printing of which are categorically forbidden by the order of the State, illegally printing publications the publication of which are categorically forbidden by the order of the State or publications published by non-publication units, or illegally printing such other printed matters as identity cards, documents and vouchers and coupons with value, shall be penalized in accordance with relevant laws and regulations.

  Article 44 Functionaries of departments of printing administration whose abuse of power, neglect of duty and malpractices for selfish gains constitute a criminal offence shall be investigated for criminal responsibilities according to law; disciplinary sanctions shall be meted out according to law to those whose acts do not constitute a crime.

  Chapter VII Supplementary Provisions

  Article 45 No other fees should be charged except for the collection of cost fee according to the official rate for the issuance of licenses in pursuance of these Regulations.

  Article 46 These Regulations shall come into force as of May 1, 1997.

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