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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:
it without general distribution rights for publications. It may not appoint a work unit without publications wholesale right to wholesale publications or to act as publications wholesale agent. It may not appoint a work unit that is not a publications distribution work unit to distribute publications on its behalf.

  Article 29 A business work unit that enters into a publications wholesale market must submit samples of its publications to the wholesale market administration organization for examination and inspection before the sale of publications. The samples of publications submitted for examination and inspection must be the same as the publications being sold.

  Article 30 The press and publishing administrative departments of provinces, autonomous regions and municipalities directly under the central government, and national publishing and distribution industry associations, may apply to sponsor national publications ordering events and publications fairs.

  Publishing and distribution industry associations at the provincial level or above may apply to sponsor publications ordering events and publications fairs for regional publications. National publishing and distribution industry associations may apply to sponsor trans-provincial professional publications ordering events and publications fairs. Their subordinate professional committees may accept entrustment to undertake such events and fairs.

  Article 31 To hold a national publications ordering event or publications fair, the sponsoring work unit must apply to the General Administration of Press and Publishing for examination and approval at least six months in advance. The General Administration of Press and Publishing shall render a decision within two months of the date of receipt of the application, and shall notify the sponsoring work unit.

  To hold a regional or professional publications ordering event or publications fair, the sponsoring work unit must, on the strength of the relevant materials such as the event proposal, list of participating units, floor plan of the venue and list of members of the organization committee, report to the local press and publishing administrative department of the province, autonomous region or municipality directly under the central government for record filing one month before the event.

  Article 32 Publications distribution enterprises recognized by press and publishing administ

rative departments, education administrative departments and departments in charge of pricing at the provincial level and above by way of invitation of bids or other public and impartial methods may engage in the distribution of primary and secondary school textbooks. No other work units or individuals may engage in the business of distribution of primary and secondary school textbooks.

  Article 33 Publications distributed internally shall not be publicly promoted, displayed, shown or sold.

  Article 34 Publications imported for distribution must be imported by a publications import business work unit that has been established in accordance with the law. Newspapers and periodicals imported for distribution must be imported by publications import business work units designated by the General Administration of Press and Publishing.

  Article 35 Work units or individuals engaged in the business of distribution of publications must retain the relevant non-financial bills such as inventories of publications imported for distribution for two years or more for examination and inspection.

  Work units or individuals engaged in the business of distribution of publications must report the address and area of the storage facilities for the publications and the details of the administrators to the press and publishing administrative department that granted approval. If there are any changes to the address and area of the storage facilities for the publications or the details of the administrators, they must be reported to the press and publishing administrative department that granted approval for record filing within 15 days of the date of change.

  Article 36 Engagement in the storage, transportation and delivery of publications shall be subject to the supervision ad inspection of the press and publishing administrative departments.

  Article 37 No organization or individual may engage in the solicitation of orders, storage, transportation, mailing, delivery or distribution of, or include for free, publications listed in Article 24 hereof.

  Article 38 Work units and individuals engaged in the business of distribution of publications must truthfully submit statistical data in accordance with the PRC, Statistics Law, the General Administration of Press and Publishing, Administration of Press and Publishing Statistics Procedures and the relevant statistical systems stipulated by the State. They may not use any excuse to refuse to report, delay the report of, make a false or incomplete report of, or falsify or distort, the statistical data.

  Article 39 Work units and individuals engaged in the business of distribution of publications must provide the relevant data to designated databank administration work units according to the regulations of 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 40 Work units and individuals engaged in the business of distribution of publications shall carry out examination, verification and registration procedures in accordance with the regulations of the General Administration of Press and Publishing.

  PART FOUR PENAL PROVISIONS

  Article 41 Establishment of publications distribution work units or engagement in the business of distribution of publications without approval shall be punished in accordance with Article 55 of the Administration of Publishing Regulations.

  Article 42 Distribution of banned publications in violation of these Provisions shall be punished in accordance with Article 56 of the Administration of Publishing Regulations.

  Article 43 Distribution of publications that infringe on the copyright or exclusive right of publication of others in violation of these Provisions shall be punished in accordance with the provisions of the

PRC, Copyright Law and the PRC, Copyright Law Implementing Regulations.

  Article 44 In cases of distribution of illegal publications or publications the publication and printing or duplication and distribution of which has been prohibited by a press and publishing administrative department in violation of these Provisions, the press and publishing administrative department shall order cessation of the illegal act. The illegally distributed publications and the illegal income shall be confiscated. If the illegal business amount is Rmb 10,000 or more, a fine of not less than five times and not more than ten times the illegal business amount shall be imposed. If the illegal business amount is less than Rmb 10,000, a fine of not less than one time and not more than five times the illegal business amount shall be imposed. If the case is serious, it shall order suspension of business for rectification or the original permit issuing department shall revoke the permit.

  Article 45 In cases of violation of Article 24 hereof, at the same time of the imposition of the administrative penalties according to Articles 42, 43 and 44 hereof, the licence issuing work unit shall cancel the professional qualification certificates for publications distributor of the legal representative or the main person in charge and the directly responsible persons.

  Article 46 Distribution of primary and secondary school textbooks without statutory recognition shall be punished in accordance with Article 59 of the Administration of Publishing Regulations.

  Distribution of imported publications in violation of these Provisions shall be punished in accordance with Article 57 of the Administration of Publishing Regulations.

  Article 47 In case of any of the following acts, the press and publishing administrative department shall order cessation of the illegal act and shall issue a warning. The illegal income and illegally distributed publications shall be confiscated, and a fine of not less than Rmb 3,000 and not more than Rmb 30,000 shall be imposed:

  1. the distribution of internal informative publications;

  2. the assignment, or assignment in a disguised manner, of the general distribution rights for publications to a work unit without general distribution rights for publications;

  3. the sourcing of stock from a work unit that is not a publisher of publications or publications distribution work unit;

  4. violation of Paragraph Two of Article 28 hereof by a publisher;

  5. conducting business outside the scope or place of business approved by the press and publishing administrative department;

  6. participating in the sale or purchase of book numbers, serial numbers or publication numbers;

  7. sale, lending, leasing or assignment of a Publications Business Permit;

  8. failure to follow the examination, verification and registration procedures in accordance with provisions;

  9. unauthorized change of registered items;

  10. failure to file a record according to these Provisions for establishment of publications leasing work unit or engagement in the business of leasing of publications by other work units or individuals; or

  11. failure to file a record according to these Provisions for the sponsor of a regional or trans-provinci

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