Administrative Regulations on Publication (Revised in 2011)
Administrative Regulations on Publication (Revised in 2011)
Administrative Regulations on Publication (Revised in 2011)
Order of the State Council No. 594
March 19, 2011
(Promulgated by Order of the State Council No. 343 on December 25, 2001 and revised pursuant to the Decision of the State Council on Revising the Administrative Regulations on Publication on March 19, 2011)
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Constitution for the purpose of strengthening the administration of publishing activities, developing and promoting the socialist publishing industry and publishing cause with Chinese characteristics, safeguarding the lawful exercise by citizens of their right of freedom of the press, and promoting the construction of socialist spiritual and material civilizations.
Article 2 These Regulations shall apply to the publishing activities conducted in the territory of the People's Republic of China.
Publishing activities referred to in these Regulations include the publishing, printing or reproduction, importation and distribution of publications.
Publications referred to in these Regulations mean newspapers, periodicals, books, audiovisual products, electronic publications, etc.
Article 3 The publishing activities shall persist in the direction of serving the people and socialism, uphold Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of Three-Represents as its guiding ideology, disseminate and accumulate all the scientific, technological and cultural knowledge that is beneficial to the improvement of national quality, the development of the economy and the all-round progress of the society, carry forward the splendid accomplishments of national culture, facilitate international cultural exchanges, enrich and improve the cultural life of the people.
Article 4 Anyone who engages in publishing activities shall give social benefits first priority, and achieve a combination of social benefits and economic returns.
Article 5 Where a citizen exercises the right of freedom of the press pursuant to law, the people's governments at all levels shall provide protection and guarantee.
A citizen, when exercising the right of freedom of the press, shall abide by the Constitution and the law, and shall not oppose the basic principles established by the Constitution or prejudice the interests of the State, the society or the collective, or the lawful freedom and rights of other citizens.
Article 6 The competent publication administrative department of the State Council shall be responsible for the supervision and administration of publishing activities nationwide. Other relevant departments of the State Council shall be responsible for the supervision and administration of relevant publishing activities to the extent of their respective functions and responsibilities stipulated by the State Council.
The competent publication administrative department of the local people's government at or above county level (hereinafter referred to as competent publication administrative department) shall be responsible for the supervision and administration of publishing activities within its own administrative area. Other administrative departments of the local people's government at or above county level shall be responsible for the supervision and administration of relevant publishing activities within the limits of their respective functions and responsibilities.
Article 7 A competent publication administrative department may, when investigating and dealing with suspected illegal activities of publication, printing or reproduction, importation and distribution of the publications based on the obtained evidence or report of the suspected illegal activities, inspect the articles and business places relating to the suspected illegal activities; and may seal up or detain articles that are proved by evidence to relate to the illegal activities.
Article 8 The social organization of the publishing industry shall carry out self-regulation in conformity with the articles of association and under the guidance of the competent publication administrative department.
Chapter II Establishment and Administration of Publishing Units
Article 9 Newspapers, periodicals, books, audiovisual products, electronic publications, etc. shall be published by publishing units.
Publishing units referred to in these Regulations include newspaper offices, periodical offices, book publishing houses, audiovisual publishing houses, publishing houses of electronic publications, etc.
Where a legal person publishes a newspaper or a periodical without setting up a newspaper office or periodical office, the editorial department established by the legal person for the newspaper or periodical shall be deemed to be a. publishing unit.
Article 10 The competent publication administrative department of the State Council shall make plans for the total number, structure and distribution of publishing units nationwide and guide and coordinate the development of the publishing industry and publishing cause.
Article 11 For establishment, a publishing unit shall meet the following conditions:
1. have a name and the articles of association of the publishing unit;
2. have a sponsoring unit which is recognized by the competent publication administrative department of the State Council, and the competent authority;
3. have a well-defined scope of business;
4. have a registered capital of more than CNY300, 000 and a fixed premise;
5. have an organizational structure which meets the needs of its scope of business and editorial and publishing professionals conforming to qualifications stipulated by the State; and
6. other requirements prescribed by the laws and administrative regulations.
In addition to the conditions listed in the preceding paragraph, the approval of the establishment of a publishing unit shall also accord with the plan of the State for the total number, structure and distribution of publishing units.
Article 12 To establish a publishing unit, the sponsoring unit shall make an application to the competent publication administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located; the said competent publication administrative department shall, upon examination and consent, submit the same to the competent publication administrative department of the State Council for examination and approval. Where the publishing unit is to be established as a public institution, examination and approval formalities for institutional staffing shall be gone through.
Article 13 The application for the establishment of a publishing unit shall specify the following particulars:
1. the name and address of the publishing unit;
2. the names and addresses of the sponsoring unit of the publishing unit and of the competent authority;
3. the name, address and qualification documents of the legal representative or major responsible person of the publishing unit; and
4. the source and amount of funds of the publishing unit.
Where a newspaper office, periodical office or an editorial department for a newspaper or periodical is to be set up, the application shall also specify the name, number of issues, format or size of the newspaper or periodical and the printing place of the newspaper or periodical.
The application shall also contain articles of association of the publishing unit and relevant certification documents from the sponsoring unit which will establish the publishing unit and its competent authority.
Article 14 The competent publication administrative department of the State Council shall make a decision of approval or disapproval within 60 (sixty) days from the date of receipt of the application for the establishment of a publishing unit, and the competent publication administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government shall inform the sponsoring unit of the decision in writing; reasons shall be given where a decision of disapproval is made.
Article 15 The sponsoring unit establishing a publishing unit shall, within 60 days from the date of receipt of the information on the approval decision of the competent publication administrative department of the State Council, register with the competent publication administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located to obtain a publishing permit. Particulars of registration shall be stipulated by the competent publication administrative department of the State Council.
After the publishing unit collects its publishing permit, in the case of a public-institution legal person, it may register with the public institution registration administration on the strength of its publishing permit and legally collects its legal person license for public institution; in the case of a corporate legal person, it may register with the administrative department of industry and commerce on the strength of its publishing permit and legally collects its business license.
Article 16 A newspaper office, periodical office, book publishing house, audiovisual publishing house or publishing house of electronic publications, etc. shall satisfy the requisite conditions of a legal person, obtain the qualifications of a legal person through verification and registration, and undertake civil liabilities independently with all its legal person property.
The editorial department for a newspaper or a periodical which is deemed to be a publishing unit in accordance with the provisions of the third paragraph of Article 9 of these Regulations does not have the qualifications of a legal person, and its civil liabilities shall therefore be undertaken by its sponsoring unit.
Article 17 Where the name, the sponsoring unit or the competent authority, the business scope, or the capital structure of a publishing unit changes, or the unit carries out merger or separation, establishes a branch, or publishes a new newspaper or a new periodical, or where a newspaper or a periodical changes its name, it shall go through the procedures of examination and approval in accordance with the provisions of Articles 12 and 13 of these Regulations.
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