出版物市场管理规定（修正） Administration of the Publications Market Provisions (Revised)

（Promulgated by the General Administration of Press and Publishing on 16 July 2003， revised according to the >Decision> on 16 June 2004 and effective as of 1 July 2004.）

颁布日期：20040616 　实施日期：20040701 　颁布单位：新闻出版总署

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Provisions are formulated in accordance with the Administration of Publishing Regulations and the relevant laws and administrative regulations in order to standardize the distribution activities of publications and the supervision and administration thereof， to establish a nationally unified， open， competitive and orderly publications market system， and to develop a socialist publishing industry.

　　Article 2　These Provisions shall apply to the distribution activities of publications and the supervision and administration thereof.

　　For the purposes of these Provisions， the term “publications” refers to newspapers， periodicals， books and electronic publications， etc.

　　For the purposes of these Provisions， the term “distribution” includes activities such as general distribution， wholesale， retail and leasing， and exhibition for sale， etc.

　　For the purposes of these Provisions， the term “general distribution” refers to the unified exclusive sale of publications by a publications general distribution work unit.

　　For the purposes of these Provisions， the term “wholesale” refers to the sale of publications to other publication business operators.

　　For the purposes of these Provisions， the term “retail” refers to the sale of publications direct to consumers.

　　For the purposes of these Provisions， the term “leasing” refers to the provision of publications to readers on receipt of a rental fee.

　　For the purposes of these Provisions， the term “exhibition for sale” refers to the collective exhibition， sale of， or order for， publications in a fixed place or in a fixed manner for a certain period.

　　Article 3　The State shall implement a licensing system for distribution of publications. No work unit or individual may engage in the distribution of publications without permission.

　　Publications distribution work units established in accordance with the law and individuals approved to engage in the business of distribution of publications may distribute publications in accordance with the law， and no work unit or individual shall interfere with such activities unless in accordance with the provisions of law.

　　Article 4　The General Administration of Press and Publishing shall be responsible for the supervision and administration work of distribution activities of publications throughout the country and the formulation of a national development plan for the publications distribution industry.

　　The press and publishing administrative departments of provinces， autonomous regions and municipalities directly under the central government shall be responsible for the supervision and administration work of distribution activities of publications within their administrative region and shall formulate development plans for the publications distribution industry in their own province， autonomous region or municipality directly under the central government.

　　Press and publishing administrative departments of the people‘s governments of all levels below the provincial level shall be responsible for the supervision and administration work of distribution activities of publications within their administrative region.

　　Article 5　The plans for establishment of publications distribution points formulated by the General Administration of Press and Publishing and the press and publishing administrative departments of provinces， autonomous regions and municipalities directly under the central government must be scientifically proven and shall abide by the principles of lawfulness and impartiality， practicality and promoti

on of development.

　　The plans for establishment of publications distribution points formulated by the press and publishing administrative departments of provinces， autonomous regions and municipalities directly under the central government must be examined and verified， and consented to by the General Administration of Press and Publishing， reported to the people‘s government at that level for approval， and promulgated within their administrative region； otherwise， they may not be used as the basis for examination and approval of publications distribution work units.

　　PART TWO　ESTABLISHMENT OF PUBLICATIONS DISTRIBUTION WORK UNITS

　　Article 6　When establishing publications general distribution enterprises or when other work units engage in the business of general distribution of publications， the following conditions shall be fulfilled：

　　1. having a determined enterprise name and scope of business；

　　2. the main line of business shall be distribution of publications；

　　3. having distribution personnel suitable for the business of general distribution of publications， the legal representative or main person in charge shall have the professional qualifications for publication distributor at higher level or above， or professional technical qualifications related to the profession of distribution of publications at intermediate level or above that are recognized by the General Administration of Press and Publishing；

　　4. having the equipment and a fixed place of business commensurate with the business of general distribution of publications， and the commercial area of the place of business shall not be less than 1，000 square metres；

　　5. having a registered capital of not less than Rmb 20 million； and

　　6. having the corresponding computer administration conditions and a sound management system.

　　Article 7　When applying to establish a publications general distribution enterprise or when other work units apply to engage in the business of general distribution of publications， the work unit must submit the application materials specified in Paragraph Two of this Article to the General Administration of Press and Publishing. The General Administration of Press and Publishing shall decide whether or not to approve the application within 20 working days of the date of receipt of the application materials， and shall notify the applicant in writing thereof. If the application is approved， the General Administration of Press and Publishing shall issue a Publications Business Permit， and the applicant shall obtain a business licence from the administration for industry and commerce on the strength of the Publications Business Permit in accordance with the law. If the application is rejected， the reasons therefor shall be stated.

　　The application materials shall include the following written materials：

　　1. an application form stating the name and address of the work unit， the name and domicile of the legal representative or the main person in charge， and the source and amount of capital， etc.；

　　2. the organizational structure and the articles of association；

　　3. proof of creditworthiness for the registered capital；

　　4. details of the business premises and proof of the right to use；

　　5. proof of identity of the legal representative or the main person in charge；

　　6. professional or technical qualification certificates of the legal representative or the main person in charge； and

　　7. supporting documents for the corresponding computer administration conditions.

　　Article 8　When establishing a publications wholesale enterprise or when other work units engage in the publications wholesale business， the following conditions shall be fulfilled：

　　1. having a determined enterprise name and scope of business；

　　2. having the distribution personnel suitable for publications

wholesale business， the legal representative or main person in charge shall have the professional qualifications for publication distributor at intermediate level or above， or professional technical qualifications related to the profession of distribution of publications at intermediate level or above that are recognized by the General Administration of Press and Publishing；

　　3. having the equipment and a fixed place of business commensurate with the publications wholesale business. The commercial area of single shops in a wholesale market shall not be less than 50 square metres and that of independent places of business shall not be less than 500 square metres；

　　4. having a registered capital of not less than Rmb 2 million； and

　　5. having the corresponding computer administration conditions.

　　Article 9　When applying to establish a publications wholesale enterprise or when other work units apply to engage in the publications wholesale business， the work unit must submit the application materials specified in Paragraph Three of this Article to the press and publishing administrative department at the municipal level of the place where it is located. The press and publishing administrative department at the municipal level shall issue an examination and verification opinion within 20 working days of the date of acceptance of the application， and shall submit the same together with the application materials to the press and publishing administrative department of the province， autonomous region or municipality directly under the central government for examination and approval.

　　The press and publishing administrative department of the province， autonomous region or municipality directly under the central government shall decide whether or not to approve the ap

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