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Regulations on the Administration of Publication Import of Publications |
Article 40 A printing/reproducing entity shall not print/reproduce the publications under any of the following circumstances, nor shall a distributing entity distribute such publications:
(1) those which include any content prohibited by Articles 26 and 27 of these Regulations;
(2) those which are illegally imported;
(3) those in which the name of a publishing entity, a newspaper or a periodical is forged or counterfeited;
(4) those in which the name of the publishing entity is not mentioned;
(5) textbooks for secondary and primary schools which have not been examined and determined in accordance with the law;
(6) those which infringe upon other's copyright.
Chapter V Import of Publications
Article 41 The business of importing publications shall be operated by the publication import entities established in accordance with these Regulations; among which the publication import entities that run the business of importing newspapers or periodicals shall be designated by the administrative department for publication under the State Council.
No entity or individual may run the business of importing publications without approval; and no entity or individual may run the business of importing newspapers or periodicals without designatation.
Article 42 In order to establish a publication import entity, the applicant shall meet the following conditions:
(1) having the name and articles of association of the publication import entity;
(2) being a wholly State-owned enterprise and having the hosting entity and the organ in-charge which are cognized by the administrative department for publication under the State Council;
(3) having a well-defined scope of business;
(4) having an organizational structure that suits the needs of its business of importing publications and a staff of professionals who meet the qualification requirements prescribed by the State;
(5) having funds that suit its business of importing publications;
(6) having fixed work premises;
(7) other conditions provided for in laws and administrative regulations or by the State.
The approval on the establishment of a publication import entity shall not only be in accordance with the conditions enumerated in the preceding paragraph, but also conform to the programming of the State on the total number, structure and distribution of the publication import entities.
Article 43 Whoever intends to establish a publication import entity shall file an application to the administrative department for publication under the State Council, and shall, after being examined and approved, obtain the license for importing publications checked and issued by the administrative department for publication under the State Council, with which it shall obtain the business license from the administrative department for industry and commerce in accordance with the law.
For the establishment of a publication import entity, the corresponding formalities shall be gone through in accordance with the laws and administrative regulations on foreign trade.
Article 44 The publications imported by a publication import entity shall not include any content prohibited by Articles 26 and 27 of these Regulations.
A publication import entity shall be responsible for examining the contents of the publications which it has imported. The administrative department for publication under the people's government at the provincial level or above may directly examine the contents of the publications imported by a publication import entity. Where a publication import entity is unable to identify whether the imported publications include any content prohibited by Articles 26 and 27 of these Regulations, it may request the administrative department for publication under the people's government at the provincial level or above to examine the contents. The administrative department for publication under the people's government at the provincial level or above may, when examining upon the request by the publication import entity the contents of the imported publications, charge fees in accordance with the rates approved by the department in charge of price under the State Council.
The administrative department for publication under the State Council may forbid the import of certain publications.
Article 45 A publication import entity shall, before importing publications, submit the catalogue of the publications subject to planned import to the administrative department for publication under the people's government at the provincial level or above for record; where the administrative department for publication under the people's government at the provincial level or above finds that the import of any publication shall prohibited or deferred, it shall notify the publication import entity in time and shall inform the customs. A publication import entity shall not import any publication which has been prohibited or deferred in notices, and the customs shall not release such a publication.
The specific measures for the registration of imported publications shall be enacted by the administrative department for publication under the State Council.
Article 46 Those who distributes imported publications must receive goods from the publication import entities established in accordance with the law; and among whom those who distributes imported newspapers or periodicals must receive goods from the publication import entities designated by the administrative department for publication under the State Council.
Article 47 A publication import entity that intends to hold an exhibition of overseas publications inside the territory must report to the administrative department for publication under the State Council for approval. No entity or individual shall hold exhibitions of overseas publications without being approved.
Where the overseas publications exhibited in accordance with the preceding paragraph need to be sold, the relevant formalities shall be gone through in accordance with the relevant provisions of the State.
Chapter VI Guaranties and Awards
Article 48 The State shall enact the relevant policies to guarantee and promote the development and prosperity of the publishing cause.
Article 49 The State supports and encourages the publication of the following excellent and important publications:
(1) those of great importance to the expatiation and dissemination of the basic principles determined in the Constitution;
(2) those of great significance to the education among the people in patriotism, collectivism and socialism or to the promotion of public ethics, occupational ethics and family virtues;
(3) those of great contribution to the promotion of the fine folk culture and timely reflection of the new scientific and cultural achievements from both home and abroad;
(4) those which have important ideological value, scientific value or cultural and artistic value.
Article 50 The State guarantees the publication and distribution of textbooks.
The State supports the publication and distribution of publications in a minority nationality language or in Braille.
The State applies preferential policies to the publications distributed in areas inhabited by ethnic minorities, frontier areas, areas of undeveloped economy and rural areas.
Article 51 Where a newspaper or a periodical is delivered to a postal enterprise for distribution, the postal enterprise shall guarantee to distribute it timely and accurately in accordance with the stipulations in the contract.
A transport enterprise undertaking the transport of publications shall provide conveniences to the transport of publications.
Article 52 The State rewards the entities and individuals who make great contributions to the development and prosperity of the publishing cause.
Article 53 The administrative department for publication under each people's government at the county level or above and other relevant departments shall take measures in time to stop the acts of illegally disturbing, impeding or destroying the publication, printing/reproduction, import or distribution of publications.
Chapter VII Legal Liabilities
Article 54 Where any functionary in the administrative department for publication or any other relevant administrative department, by taking advantage of his office, accepts the properties or benefits of another, and approves a publishing, printing/reproducing, importing or distributing entity which does not meet the legal conditions for establishment, or does not implement his supervision duties, or does not investigate the illegal acts he has found, thus causing serious consequences, he shall be investigated for criminal liabilities in accordance with the provisions in the Criminal Law on the crime of accepting bribes, of abusing power, of neglecting duty or of other crimes; where the case is not serious enough for him to be imposed upon criminal punishments, he shall be imposed upon an administrative sanction of demotion or dismissal from his post.
Article 55 Whoever, without being approved, unauthorizedly establishes a publication publishing, printing/reproducing, importing or distributing entity, or is unauthorizedly engaged in the business of publishing, printing/reproducing, importing or distributing publications, or counterfeits the name of a publishing entity or forges or counterfeits the name of a newspaper or periodical to publish publications, shall be banned by the administrative department for publication and the administrative department for industry and commerce in accordance with their legal powers; and shall be investigated for criminal liabilities in accordance with the provisions in the Criminal Law on the crime of illegal business operation; if the case is not serious enough for criminal punishments, its publications, its illegal proceeds and special instruments and equipment used in the illegal activities shall be confiscated; if the amount of illegal operating fund is no less than 10,000 Yuan, it shall be imposed upon a fine of no less than 5 times but no more than 10 times the amount of illegal operating fund in addition; if the amount of illegal operating fund is less than 10,000 Yuan, it shall be imposed upon a fine of no less than 10,000 Yuan but no more than 50,000 Yuan in addition; if it has infringed upon another's lawful rights and interests, it shall bear the civil liability in accordance with the law.
Article 56 In case of any of the following acts that is in violation of the Criminal Law, the party concerned shall be investigated for criminal liabilities in accordance with the relevant provisions in the Criminal Law; if the case is not serious enough for criminal punishments, it shall be ordered by the administrative department for publication to cease the business within a time limit for rectification, and its publications and illegal proceeds shall be confiscated; if the amount of illegal operating fund is no less than 10,000 Yuan, it shall be imposed upon a fine of no less than 5 times but no more than 10 times the amount of illegal operating fund in addition; if the amount of illegal operating fund is less than 10,000 Yuan, it shall be imposed upon a fine of no less than 10,000 Yuan but no more than 50,000 Yuan in addition; if the case is serious, its license shall be revoked by the original organ issuing the license:
(1) publishing or importing publications which include any content prohibited by Articles 26 and 27 of these Regulations;
(2) printing/reproducing or distributing a publication on the condition that it knows clearly or ought to know there is any content prohibited by Articles 26 and 27 of these Regulations;
(3) selling or transferring in any other form the name, book number, serial number, publisher's code, layout of its own, or leasing the name or serial number of its own on the condition that it knows clearly or ought to know there is any content prohibited by Articles 26 and 27 of these Regulations in the publication of another.
Article 57 In case of any of the following acts, the party concerned shall be ordered by the administrative department for publication to cease the illegal act, and be confiscated of its publications and illegal proceeds; if the amount of illegal operating fund is no less than 10,000 Yuan, it shall be imposed upon a fine of no less than 5 times but no more than 10 times the amount of illegal operating fund in addition; if the amount of illegal operating fund is less than 10,000 Yuan, it shall be imposed upon a fine of no less than 10,000 Yuan but no more than 50,000 Yuan in addition; if the case is serious, it shall be ordered to cease its business within a time limit for rectification or its license shall be revoked by the original organ issuing the license:
(1) importing, printing/reproducing or distributing the publications which are prohibited by the administrative department for publication under the State Council from import;
(2) printing/reproducing smuggled overseas publications;
(3) having not received goods from a publication import entity provided for by these Regulations when distributing imported publications.
Article 58 Whoever smuggles publications shall be investigated for criminal liabilities in accordance with the provisions in the Criminal Law on the crime of smuggling; where the case is not serious enough for criminal punishments, he/it shall be imposed upon administrative punishments by the customs in accordance with the Customs Law.
Article 59 In case of any of the following circumstances, the publications and illegal proceeds of the party concerned shall be confiscated by the administrative department for publication; if the amount of illegal operating fund is no less than 10,000 Yuan, it shall be imposed upon a fine of no less than 5 times but no more than 10 times the amount of illegal operating fund in addition; if the amount of illegal operating fund is less than 10,000 Yuan, it shall be imposed upon a fine of no less than 10,000 Yuan but no more than 50,000 Yuan in addition; if the case is serious, it shall be ordered to cease its business within a time limit for rectification or its license shall be revoked by the original organ issuing the license:
(1) a printing/reproducing entity prints/reproduces publications without having obtained the printing/reproducing license;
(2) a printing/reproducing entity accepts the entrustment of a non-publishing entity or individual to print/reproduce publications;
(3) a printing/reproducing entity prints/reproduces overseas publications without completing legal formalities, or has not totally transport the printed/reproduced overseas publications to the outside of the territory;
(4) a printing/reproducing entity, a distributing entity or an individual distributes a publication with the name of the publishing entity not mentioned;
(5) a publishing, printing or distributing entity publishes, prints or distributes the textbooks for secondary and primary schools which are not examined and determined in accordance with the law, or an entity not determined in accordance with these Regulations is engaged in the business of publishing, printing or distributing textbooks for secondary and primary schools.
Article 60 Where a publishing entity sells or transfers in any other form its name, book number, serial number, publisher's code, layout, or leases its name or serial number, it shall be ordered by the administrative department for publication to cease its illegal acts, be imposed upon a warning, and be confiscated of its publications under illegal operation and its illegal proceeds; if the amount of illegal operating fund is no less than 10,000 Yuan, it shall be imposed upon a fine of no less than 5 times but no more than 10 times the amount of illegal operating fund in addition; if the amount of illegal operating fund is less than 10,000 Yuan, it shall be imposed upon a fine of no less than 10,000 Yuan but no more than 50,000 Yuan in addition; if the case is serious, it shall be ordered to cease its business within a time limit for rectification or its license shall be revoked by the original organ issuing the license.
Article 61 In case of any of the following circumstances, the party concerned shall be ordered by the administrative department for publication to make a rectification, and shall be imposed upon a warning; if the case is serious, it shall be ordered to cease its business within a time limit for rectification or its license shall be revoked by the original organ issuing the license:
(1) When a publishing entity intends to change its name, its hosting entity or organ in-charge, scope of business, to be merged or divided, or to publish a new newspaper or periodical, or when a newspaper or periodical intends to change its name or publishing frequency, or when a publishing entity intends to change other items, it does not go through the formalities of examination and approval and of modification registration in the administrative department for publication in accordance with these Regulations;
(2) A publishing entity does not submit its annual publication plans and the key titles selected by it in respect of national security and social stability, etc. for record;
(3) A publishing entity does not submit a sample of its publication in accordance with these Regulations;
(4) A printing/reproducing entity does not preserve the materials prepared for inspection in accordance with these Regulations;
(5) A publication import entity does not have the catalogue of the publications which it has imported recorded in accordance with these Regulations.
Article 62 Whoever, without being approved, holds an exhibition of overseas publications, shall be ordered by the administrative department for publication to cease its illegal acts, and its publications and illegal proceeds shall be confiscated; if the case is serious, it shall be ordered to cease its business within a time limit for rectification or its license shall be revoked by the original organ issuing the license.
Article 63 Where a party who prints/reproduces, wholesales, retails, leases or spreads publications including any content prohibited by Articles 26 and 27 of these Regulations or other illegal publications states or identifies the sources of the illegal publications, and if the statement or identification is verified to be true, the said party shall be confiscated of his/its publications and illegal proceeds but his/its other administrative penalties may be reduced or exempted.
Article 64 Where an entity is imposed upon the administrative penalty of revocation of its license due to its violation of these Regulations, it shall go through the modification registration or cancellation registration procedures in the administrative department for industry and commerce in accordance with the relevant provisions of the State; if it has not gone through the said registration after the expiry, its business license shall be revoked by the administrative department for industry and commerce.
Article 65 Where an entity is imposed upon the administrative penalty of revocation of its license due to its violation of these Regulations, its legal representative or each of its principal responsible persons shall not, within 10 years as of revocation of the license, hold the post of legal representative or principal responsible person of a publishing, printing/reproducing, importing or distributing entity.
Article 66 With respect to the administrative penalty of fine imposed in accordance with these Regulations, the decision on the fine shall be separated from the collection of the fine in accordance with the relevant laws and administrative regulations; the collected fine must be totally turned over to the State treasury.
Chapter VIII Supplementary Provisions
Article 67 Where the publication, reproduction, import or distribution of audio and video products is otherwise provided for by administrative regulations, the provisions in the administrative regulations shall apply.
The measures on the administration of acceptance of publications presented by overseas institutions or individuals, those on the administration of subscription by subscribers of overseas publications, those on the administration of Internet publication and those on the administration of publication of electronic publications shall be separately enacted by the administrative department for publication under the State Council in compliance with the principles in these Regulations.
Article 68 These Regulations shall enter into force on February 1, 2002. The "Regulations on the Administration of Publication" promulgated by the State Council on January 2, 1997 shall be simultaneously nullified. |
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