出版物市场管理规定(修正) Administration of the Publications Market Provisions (Revised)
2009-03-24 法律英语 来源:互联网 作者: ℃Article 16 Establishment of Sino-foreign equity joint ventures, Sino-foreign cooperative joint ventures and foreign enterprises that engage in the distribution of books, newspapers and periodicals shall be handled in accordance with the Administration of Foreign-invested Books, Ne
wspapers and Periodicals Distribution Enterprises Procedures formulated by the General Administration of Press and Publishing and the Ministry of Foreign Trade and Economic Cooperation.
Article 17 Applications for establishment of enterprises that engage in the business of distribution of publications through information networks such as the internet, and applications of other work units for engaging in the business of distribution of publications through information networks such as the internet shall be handled in accordance with Articles 8 and 9 hereof.
Publications general distribution enterprises and publications wholesale enterprises may engage in the business of distribution of publications through information networks such as the internet without examination and approval.
Article 18 Applications for setting up book clubs, reading clubs or other similar organizations that enrol members in the local province, autonomous region or municipality directly under the central government and applications of publishers for setting up book clubs, reading clubs or other similar organizations for distribution of their own publications shall be handled in accordance with Articles 10 and 11 hereof.
Applications for setting up book clubs, reading clubs or other similar organizations that enrol members across provinces, autonomous regions or municipalities directly under the central government shall be handled in accordance with Articles 8 and 9 hereof.
Publications general distribution enterprises and publications wholesale enterprises may set up book clubs, reading clubs or other similar organizations, and publications retail enterprises may set up book clubs, reading clubs or other similar organizations that enrol members in their local province, autonomous region or municipality directly under the central government without examination and approval.
Article 19 When establishing a publications wholesale market, the following conditions shall be fulfilled:
1. having an adequate, fixed place for centralized business by wholesale work units with a commercial area of not less than 5,000 square metres;
2. the business work units entering into the wholesale market must be publications distribution enterprises with publications wholesale right;
3. having sound market administration organization and regulatory systems;
4. having basic office, storage, transportation and communications facilities that can provide the necessary services to the business work units;
5. be capable of implementing unified overall computer administration of the market administration organization and the business work units; and
6. other conditions stipulated by laws, regulations and rules.
Article 20 Distribution enterprises reorganized from the distribution departments of publishers may engage in the general distribution of their own publications, but they must handle the procedures in accordance with Articles 6 and 7 hereof.
Publications distribution enterprises established by publishers that wholesale or retail the publications of other publishers must handle the procedures in accordance with Articles 8 and 9 or Articles 10 and 11 hereof.
Publishers may set up distribution branches without legal person status to distribute their own publications. The publisher must, on the strength of the relevant materials such as a photocopy of the Publications Business Permit issued by the General Administration of Press and Publishing, the address of the branch to be established and the particulars of the personnel, report to the local press and publishing administrative department of the province, autonomous region or municipality directly under the central government of the place where the branch is located within 15 days after the branch is established. The establishment of a branch shall comply with the local plan for publi
cations distribution.
Article 21 In case of changes to the name or scope of business of publications distribution work units, merger with other publications distribution work units, new publications distribution work units established as a result of merger or division, and change of address due to movement beyond the administrative region of the approval department, approval procedures must be handled in accordance with these Provisions.
Changes to other registered items of publications distribution work units shall be reported to the press and publishing administrative department that granted approval for record filing after handling the corresponding procedures with the administration for industry and commerce that handled the original registration.
Publications distribution work units that terminate operation due to suspension of operation, being shut down, bankruptcy or other reasons must cancel their registration with the press and publishing administrative department that granted approval and return their business licence.
Article 22 When establishing a publications general distribution enterprise, publications wholesale enterprise, publications retail enterprise, or when other work units or individuals engage in the business of general distribution, wholesale or retail of publications, the work unit or individual shall, apart from fulfilling the conditions specified in Articles 6, 8 and 10 hereof, conform to 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.
Article 23 Press and publishing administrative departments shall examine the application materials of applicants in a timely manner. If they discover that the application materials are incomplete, they shall specifically notify the applicant of all the materials required to be supplemented and corrected within five working days of the date of receipt of the application materials. If they fail to notify the applicant within the time limit, the application materials shall be deemed to have been accepted as of the date of receipt thereof.
PART THREE ADMINISTRATION OF DISTRIBUTION ACTIVITIES OF PUBLICATIONS
Article 24 No organization or individual may distribute the following publications:
1. banned publications containing prohibited contents specified in Articles 26 and 27 of the Administration of Publishing Regulations;
2. various kinds of illegal publication, including: publications published, printed or duplicated without approval, publications that forge or counterfeit the name of a publisher, newspaper or periodical, illegally imported publications, publications published by selling or purchasing book numbers, serial numbers or publication numbers;
3. publications that infringe on the copyright or exclusive right of publication of another party; or
4. publications the publication and printing or duplication and distribution of which has been explicitly prohibited by a press and publishing administrative department.
Article 25 Internal informative publications shall be distributed free of charge within the relevant system, industry or work unit. They shall not be distributed by any organization or individual.
Article 26 Work units and individuals engaged in the business of distribution of publications shall abide by the following provisions:
1. they may not source stock from work units that are not publishers of publications or publications distribution work units;
2. they may not participate in the sale or purchase of book numbers, serial numbers or publication numbers in any manner;
3. they may not engage in business outside the scope and place of business approved by the press and pub
lishing administrative department;
4. they may not post or disseminate order or subscription forms, advertisements or publicity pictures with content prohibited by laws and regulations or with duplicitous language;
5. they may not engage in tie-in sale of publications or hard selling of publications;
6. they may not alter without authorization the copyright page of publications; and
7. the Publications Business Permit shall be displayed in a prominent place in the business premises. Such Permit may not be altered or reproduced, or sold, lent, rented or transferred in any manner.
Article 27 Publications distribution work units shall establish a vocational training system and shall, according to the Labour Law, the occupation category determined by the State and the vocational skill standards for publication distributors, organize the employees of the work unit to participate in the appraisal and assessment of vocational skills implemented by appraisal and assessment institutions that are approved by the labour administrative department of the State.
Article 28 A publisher shall have general distribution rights for its own publications.
When a publisher appoints a publications general distribution work unit to distribute publications on its behalf, a unified Power of Attorney for Distribution of Publications shall be used. It may not assign, or assign in a disguised manner, the general distribution rights for publications to a work un
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