出版管理条例 REGULATIONS ON PUBLICATION ADMINISTRATION

国务院令第210号
（Promulgated by Decree No. 210 of the State Council of the People's Republic of China on January 2， 1997）
颁布日期：19970102 　实施日期：19970201 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 These Regulations are formulated in accordance with the Constitution with a view to strengthening the administration of activities of publication， developing the socialist publication industry with Chinese characteristics and making it prosperous， safeguarding the rights of citizens to exercise freedom of the press in accordance with law and promoting the building of socialist spiritual civilization and material civilization.

　　Article 2 These Regulations shall be applicable to activities of publication within the territory of the People's Republic of China.

　　The activities of publication referred to in these Regulations include the publication and printing of publications or the duplication and distribution thereof.

　　The publications referred to in these Regulations mean newspapers， periodicals， books， audio-visual products and electronic publications， etc.

　　Article 3 The publication industry must persevere in the orientation of serving the people and socialism， persevere in taking Marxism-Leninism， Mao Zedong Thought and the theory of building socialism with Chinese characteristics as guidance， disseminate and accumulate any science， technology， culture and knowledge instrumental to the improvement of the quality of the nation， economic development and all-round progress of the society， develop and make the best possible use of fine national culture， promote international cultural exchanges and enrich and improve people's spiritual life.

　　Article 4 Whoever engaging in activities of publication should put social benefit first and realize optimal integration of social benefit and economic benefit.

　　Article 5 People's governments at all levels shall protect the rights of citizens to exercise freedom of the press in accordance with law.

　　While exercising rights of freedom of the press， citizens must abide by the Constitution and law， must not oppose the basic principles prescribed by the Constitution and must not harm national， societal and collective interests or the lawful freedom and rights of other citizens.

　　Article 6 The department of publication administration under the State Council shall practise supervision over and administration of activities of publication throughout the country. Other departments of administration concerned under the State Council shall， in accordance with the division of responsibilities determined by the State Council， supervise and administer related activities of publication.

　　The division of responsibilities and powers of the departments of administration concerned of the local people's governments at the county level and above in the supervision over and administration of the activities of publication in their respective administrative areas shall be determined by the people's governments of provinces， autonomous regions and municipalities directly under the Central Government.

　　Article 7 National societies of the publication industry shall practise self-disciplined management in accordance with their respective constitutions under the guidance of the department of publication administration under the State Council.

　　Chapter II Establishment and Management of Publication Units

　　Article 8 Newspapers， periodicals， books， audio-visual products and electronic publications etc. shall be published by publication units.

　　The publication units referred to in these Regulations include newspaper offices， periodical offices， book publishing houses， audio-visual publishing houses and electronic publications publishing houses etc.

　　For legal persons publishing newspapers or periodicals without establishing newspaper offices or periodical offi

ces， the newspaper editorial departments or periodical editorial departments set up by them shall be construed as the publication units.

　　Article 9 The department of publication administration under the State Council shall formulate plans for the total amount， structure and distribution of publication units throughout the country， guide and coordinate the development of the publication indusry.

　　Article 10 Establishment of a publication unit should have the following qualifications：

　　（1） having a name and constitution for the publication unit；

　　（2） having a host unit and its necessary higher competent organ in compliance with the acknowledgement of the department of publication administration under the State Council；

　　（3） having defined business scope；

　　（4） having a registered capital of over RMB 300，000 Yuan；

　　（5） having a fixed workplace；

　　（6） having an organization which meets the requirements of its business scope and professional personnel in editing and publication in compliance with the prescribed qualifications of the State.

　　In addition to the qualifications listed in the afore-said paragraph， examination of and approval for the establishment of a publication unit should like wise comply with the plans for the total amount， structure and distribution of publication units.

　　Article 11 For the establishment of a publication unit， the host unit shall apply to the department of publication administration of the people's government of the province， or autonomous region or municipality directly under the Central Government of the locality wherein it is located with a letter of application which shall be submitted to the department of publication administration under the State Council for examination and approval upon the examination， verification and agreement of the department of publication administration of the people's government of the province， or autonomous region or municipality directly under the Central Government.

　　Article 12 The letter of application for the establishment of a publication unit shall contain the following particulars：

　　（1） Name and address of the publication unit；

　　（2） Names and addresses of the host unit of the publication unit and its necessary higher competent organ；

　　（3） Name and address of the main person-in-charge or the legal representative of the publication unit and certificates of qualifications；

　　（4） The source and amount of fund of the publication unit.

　　Whoever establishing a newspaper office or periodical office， and newspaper editorial department or periodical editorial department， his or her letter of application shall likewise carry the name， duration of publication， format of page or of magazine and location of printing of the newspaper or periodical.

　　The letter of application should be appended with the constitution of the publication unit and relevant certification materials of the host unit for the establishment of the publication unit and its necessary higher competent organ.

　　Article 13 The department of publication administration under the State Council shall， within 180 days starting from the date of the receipt of the letter of application for the establishment of a publication unit， make a decision on the approval or non-approval of the same and the department of publication administration of the people's government of the province， or autonomous region or municipality directly under the Central Government shall inform the host unit in writing； reasons shall be given for non-approval.

　　Article 14 The host unit for the establishment of a publication unit shall， within 60 days starting from the date of the receipt of the notification of the decision on the approval of the department of publication administration under the State Council， enter into registration at the department of publication administra

tion of the people's government of the province， or autonomous region or municipality directly under the Central Government in which it is located and obtain a publication permit. Particulars relating to registration shall be worked out by the department of publication administration under the State Council.

　　Upon registration， the publication unit shall， on the strength of the publication permit， obtain a business licence from the department of industry and commerce administration in accordance with law.

　　Article 15 A newspaper office， periodical office， book publishing house， audio-visual publishing house or electronic publication publishing house should have the qualification of a legal person， obtain the status of a legal person upon approval and registration and undertake independent civil responsibility with its total corporate property.

　　In accordance with the provisions of Paragraph 3 of Article 8 of these Regulations， newspaper editorial departments or periodical editorial departments construed as publication units do not have the qualification of a legal person and their civil responsibility shall be borne by the host units.

　　Article 16 New procedures for examination and approval shall be gone through in accordance with the provisions of Articles 11 and 12 of these Regulations for changes in name， the host unit or its necessary higher competent organ and business scope， amalgamation or separation， publication of new newspapers or periodicals or changes in the name of the newspaper or periodical and duration.

　　For other changes in addition to those listed in the preceding paragraph， the publication unit shall， upon the examination and approval of the host unit and its necessary higher competent organ， apply to the department of publication administration

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