AsianLII [Home] [Databases] [WorldLII] [Search] [Feedback]

Laws of the People's Republic of China

You are here:  AsianLII >> Databases >> Laws of the People's Republic of China >> REGULATIONS ON THE ADMINISTRATION OF THE PRINTING INDUSTRY

[Database Search] [Name Search] [Noteup] [Help]


REGULATIONS ON THE ADMINISTRATION OF THE PRINTING INDUSTRY

Category  CULTURE Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1997-03-08 Effective Date  1997-05-01  

Regulations on the Administration of the Printing Industry



Chapter I  General Provisions
Chapter II  Establishment of Printing Enterprises
Chapter III  Printing of Publications
Chapter IV  Printing of Printed Matters for Packaging and Decoration
Chapter V  Printing of Other Printed Matters
Chapter VI  Penalty Provisions
Chapter VII  Supplementary Provisions

(Promulgated by Decree No. 212 of the State Council of the People's

Republic of China on March 8, 1997)
Chapter I  General Provisions

    Article 1  These Regulations are formulated with a view to strengthening
the administration of the printing industry, safeguarding the legitimate
rights and interests of the operators of the printing industry and the
public interest of society and promoting socialist material civilization
and spiritual civilization.

    Article 2  These Regulations apply to the printing operations of
publications, printed matters for packaging and decoration and other printed
matters.

    The publications referred to in these Regulations include newspapers,
periodicals, books, maps, new year paintings, pictures, calendars, pictorial
albums as well as the decorative covers of audio-visual products and
electronic publications.

    The printed matters for packaging and decoration referred to in these
Regulations include trademark signs, colour packaging boxes(bags), paper
packages, printed iron cans and advertising publicity materials with
introduction of products as their contents, etc.

    The other printed matters referred to in these Regulations include
documents, materials, diagrams and tables, vouchers and name cards, etc.

    The printing operations referred to in these Regulations mean type
setting, plate making, printing, binding and mounting, duplicating,
photocopying and typing, etc.

    Article 3  Operators of the printing industry must comply with the
relevant laws, regulations and other rules of the State concerning the
administration of the printing industry, improve quality and continuously
satisfy the requirements of society.

    Printing of publications, printed matters for packaging and decoration
and other printed matters containing reactionary, obscene and superstitious
contents and such other contents the printing of which are categorically
prohibited by the orders of the State is banned.

    Article 4  The department of information and publication administration
under the State Council shall be responsible for the supervision and
control of the printing industry pursuant to the provisions of these
Regulations; among which the supervision and control of the printing
operations of printed matters for packaging and decoration shall be the
responsibility of the organs authorized by the State Council. The department
of public security and the department of industry and commerce administration
under the State Council shall be responsible for the supervision and control
of the printing industry within their respective domain of responsibilities.

    The departments of administration responsible for information and
publications and printed matters for packaging and decoration of local
people's governments at or above the county level and their responsibilities
shall be determined by the people's governments of provinces, autonomous
regions and municipalities directly under the Central Government.

    Article 5  Social institutions of the printing industry shall exercise
self-disciplined management in accordance with their constitutions and
under the guidance of competent departments.
Chapter II  Establishment of Printing Enterprises

    Article 6  The State practises licensing system of printing operations.
Any unit and individual shall not engage in printing operations without
approval.

    Article 7  The establishment of a printing enterprise requires the
following qualifications:

    (1) name of the enterprise and its constitution;

    (2) defined business scope;

    (3) site of production operations and such conditions for production
operations as the necessary equipment;

    (4) organization and personnel which meet the requirements of its business
scope; and

    (5) other conditions prescribed by relevant laws and regulations.

    Examination and approval of the establishment of a printing enterprise
shall, in addition to the provisions of the preceding paragraph, comply with
the State plan concerning the aggregate, structure and distribution of
printing enterprises.

    Article 8  For the establishment of a printing enterprise for
publications, an application shall be submitted to the department of
information and 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 to be located and a license for
printing publications obtained upon examination and approval, and an
application submitted to the department of public security in accordance with
the relevant provisions of the State on presentation of the license for
printing publications and upon verification, approval and obtaining the
license for special trade, an application submitted to the department of
industry and commerce administration for registration on presentation of the
license for printing publications and the license for special trade and
publications can be printed only upon obtaining the business license.

    Article 9  For the establishment of a printing enterprise for printed
matters for packaging and decoration, an application shall be submitted to the
department of administration of printed matters for packaging and decoration
designated by the people's government of the province, or autonomous region,
or municipality directly under the Central Government of the locality wherein
it is to be located and a license for printing printed matters for packaging
and decoration obtained upon examination and approval, and an application
submitted to the department of public security in accordance with the relevant
provisions of the State on presentation of the license for printing printed
matters for packaging and decoration and the license for special trade
obtained upon examination and approval, and an application submitted to the
department of industry and commerce administration on presentation of the
license for printing printed matters for packaging and decoration and the
license for special trade for registration and printed matters for packaging
and decoration can be printed only upon obtaining the business license.

    Article 10  For the printing enterprise already established for printed
matters for packaging and decoration to apply for concurrent printing
operations of publications, an application shall be submitted to the
department of information and publication administration of the province,
or autonomous region, or municipality directly under the Central Government
of the locality wherein it is located and the license for printing
publications obtained upon examination and approval, and an application
submitted to the department of public security and the department of industry
and commerce administration in accordance with the relevant provisions of the
State for change in registration and printing of publications can only be
undertaken upon verification and approval.

    Article 11  For the printing enterprise already established for
publications to apply for concurrent printing operations of printed matters
for packaging and decoration, an application shall be submitted to the
department of administration of printed matters for packaging and decoration
designated by the people's government of the province, or autonomous region,
or municipality directly under the Central Government of the locality wherein
it is located, and the license for printing printed matters for packaging and
decoration obtained upon examination and approval, an application submitted to
the department of public security and the department of industry and commerce
administration in accordance with the relevant provisions of the State for
change in registration and printing of printed matters for packaging and
decoration can only be undertaken upon verification and approval.

    Article 12  Any enterprise or individual applying for printing operations
of other printed matters shall submit an application to the department of
information and publication administration of the local people's government
at or above the county level of the locality wherein it or he or she is
located and obtain the license for printing other printed matters upon
examination and approval, and submit an application to the department of
public security in accordance with the relevant provisions of the State on
presentation of the license for printing other printed matters and obtain the
license for special trade upon examination and approval, and submit an
application to the department of industry and commerce administration on
presentation of the license for printing other printed matters and the license
for special trade for registration and operations can only be started on
obtaining the business license.

    Printing enterprises having obtained the license for printing publications
or the license for printing printed matters for packaging and decoration
can engage in printing operations of other printed matters prescribed by
these Regulations.

    Article 13  Establishment of Chinese-foreign equity joint ventures and
Chinese-foreign contractual joint ventures for the printing of publications or
other printed matters should complete other formalities according to law upon
the consent of the department of information and publication administration of
the people's government of the province, or autonomous region or municipality
directly under the Central Government of the locality wherein the said
enterprise is to be located and upon examination and approval by the
department of information and publication administration under the State
Council after the application is submitted.

    Article 14  Establishment of Chinese-foreign equity joint ventures and
Chinese-foreign contractual joint ventures for the printing of printed matters
for packaging and decoration should go through other formalities according to
law upon the consent of the department of administration of printed matters
for packaging and decoration designated by the people's government of the
province, or autonomous region or municipality directly under the Central
Government of the locality wherein the said enterprise is to be located and
upon examination and approval by the organ authorized by the State Council
after the application is submitted.

    Article 15  Establishment of all categories of printing enterprises
with sole foreign capital and business operations shall be prohibited.

    Article 16  Change in major particulars in registration, suspension of
operations, change of trade, amalgamation, separation or shifting by an
operator of the printing industry shall go through examination and approval
by the original department of examination and approval, and go through
change in registration or revocation of registration in the department of
public security and the department of industry and commerce administration
where the registration was originally processed.

    Article 17  Establishment of an internal printing press by a unit shall,
upon completing the formalities of registration in the department of
information and publication administration and the department of security
of the local people's government at or above the county level of the locality
wherein it is located, submit the same to the department of public security
for the record in accordance with the relevant provisions of the State and it
shall not engage in printing business operations; those engaging in printing
business operations should go through formalities pursuant to the provisions
of this Chapter.

    Article 18  The provisions of this Chapter apply to such single item of
printing business operations as type setting, plate making, binding and
mounting, duplicating, photocopying and typing.
Chapter III  Printing of Publications

    Article 19  The State encourages the printing enterprises of publications
in the timely printing of publications embodying the latest achievements in
cultures of excellence at home and abroad, in attaching importance to the
printing of best quality valuable academic works of traditional culture, in
the improvement of printing quality and correct use of the language of the
motherland.

    Article 20  The printing enterprises of publications shall not print
publications the publication of which are categorically prohibited by the
State and print publications published by non-publishing units.

    Article 21  Printing contract system shall be practised in the printing
of publications. A printing contract should be signed between the unit
entrusting the printing and the printing enterprise taking the order in
accordance with the relevant provisions of the State in printing each and
every type of publication.

    Article 22  In taking an order from a publishing unit entrusting the
printing of books and periodicals, the printing enterprise must examine,
verify and keep the letter of authority for the printing of books and
periodicals with the stamp of the publishing unit affixed thereon; in
taking an order from a publishing unit entrusting the printing of a
newspaper, the printing enterprise must examine and verify the certificate
of registration for newspapers; in taking an order from a publishing unit
entrusting the printing of supplements to newspapers and periodicals, the
printing enterprise must, in addition to the examination and verification
of the certificate of registration, examine and verify the approval document
or permit for printing of the department of information and publication
administration.

    Article 23  In taking an order for the printing of publications with
internal materials, the printing enterprise must examine and verify the permit
for printing issued by the department of information and publication
administration of the people's government of the province, or autonomous
region or municipality directly under the Central Government.

    Article 24  In trans-provincial, trans-autonomous regional and
trans-municipal printing of publications, the printing enterprise must, in
addition to the examination and verification of the approval document issued
by the department of information and publication administration of the
people's government of the province, or autonomous region, or municipality
directly under the Central Government of the locality where the unit
entrusting the printing is located, examine and verify the permit for printing
issued by the department of information and publication administration of the
people's government of the province, or autonomous region or municipality
directly under the Central Government of the locality where the said printing
enterprise is located.

    Article 25  In taking an order for the printing of external publications,
the printing enterprise must, on presentation of legal certificate of
copyright, be subjected to the approval of the department of information and
publication administration of the people's government of the province, or
autonomous region or municipality directly under the Central Government; the
publications printed must be shipped out of the country in entirety and must
not be sold inside the country.

    Article 26  The unit entrusting the printing must, in accordance with
the relevant provisions of the State, carry the name and address of the
publishing unit, book number, periodical number or edition number, date of
publication or duration of the periodical, real name and address of the
printing enterprise taking the order, as well as other relevant particulars on
the publication the printing of which has been entrusted.

    Article 27  The printing enterprise taking the order must not sell,
print additional number of copies without authorization or accept the
entrustment of a third person in printing additional number of copies
of the publication the printing of which has been entrusted and must not
engage in pirate printing of the publication.

    Article 28  The printing enterprise taking the order must not let, lend,
sell or transfer in any other form the paper mold and printing films of the
publication the printing of which has been entrusted to other units or
individuals.

    Article 29  The printing enterprises must not engage in compilation,
printing, collection of subscriptions and distribution of publications, and
must not print and sell publications in forging or pirating other people's
names.
Chapter IV  Printing of Printed Matters for Packaging and Decoration

    Article 30  The printing enterprises of packaging and decoration must
not print counterfeit or forged trademark signs and printed matters of
commodity packaging and decoration of others, and must not print such
publicity materials as false advertisements and directions which might
be misleading to the consumer.

    Article 31  In taking orders for the printing of advertisements and
publicity materials with introduction of products as their contents, the
printing enterprises must, in accordance with the relevant provisions of
the State, examine and verify the permit for printing issued by the
department of administration of printed matters for packaging and decoration,
and examine and verify the business license and the certification of
qualification for advertising operations of the unit entrusting the
printing.

    Article 32  Printing of trademark signs shall be carried out pursuant to
the relevant provisions of trademark printing management of the State.

    Article 33  The printing enterprise taking the orders for the printing
of printed matters for packaging and decoration should deliver in entirety
the finished products, semi-finished products, waste products it has printed
and the plates, paper molds, films and original scripts to units entrusting
the printing and must not keep the same on their own.

    Article 34  Any unit taking orders for the printing of printed matters
for packaging and decoration from outside the country must be subjected to
the examination and verification of the department of administration of
printed matters for packaging and decoration designated by the people's
government of the province, autonomous region and municipality directly
under the Central Government of the locality wherein it is located; the
printed matters for packaging and decoration printed must be shipped out of
the country in entirety and must not be distributed inside the country.
Chapter V  Printing of Other Printed Matters

    Article 35  Printing of classified documents, materials, diagrams and
tables shall be handled in accordance with the provisions of the State
concerning the control of the duplication of carriers of State secrets.

    Article 36  For the printing of notices, announcements, work identity
cards for major events, passes, vouchers and coupons in circulation for
use in society, the unit entrusting the printing of the same must produce
the certificate of the competent department and go through the formalities
for the permit for printing at the department of public security of the
locality wherein the printing enterprise taking the orders is located
in accordance with the relevant provisions of the State, and the same
shall be printed in the designated printing enterprises.

    For the printing of such special-purpose printed articles as vouchers and
coupons with value or vouchers and coupons without value, letters of
introduction, work identity cards, membership identity cards, exit and entry
identity cards with titles of the units thereon of organs, societies, armed
forces, schools, enterprises and institutions for internal use, the units
entrusting the printing of the same must produce certificates for the
entrustment of printing.

    The enterprises taking the orders for printing must not keep samples
and sample sheets of the printed articles referred to in the preceding two
paragraphs; for samples and sample sheets required to be kept for business
references, consent should be obtained from the unit entrusting the printing
of the same, stamps of "sample copy" and "sample sheet" should be affixed on
the printed articles to be kept which should be in safe keeping and must not
be lost.

    Article 37  Printing of religious articles shall be handled in accordance
with the provisions of the State concerning the administration of religious
printed matters.
Chapter VI  Penalty Provisions

    Article 38  Establishment of a printing enterprise engaging in printing
operations without authorization in violation of the provisions of these
Regulations shall be banned by the department of public security and the
department of industry and commerce administration, its illegal income,
major special-purpose tools and equipment for illegal activities confiscated
and a fine of more than two times and less than ten times of the illegal
income imposed; for that which has no illegal income, a fine of less than
RMB 20,000 Yuan shall be imposed.

    Article 39  A printing enterprise engaging in printing of publications
without obtaining the permit for printing publications and without
authorization in violation of the provisions of these Regulations shall be
directed to suspend production and operations by the department of information
and publication administration of the local people's government at or above
the county level designated by the people's government of the province,
autonomous region and municipality directly under the Central Government,
its printed publications and illegal income confiscated and a fine of
more than two times and less than ten times of the general fixed price
of the printed publications imposed.

    Article 40  A printing enterprise engaging in printing of printed matters
for packaging and decoration without obtaining the permit for printing
printed matters for packaging and decoration and without authorization
in violation of the provisions of these Regulations shall be directed to
suspend production and operations by the department of administration of
printed matters for packaging and decoration of the local people's government
at or above the county level designated by the people's government of the
province, autonomous region and municipality directly under the Central
Government, its printed matters for packaging and decoration printed and
illegal income confiscated, and a fine of more than two times less than ten
times of the general fixed price of the printed matters for packaging and
decoration printed imposed.

    Article 41  A printing enterprise of publications having committed any
of the following acts shall be administered a warning, its illegal income
confiscated, and a fine of more than two times less than ten times
of the general fixed price of the publications printed imposed by the
department of information and publication administration of the local
people's government at or above the county level designated by the people's
government of the province, autonomous region and municipality directly
under the Central Government in the light of circumstances; those having
committed serious offences, their licenses shall be revoked by the original
license issuing authority:

    (1) illegally taking order for the printing of publications entrusted by
others;

    (2) printing of publications forging or pirating the name of another
person;

    (3) pirate printing the publication of another person;

    (4) illegally printing additional copies of or selling the publications
the printing of which is entrusted;

    (5) compiling and printing, collection of subscriptions and distribution
of publications;

    (6) rental, lending, sale or transfer to others in any other forms of the
paper molds and printing films of the publication the printing of which
is entrusted by the publishing unit without authorization; and

    (7) taking orders for the printing of external publications without
approval.

    Article 42  Any printing enterprise for printed matters for packaging
and decoration having committed any of the following acts, a warning shall
be administered, its illegal income confiscated and a fine of more than
two times less than ten times of the general fixed price of the printed
matters printed imposed by the department of administration for printed
matters for packaging and decoration of the local people's government at or
above the county level designated by the people's government of the
province, autonomous region and municipality directly under the Central
Government in the light of circumstances; where the offence is serious,
its license shall be revoked by the original license issuing authority:

    (1) illegally taking orders for the printing of printed matters for
packaging and decoration entrusted by others;

    (2) pirate printing of printed matters for packaging and decoration of
others; and

    (3) taking orders for the printing of external printed matters for
packaging and decoration on one's own without approval.

    Article 43  Any printing enterprise or individual printing publications,
printed matters for packaging and decoration or other printed matters
which contain reactionary, obscene and superstitious contents or other
contents the printing of which are categorically forbidden by the order
of the State, illegally printing publications the publication of which are
categorically forbidden by the order of the State or publications published
by non-publication units, or illegally printing such other printed matters
as identity cards, documents and vouchers and coupons with value, shall be
penalized in accordance with relevant laws and regulations.

    Article 44  Functionaries of departments of printing administration
whose abuse of power, neglect of duty and malpractices for selfish gains
constitute a criminal offence shall be investigated for criminal
responsibilities according to law; disciplinary sanctions shall be meted out
according to law to those whose acts do not constitute a crime.
Chapter VII  Supplementary Provisions

    Article 45  No other fees should be charged except for the collection of
cost fee according to the official rate for the issuance of licenses in
pursuance of these Regulations.

    Article 46  These Regulations shall come into force as of May 1, 1997.



AsianLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.asianlii.org/cn/legis/cen/laws/rotaotpi609