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Regulations on the Administration of Publication
Promulgation Date:2001-12-25  Promulgation Number:2001122520020201The State CouncilNo.343  Promulgation Department:The State Council
2001122520020201The State CouncilRegulations on the Administration of PublicationNo.343The "Regulations on the Administration of Publication", which were adopted at the 50th executive meeting of the State Council on December 12, 2001, are hereby promulgated, and shall enter into force on February 1, 2002.Premier of the State Council: Zhu RongjiDecember 25, 2001epdf/e00835.pdfB3, A2publication, publishing unit, establishment, printing, reproduction, issue, import, guarany, rewarde00835Regulations on the Administration of PublicationChapter I General ProvisionsArticle 1These Regulations are enacted in accordance with the Constitution with a view to strengthening the administration of publishing activities, developing and prospering the socialist publishing cause with Chinese characteristics, guaranteeing the citizens to exercise the right of freedom of press in accordance with the law, and promoting the construction of socialist spiritual civilization and material civilization.Article 2These Regulations shall apply to the publishing activities within the territory of the People's Republic of China. Publishing activities mentioned in these Regulations shall include the publication, print/reproduction, import and distribution of publications.Publications mentioned in these Regulations shall mean the newspapers, periodicals, books, audio and video products and electronic publications, etc..Article 3The publishing cause must adhere to the principles of serving the people and the cause of socialism, adhere to the principle of regarding Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory as the guidance, disseminate and accumulate the scientific technologies and knowledge beneficiary to the improvement of the quality of the people and to the economic development and social progress, give full scope to the fine folk culture, promote international cultural exchanges, as well as enrich and improve the spiritual lives of the people.Article 4Whoever is engaged in publishing activities shall give primacy to the social effects, and combine the social effects with the economic benefits.Article 5The people's government at each level shall guarantee the citizens to exercise the right of freedom of press in accordance with the law.Any citizen must, when exercising the right of freedom of press, abide by the Constitution and laws, and must not object the basic principles determined in the Constitution or damage the interests of the State, the society or the collective, or the lawful freedoms and rights of other citizens.Article 6The administrative department for publication under the State Council shall be responsible for supervising and administering the publishing activities nation-wide. Other relevant departments under the State Council shall, in accordance with the division of duties prescribed 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 administrative department for publication") 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 administrative department for publication may, when investigating the activities such as publication, printing/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 8A social organization in the publishing industry shall, in accordance with its articles of association, practice self-disciplined management under the direction of the administrative department for publication.Chapter II Establishment and Administration of Publishing EntitiesArticle 9Newspapers, periodicals, books, audio and video products, and electronic publications, etc. shall be published by publishing entities.The term "publishing entity" as mentioned in these Regulations include newspaper offices, periodical offices, book publishing houses, audio and video product publishing houses and electronic publication publishing houses, etc..Where a legal person publishing newspapers and periodicals establishes neither an independent newspaper office nor a periodical office, the newspaper editorial department and the periodical editorial department under such a legal person shall be regarded as publishing entities.Article 10The administrative department for publication under the State Council shall formulate the programming on the total number, structure and distribution of the publishing entities nationwide, direct and coordinate the development of the publishing cause.Article 11In order to establish a publishing entity, the applicant shall meet the following conditions:(1)having the name and articles of association of the publishing entity;(2)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 a registered capital of 300,000 Yuan or more and the fixed work premises;(5)having 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.The approval on the establishment of an audio and video product publishing 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 publishing entities.Article 12To establish a publishing entity, the hosting entity shall apply to the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government at its locality; and the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government shall, after its examination and consent, submit the application to the administrative department for publication under the State Council for examination and approval.Article 13The application for the establishment of a publishing entity shall explicitly state the following:(1)the name and address of the publishing entity;(2)the name and address of the hosting entity of and the organ in-charge of the publishing entity;(3)the name(s), address(es) and qualification certifying documents of the legal representative or principal responsible person(s) of the publishing entity;(4)the sources and amount of funds of the publishing entity.For the establishment of a newspaper office, periodical office, newspaper editorial department or periodical editorial department, the application shall explicitly state the name, publishing frequency, layout/format, and printing site of the newspaper or periodical in addition.The application shall be attached with the articles of association of the publishing entity and the relevant attestation documents of the hosting entity that establishes the publishing entity and of the organ in-charge.Article 14The administrative department for publication under the State Council shall, within 90 days as of receipt of the application for the establishing a publishing entity, make a decision on approving or disapproving the application, and the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government shall notify the hosting entity in writing; if the application is not approved, the reason thereof shall be stated.Article 15A hosting entity which intends to establish a publishing entity shall, within 60 days as of receipt of the decision on approval, go through the registration procedures in the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government at its locality, and obtain the publishing license. The details of registration shall be prescribed by the administrative department for publication under the State Council.The publishing entity shall, after the registration, go through the registration in the administrative department for industry and commerce with the publishing license, and shall obtain the business license in accordance with the law.Article 16A newspaper office, periodical office, book publishing house, audio and video product publishing house or electronic publication publishing house, etc. shall meet the conditions to be a legal person. It shall be qualified as a legal person after being approved and registered, and shall independently bear the civil liability with the total property it owns.A newspaper editorial department or periodical editorial department which is regarded as a publishing entity in accordance with Paragraph 3 of Article 9 of these Regulations shall not be qualified as a legal person, and its civil liability shall be borne by its hosting entity.Article 17Where a publishing entity intends to change its name, hosting entity, organ in-charge or scope of business, to be merged or split, to publish new newspapers or periodicals, or to change the name or publishing frequency of its newspaper or periodical, it shall go through the formalities of examination and approval in accordance with 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 the publishing entity intends to change any item other than those enumerated in the preceding paragraph, it shall, upon examination and consent by its hosting entity and its organ in-charge, apply to the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government at its locality for modification registration, and shall report to the administrative department for publication under 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 18Where a publishing entity intends to terminate its publishing activities, it shall go through the cancellation registration procedures in the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government at its locality, and shall report to the administrative department for publication under 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 19Where a book publishing house, audio and video product publishing house or electronic publication publishing house is not engaged in publishing activities after 180 days as of its registration, or where a newspaper office or periodical office does not publish any newspaper or periodical after 90 days as of its registration, the administrative department for publication which handled the original registration shall cancel the registration, and shall report to the administrative department for publication under the State Council for record. In case of either of the circumstances in the preceding paragraph due to force majeure or other justifiable reason, the publishing entity may apply to the administrative department for publication which handled the original registration for an extension of period.Article 20The annual publication plans of a book publishing house, audio and video product publishing house or electronic publication publishing house and the key titles selected thereby in respect of national security and social stability, etc. shall be subject to the examination and verification of the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government at its locality before being submitted to the administrative department for publication under the State Council for record; the publications on the key selected titles shall not be published until they are submitted for record before publication. The specific measures shall be enacted by the administrative department for publication under the State Council.A periodical office that intends to select key titles shall go through the formalities for record in accordance with the preceding paragraph.Article 21The administrative department for publication shall strengthen the daily supervision and administration of the publishing activities by the publishing entities within its own jurisdiction.A publishing entity shall, in accordance with the provisions of the administrative department for publication under the State Council, propose a written report on its publishing activities to the administrative department for publication.Article 22A publishing entity shall not sell or transfer in any other form to any entity or individual its name, book number, serial number/publisher's code, layout, nor shall it lease its name or serial number.Article 23A publishing entity shall, before distributing its publications, gratis submit a sample to the National Library of China, the Archives Library of Chinese Publications and the administrative department for publication under the State Council in accordance with the relevant provisions of the State.Chapter III Publication of PublicationsArticle 24A citizen may, in accordance with these Regulations, freely express in publications his opinions and willingness towards national affairs, economic and cultural careers, and social affairs, and freely publish its achievements in respect of scientific research, literary and artistic creation and other cultural pursuits.Lawful publications shall be protected by law, and no organization or individual may illegally disturb, impede or destroy the publication of publications.Article 25A publishing entity shall apply a system of editor's responsibility, which guarantees the contents included in the publications conform to these Regulations.Article 26The following contents are prohibited from being included in any publication:(1)Those which object the basic principles determined in the Constitution;(2)those which endanger the unity of the nation, sovereignty or territorial integrity;(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 and interests of others;(9)those which endanger public ethics or the fine folk cultural traditions;(10)other contents prohibited by laws, administrative regulations or provisions of the State.Article 27Publications catering to minors shall not include any content enticing minors to imitate the acts in violation of public ethics or illegal or criminal acts, nor shall they include such contents harming the physical and mental health of minors as terror, cruelty, etc..Article 28Where the contents in a publication are not true or not just, thus infringing upon the lawful rights and interests of a citizen, of a legal person or of any other organization, the publishing entity shall make a public correction, eliminate the bad consequences, and bear other civil liabilities in accordance with the law.Where the contents in the works published by a newspaper or a periodical are not true or not just, thus infringing upon the lawful rights and interests of a citizen, of a legal person or of any other organization, the party concerned is entitled to demand the relevant publishing entity to make a correction or plea, which the publishing entity shall publish in the recent newspaper or periodical; otherwise, the party concerned may bring a lawsuit to the people's court.Article 29A publication must, in accordance with the relevant provisions of the State, explicitly state the names and addresses of the author, publisher, typographer/reproducer or distributor, the book number, serial number/publisher's code, the publication date, the publishing frequency and other relevant items.The specifications, format, typography, binding, and proofreading, etc. of a publication must be in compliance with national standards and criteria, so as to guarantee the quality thereof.Article 30No entity or individual shall forge or counterfeit the name of a publishing entity or of a newspaper or periodical to publish publications.Article 31The examination and determination of textbooks for secondary and primary schools shall be handled or organized by the administrative department for education under the State Council, while their publishing, printing and distributing entities shall be determined by the administrative department for publication under the people's government at the provincial level or above, the administrative department for education jointly with the department in charge of price by means of invitation for bidding or by other open and just means; any other entity 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 stipulated by the administrative department for publication under the State Council jointly with the administrative department for education under the State Council and the department in charge of price.Chapter VII The Printing/Reproduction and the Distribution of PublicationsArticle 32An entity engaged in the business of printing/reproducing publications shall apply to the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government at its locality for examination and permission, and may not be engaged in the printing/reproduction of publications until having completed the relevant formalities in the public security organ and the administrative department for industry and commerce in accordance with the relevant provisions of the State.Whoever has not been permitted and has gone through the relevant formalities shall neither print newspapers, periodicals or books, nor reproduce audio and video products or electronic publications.Article 33A publishing entity shall not entrust an entity who has not obtained the license for printing/reproducing publications to print/reproduce publications. Where a publishing entity entrusts a printing/reproducing entity to print/reproduce publications, it must provide the relevant attestation on printing/reproducing publications, which is in compliance with the State provisions, and conclude a contract with the printing/reproducing entity in accordance with the law.A printing/reproducing entity may not accept the entrustment of an entity or individual who is not engaged in the publication to print newspapers, periodicals or books or to reproduce audio and video products or electronic publications, nor may it print or distribute newspapers, periodicals or books or reproduce or distribute audio and video products or electronic publications without authorization.Article 34A printing/reproducing entity may, upon approval by the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government at its locality, undertake the business of printing/reproducing overseas publications; provided that the printed/reproduced overseas publications be totally transported to the outside of the territory instead of being distributed inside the territory.The contents of a publication that are printed or reproduced by a party from outside the territory shall be examined and consented by the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government. The entrusting party shall hold the written authorization by the copyright owner, and shall go through the registration in the administrative department for copyright.Article 35A printing/reproducing entity shall, within 2 years as of completion of the printing/reproduction of a publication, preserve a sample of the undertaken publication for inspection.Article 36A entity engaged in nationwide chain operation of newspapers, periodicals or books shall be subject to the examination and permission of the administrative department for publication 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 administrative department for publication under the State Council, and shall thereafter obtain the business license from the administrative department for industry and commerce in accordance with the law.A distributing entity which intends to be engaged in the business of general distribution of newspapers, periodicals or books may not do so until it has been examined and permitted by the administrative department for publication under the State Council and has obtained the business license from the administrative department for industry and commerce in accordance with the law.A distributing entity engaged in the business of wholesaling newspapers, periodicals or books may not do so until it has been examined and permitted by the administrative department for publication under the people's government of the province, autonomous region or municipality directly under the Central Government and has obtained the business license from the administrative department for industry and commerce in accordance with the law.The distribution by postal enterprises of newspapers and periodicals shall be in compliance with the postal law.Article 37An entity or individual engaged in the business of retailing newspapers, periodicals, or books may not be engaged in the business of retailing publications until being approved by the administrative department for publication under the people's government at the county level and having obtained the business license from the administrative department for industry and commerce in accordance with the law.Article 38A publishing entity may distribute the publications published by itself, but shall not distribute the publications published by other publishing entities.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 administrative department for publication under the State Council jointly with the department in charge of foreign trade and economic cooperation under the State Council in accordance with the relevant provisions.Article 40A 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 PublicationsArticle 41The 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 42In 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 43Whoever 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 44The 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 45A 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 46Those 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 47A 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 AwardsArticle 48The State shall enact the relevant policies to guarantee and promote the development and prosperity of the publishing cause.Article 49The 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 50The 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 51Where 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 52The State rewards the entities and individuals who make great contributions to the development and prosperity of the publishing cause.Article 53The 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 LiabilitiesArticle 54Where 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 55Whoever, 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 56In 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 57In 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 58Whoever 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 59In 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 60Where 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 61In 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 62Whoever, 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 63Where 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 64Where 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 65Where 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 66With 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 ProvisionsArticle 67Where 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 68These 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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