Order of the State Council of the People's Republic of China on the release of Regulations on the Administration of Publication

Order of the State Council of the People's Republic of China on the release of Regulations on the Administration of Publication

Order of the State Council [2001] No.343

December 25, 2001

The "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 Rongji

Appendix: Regulations on the Administration of Publication

Chapter I General Provisions
　
Article 1 These Regulations are enacted in accordance with the Constitution with a view to strengthening the administration of publishing activities, developing and promoting the socialist publishing cause with Chinese characteristics, guaranteeing the citizens to exercise the right of freedom of press in accordance with the law, and enhancing the construction of socialist spiritual civilization and material civilization.
　
Article 2 These 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 3 The 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 cultural knowledge beneficiary to the improvement of the quality of the people and to the economic development and social progress, carry forward the fine tradition of the Chinese culture, promote cultural exchanges between nations, as well as enrich and improve the spiritual lives of the people.
　
Article 4 Whoever is engaged in publishing activities shall give priority to the social effects, to realize the goal of combining social effects with economic benefits.
　
Article 5 The 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 go against 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 6 The 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 7 The 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 seize 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 administrative department for publication.

Chapter II Establishment and Administration of Publishing Entities
　
Article 9 Newspapers, 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 10 The administrative department for publication under the State Council shall formulate the programming on the total volume, structure and overall arrangement of the publishing entities nationwide, direct and coordinate the development of the publishing cause.
　
Article 11 In 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 recognized by the administrative department for publication under the State Council;
3. having a well-defined scope of business
4. having a registered capital of CNY300,000 or more and a fixed work premises;
5. having an organizational structure adapted to the needs of its scope of business and a staff of professionals in 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 product publishing entity shall, in addition to the conditions mentioned in the preceding paragraph, also conform to the programming of the State on the total amount, structure and overall arrangement of the publishing entities.
　
Article 12 To 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 13 The application for the establishment of a publishing entity shall specify 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 person(s)-in-charge 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 specify the name, publishing frequency, layout/format, and location of printing.
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 its organ in-charge.
　
Article 14 The administrative department for publication under the State Council shall, within 90 days as of the receipt of an application for 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 15 A 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 a publishing license. The detailed requirements for registration shall be prescribed by the administrative department for publication under the State Council.
The publishing entity shall, after having gone through the above-mentioned registration, go through another registration formality in the administrative department for industry and commerce by presenting the publishing license, and obtain the business license in accordance with the law.
　
Article 16 A newspaper office, periodical office, book publishing house, audio and video product publishing house or electronic publication publishing house, etc.
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