(No. 343 Order of the State Council of the People’s Republic of China. The Regulations on Publication Administration, which were adopted at the 50th executive meeting of the State Council on December 12, 2001, are hereby promulgated, and shall come into force on February 1, 2002. )
Premier: Zhu Rongji
December 25, 2001
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Constitution for the purpose of strengthening the administration of publishing activities, developing and promoting the socialist publishing cause with Chinese characteristics, safeguarding the lawful exercise by citizens of their right of freedom of the press, and promoting the construction of socialist spiritual and material civilization.
Article 2 These Regulations shall apply to publishing activities conducted in the territory of the People’s Republic of China.
Publishing activities referred to in these Regulations include the publishing, printing or reproduction, and distribution of publications.
Publications referred to in these Regulations mean newspapers, periodicals, books, audiovisual products, electronic publications, etc.
Article 3 The publishing endeavor shall hold fast in the direction of serving the people and socialism, uphold Marxism-Leninism, Mao Zedong Thought and the Deng Xiaoping Theory as its guiding ideology, disseminate and accumulate all the scientific, technological and cultural knowledge that is beneficial to the improvement of the national quality, the development of the economy and the all-round progress of the society, carry forward the splendid accomplishments of the national culture, facilitate international cultural exchanges, as well as to enrich and improve the cultural life of the people.
Article 4 In conducting publishing activities, social benefit shall be given first priority, and an optimal combination of social benefits and economic returns shall be achieved.
Article 5 Where a citizen exercises the right of freedom of the press according to law, the people’s governments at all levels shall provide protection and safeguard.
A citizen, when exercising the right of freedom of the press, shall abide by the Constitution and the law, and shall not oppose the basic principles established by the Constitution or damage the interests of the State, the society or the collective, or the lawful freedom and rights of other citizens.
Article 6The publication administrative department under the State Council shall be responsible for supervising and administering the publishing activities nationwide. Other relevant departments under the State Council shall, in accordance with the division of duties determined by the State Council, be responsible for supervising and administering the relevant publishing activities.
The administrative department responsible for the administration of publication (hereinafter referred to as the publication administrative department) under the local people’s government at the county level or above shall be responsible for supervising and administering the publishing activities within its own jurisdiction. Other relevant departments under the local people’s government at the county level or above shall, within the scope of their respective duties, be responsible for supervising and administering the relevant publishing activities.
Article 7The publication administrative department may, when investigating the activities such as publication, printing or reproduction, import or distribution of publications, which are suspected to be illegal, on the basis of the obtained evidence about the suspect of illegality or the report of offence, inspect the articles relating to the illegal activities; and may seal up or distrain the articles which can be proved by the existing evidence to be relating to the illegal activities.
Article 8 A social organization in the publishing industry shall, in accordance with its articles of association, practice self-disciplined management under the direction of the publication administrative department.
Chapter II Establishment and Administration of Publishing Units
Article 9 Newspapers, periodicals, books, audiovisual products and electronic publications, etc. shall be published by publishing units.
Publishing units referred to in these Regulations include newspaper offices, periodical offices, book publishing houses, audiovisual publishing houses, publishing houses of electronic publications and so on.
Where a legal person publishes a newspaper or a periodical without setting up a newspaper office or periodical office, the editorial department established by the legal person for the newspaper or periodical shall be deemed to be the publishing unit.
Article 10 The publication administrative department of the State Council shall plan the total number, structure and distribution of publishing units nationwide, guide and coordinate the development of the publishing endeavor.
Article 11 For establishment, a publishing unit shall meet the following conditions:
(1) Have the name and articles of association of the publishing unit;
(2) Have the sponsoring units and the organ in charge that are cognized by the publication administrative department under the State Council;
(3) Have a well-defined scope of business
(4) Have a registered capital of 300,000 Yuan or more and the fixed work premises;
(5) Have an organizational structure adapted to the needs of its scope of business and a staff of professionals in edition and publication who meet the qualification requirements prescribed by the State;
(6) Other conditions provided for in laws and administrative regulations.
In addition to the conditions listed in the preceding paragraph, the approval of the establishment of a publishing unit shall also accord with the plan of the State for the total number, structure and distribution of publishing units.
Article 12 To establish a publishing unit, the sponsoring unit shall submit an application to the publication administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government where it is located; the said publication administrative department shall, upon examination and consent, submit it to the publication administrative department of the State Council for examination and approval.
Article 13 The application for the establishment of a publishing unit shall specify the following items:
(1) The name and address of the publishing unit;
(2) The names and addresses of the sponsoring unit of the publishing unit and of the organ in charge;
(3) The name, address and qualification documents for the major responsible person or legal representative of the publishing unit; and
(4) The source and amount of funds of the publishing unit.
Where a newspaper office, periodical office or an editorial department for a newspaper or periodical is to be set up, the application shall also specify the name, number of issues, format or size of the newspaper or periodical and printing place of the newspaper or periodical.
The application shall also have attached the constitution of the publishing unit and relevant certification documents from the sponsoring unit.
Article 14 The publication administrative department of the State Council shall make a decision of approval or disapproval within 90 days of the date of receipt of the application for the establishment of a publishing unit, and the publication administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government shall inform the sponsoring unit of the decision in writing; reasons shall be given where a decision of disapproval is made.
Article 15 The sponsoring unit establishing a publishing unit shall, within 60 days of the date of receipt of the information on the approval decision, register with the publication administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government where it is located to obtain a publishing permit. Items of registration shall be stipulated by the publication administrative department of the State Council.
Having thus been registered, the publishing unit shall, on the basis of its publishing permit, apply to the competent department for industry and commerce administration for a business license.
Article 16 A newspaper office, periodical office, book publishing house, audiovisual publishing house of publishing house for electronic publications shall satisfy the requisite conditions of a legal person, obtain the qualifications of a legal person through verification and registration, and undertake civil liabilities independently with all its legal person property.
The editorial department for a newspaper or a periodical, which is deemed to be a publishing unit in accordance with the provisions of the third paragraph of Article 9 of these Regulations, does not have the qualifications of a legal person, and its civil liabilities shall therefore be undertaken by its sponsoring unit.
Article 17 Where a publishing unit changes its name, sponsoring unit, organ in-charge or scope of business, carries out merger or separation, or publishes a new newspaper or a new periodical, or where a newspaper or a periodical changes its name or number of issues, it shall undergo the procedures of examination and approval again in accordance with the provisions of Articles 12 and 13 of these Regulations,and shall go through the corresponding registration formalities in the administrative department for industry and commerce which handled the original registration.
Where a publishing unit changes items other than the ones listed in the preceding paragraph, it shall, upon examination of and consent from its sponsoring unit and the necessary competent agency at the higher level, apply for registration of the change(s) to the publication administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government where it is located, which shall in turn report it to the publication administrative department of the State Council for record,before going through the modification registration procedures in the administrative department for industry and commerce which handled the original registration.
Article 18 Where a publishing unit terminates its publishing activities, the publication administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government where it is located, shall cancel the registration and report it to the publication administrative department of the State Council for record,before going through the cancellation registration procedures in the administrative department for industry and commerce which handled the original registration.
Article 19 Where a book publishing house, audiovisual publishing house or publishing house for electronic publications has not carried out any publishing activities within 180 days of the date of registration, or where a newspaper office or a periodical office has not published any newspaper or periodical within 90 days of the date of registration, the registration organ shall cancel the registration and report it to the publication administrative department of the State Council for record.
Where the situation listed in the preceding paragraph is due to force majeur or for other justified reasons, the publishing unit may apply to the registration agency for an extension of the said time limit.
Article 20 Where important subjects in areas such as national security or social stability are involved in the annual publishing plan of a book publishing house, audiovisual publishing house or publishing house of electronic publications, the plan shall be reported to the publication administrative department of the State Council for record through the publication administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government where it is located;the publications on the key selected titles shall not be published until they are submitted for record before publication.Specific measures thereof shall be formulated by the publication administrative department of the State Council.
A periodical office that intends to select key topics shall go through the formalities for record in accordance with the preceding paragraph.
Article 21The publication administrative department shall strengthen the routine supervision and administration of the publishing activities by the publishing unit within its own jurisdiction.
A publishing unit shall, in accordance with the provisions of the publication administrative department under the State Council, propose a written report on its publishing activities to the publication administrative department.
Article 22 A publishing unit shall not sell or transfer in any other form its name, book number, periodical number, edition number or layout to any unit or individual, and shall not rent out its name or periodical number.
Article 23 Before distributing its publications, a publishing unit shall send free sample copies to the National Library, China Library of Editions and the publication administrative department of the State Council in accordance with the relevant provisions of the State.
Chapter III Publishing of Publications
Article 24 A citizen may, in accordance with the provisions of these Regulations, freely express in publications his or her own views and wishes regarding State affairs, economic and cultural developments and freely publish the results of his or her scientific research, literary and artistic creation, and of other cultural activities.
Lawful publications shall be protected by law. No organization or individual shall illegally interfere with, prevent or disrupt the publishing of publications.
Article 25 A publishing unit shall adopt a system of editors’ responsibility to ensure that the contents of its publications conform to the provisions of these Regulations.
Article 26 No publication shall contain the following contents:
(1) Those opposing the basic principles established in the Constitution;
(2) Those endangering the unification, sovereignty and territorial integrity of the State;
(3) Those which divulge secrets of the State, endanger national security or damage the honor or benefits of the State;
(4) Those which incite the national hatred or discrimination, undermine the solidarity of the nations, or infringe upon national customs and habits;
(5) Those which propagate evil cults or superstition;
(6) Those which disturb the public order or destroy the public stability;
(7) Those which propagate obscenity, gambling, violence or instigate crimes;
(8) Those which insult or slander others, or infringe upon the lawful rights or interests of others;
(9) Those which endanger public ethics or the fine national cultural traditions;
(10)Other contents prohibited by laws, administrative regulations or provisions of the State.
Article 27 Publications targeting minors shall not contain contents which induce minors to imitate behaviors contravening social ethics, violating laws or committing a crime, or contain horror and cruelty which harm the physical and mental health of minors.
Article 28 Where the lawful rights or interests of a citizen, a legal person or some other organizations are infringed upon due to the untruthfulness or unfairness of the contents of a publication, its publishing unit shall make public corrections, eliminate the negative effects, and bear civil liabilities.
Where the lawful rights or interests of a citizen, a legal person or some other organizations are infringed upon due to the untruthfulness or unfairness for the contents of the works published in a newspaper or a periodical, the party concerned shall have the right to require to make corrections or to make a reply, and the relevant publishing unit shall publish the corrections or reply in the latest issue of its newspaper or periodical; in case of refusal to make publication, the party concerned may bring a lawsuit in a people’s court.
Article 29 A publication shall, in accordance with the relevant provisions of the State, clearly state the names and addresses of the relevant author, publisher, printer, or reproducer, distributor, book number, periodical number or edition number, date of publication, number of issue and other relevant items.
The specifications, size, format, finding and layout, and proofreading of a publication shall accord with the standards and norms of the State to guarantee its quality.
Article 30 No unit or individual shall forge or counterfeit the name of a publishing unit, or of a newspaper or a periodical to publications.
Article 31The examination and determination of textbooks for secondary and primary schools shall be handled or organized by the education administrative department under the State Council, while their publishing, printing and distributing units shall be determined by the publication administrative department under the people’s government at the provincial level or above, the education administrative department jointly with the department in charge of price by means of invitation for bidding or by other open and just means; any other unit or individual shall not be engaged in the business of publishing, printing or distributing textbooks for secondary and primary schools. The specific measures and implementation stages shall be determined by the publication administrative department under the State Council jointly with the education administrative department under the State Council and the department in charge of price.
Chapter IV Printing or Reproduction and Distribution of Publications
Article 32 A unit which wishes to be involved in the printing or reproduction business for publications shall, in accordance with the relevant provisions of the State, apply to the publication administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government where it is located, for examination and permission and after registering itself, according to law, with the public security department and the department for industry and commerce administration, may engage in the printing or reproduction of publications.
No unit shall print newspapers, periodicals or books, or reproduce audiovisual products or electronic publications without permission and registration according to law.
Article 33A publishing unit shall not entrust an unit who has not obtained the license for printing or reproducing publications to print or reproduce publications.
Where a publishing unit entrusts a printing or reproducing unit to print or reproduce publications, it must provide the relevant attestation on printing or reproducing publications, which is in compliance with the State provisions, and conclude a contract with the printing or reproducing unit in accordance with laws.
A printing or reproducing unit may not accept the entrustment of an unit or individual who is not engaged in the publication to print newspapers, periodicals or books or to reproduce audiovisual products or electronic publications, nor may it print or distribute newspapers, periodicals or books or reproduce or distribute audiovisual products or electronic publications without authorization.
Article 34 Upon the approval of the publication administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government where it is located, a printing or reproducing unit may undertake the printing or reproduction business of overseas publications; however, the printing or reproducing products shall all be transported overseas and shall not be distributed within the territory.
The contents of the publications to be printed or reproduced under commission from overseas shall be checked by the publication administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government. The commissioner shall hold a letter of authorization from the copyright owner, and register with the copyright administrative department for record.
Article 35 A printing or reproducing unit shall reserve a sample copy of the publication printed or reproduced for inspection for a period of two years from the date of completion of the printing or reproduction.
Article 36A unit engaged in nationwide chain operation of newspapers, periodicals or books shall be subjected to the examination and permission of the publication administrative department under the people’s government of the province, autonomous region or municipality directly under the Central Government where its headquarters is located before being examined and approved by the publication administrative department under the State Council, and shall thereafter obtain the business license from the administrative department for industry and commerce in accordance with laws.
A distributing unit which wishes to be involved in the general distribution business of newspapers, periodicals and books may conduct such business only upon examination and permission of the publication administrative department of the State Council and after obtaining a business license from the department for industry and commerce administration according to law.
A distributing unit which wishes to be involved in the wholesale business of newspapers, periodicals and books may conduct such business only upon examination and permission of the relevant administrative department assigned by the people’s government of the province, autonomous region or municipality directly under the Central Government and obtaining a business license from the department for industry and commerce administration according to law.
The distribution of newspapers and periodicals by postal enterprises shall be handled in accordance with the provisions of the Postal Law.
Article 37 Units or individuals which wish to be involved in the retail business of newspapers, periodicals and books may conduct the retail business of publications only after obtaining approval from the relevant administrative department of the people’s government at the county level as assigned by the people’s government of the province, autonomous region and municipality directly under the Central Government and obtaining business licenses from the department for industry and commerce administration according to law.
Article 38 A publishing unit may distribute publications published by itself, but shall not distribute publications published by other publishing units.
Article 39The State permits the establishment of Chinese-foreign joint venture enterprises, Chinese-foreign cooperative enterprises and wholly foreign-owned enterprises engaged in the business of selling books, newspapers and periodicals. The specific measures and procedures for implementation shall be stipulated by the publication administrative department under the State Council jointly with the department in charge of foreign trade and economic cooperation under the State Council in accordance with relevant provisions.
Article 40 A printing or reproducing unit shall not print or reproduce and a distributing unit shall not distribute any publications under the following circumstances:
(1) Those containing contents prohibited under Articles 26 and 27 of these Regulations;
(2) Those illegally imported;
(3) Those forging or counterfeiting the name of a publishing unit or the name of a newspaper or a periodical;
(4) Those not indicating the name of the publishing unit;
(5) Those middle school or primary school textbooks lacking examination and approval according to law; or
(6) Those infringing upon copyrights of other persons.
Chapter V Import of Publications
Article 41 The business of importing publications shall be operated by the publication import units established in accordance with these Regulations; among them the publication import units that run the business of importing newspapers or periodicals shall be designated by the publication administrative department under the State Council.
No unit or individual shall run the business of importing publications without approval; and no unit or individual shall run the business of importing newspapers or periodicals without designation.
Article 42 In order to establish a publication import unit, the applicant shall meet the following conditions:
(1) Having the name and articles of association of the publication import unit;
(2) Being a wholly State-owned enterprise and having the sponsoring unit and the organ in-charge which are recognized by the publication administrative department 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 determined 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 by the State.
The approval on the establishment of a publication import unit shall not only be in accordance with the conditions listed in the preceding paragraph, but also conform to the plan of the State on the total number, structure and distribution of the publication import units.
Article 43 Whoever intends to establish a publication import unit shall submit an application to the publication administrative department under the State Council, and shall, after being examined and approved, obtain the license for importing publications checked and issued by the publication administrative department 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 unit, 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 unit shall not include any content prohibited under Articles 26 and 27 of these Regulations.
A publication import unit shall be responsible for examining the contents of the publications, which it has imported. The publication administrative department under the people’s government at the provincial level or above may directly examine the contents of the publications imported by a publication import unit. Where a publication import unit is unable to identify whether the imported publications include any content prohibited by Articles 26 and 27 of these Regulations, it may request the publication administrative department under the people’s government at the provincial level or above to examine the contents. The publication administrative department under the people’s government at the provincial level or above may, when examining upon the request by the publication import unit 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 publication administrative department under the State Council may forbid the import of certain publications.
Article 45 A publication import unit shall, before importing publications, submit the catalogue of the publications subject to planned import to the publication administrative department under the people’s government at the provincial level or above for record; where the publication administrative department 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 unit in time and shall inform the customs. A publication import unit 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 publication administrative department under the State Council.
Article 46 Those who distribute imported publications shall receive goods from the publication import units established in accordance with laws; and among them, those who distribute imported newspapers or periodicals shall receive goods from the publication import units designated by the publication administrative department under the State Council.
Article 47 A publication import unit that intends to hold an exhibition of overseas publications within the territory shall report to the publication administrative department under the State Council for approval. No unit 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 relevant policies to guarantee and promote the development and prosperity of the publishing endeavor.
Article 49 The State supports and encourages the publication of the following excellent and key 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 of 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 national 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, 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 distributed by a postal enterprise, 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 units and individuals who make great contributions to the development and prosperity of the publishing endeavor.
Article 53 The publication administrative department under the 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 or reproduction, import or distribution of publications.
Chapter VII Legal Liabilities
Article 54 Where any functionary in the publication administrative department or any other relevant administrative department, by taking advantage of his office, accepts the properties or benefits of another, and approves a publishing, printing or reproducing, importing or distributing unit 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 or she 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 or her to be imposed upon criminal punishments, he or she shall be imposed upon an administrative sanction of demotion or dismissal from his post.
Article 55 Whoever, without being approved, establishes a publication publishing, printing or reproducing, importing or distributing unit, or is engaged in the business of publishing, printing or reproducing, importing or distributing publications, or counterfeits the name of a publishing unit or forges or counterfeits the name of a newspaper or periodical to publish publications, shall be banned by the publication administrative department and the administrative department for industry and commerce in accordance with their legal power; 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 laws.
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 publication administrative department 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 or 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 publication administrative department 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 publication administrative department under the State Council from import;
(2) Printing or reproducing smuggled overseas publications;
(3) Having not received goods from a publication import unit 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/she 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 publication administrative department; 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 or reproducing unit prints or reproduces publications without having obtained the printing or reproducing license;
(2) A printing or reproducing unit accepts the entrustment of a non-publishing unit or individual to print or reproduce publications;
(3) A printing or reproducing unit prints or reproduces overseas publications without completing legal formalities, or has not totally transport the printed or reproduced overseas publications to the outside of the territory;
(4) A printing or reproducing unit, a distributing unit or an individual distributes a publication without the name of the publishing unit;
(5) A publishing, printing or distributing unit publishes, prints or distributes the textbooks for secondary and primary schools which are not examined and determined in accordance with laws, or a unit 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 unit 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 publication administrative department 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 publication administrative department 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 unit intends to change its name, its hosting unit 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 unit intends to change other items, it does not go through the formalities of examination and approval and of modification registration in the publication administrative department in accordance with these Regulations;
(2) A publishing unit 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 unit does not submit a sample of its publication in accordance with these Regulations;
(4) A printing or reproducing unit does not preserve the materials prepared for inspection in accordance with these Regulations;
(5) A publication import unit 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 publication administrative department 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 or 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/her publications and illegal proceeds but his/her other administrative penalties may be reduced or exempted.
Article 64 Where an unit 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 unit 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 unit.
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 audiovisual 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 publication administrative department under the State Council in compliance with the principles in these Regulations.
Article 68 These Regulations shall come into force on February 1, 2002. The Regulations on Publication Administration promulgated by the State Council on January 2, 1997 shall be simultaneously abolished.
