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Procedures of Shanghai Municipality on the Administration of Religious Presswork

Procedures of Shanghai Municipality on the Administration of Religious Presswork
 
(Promulgated by the Shanghai Municipal People' s Government on December 31, 1997)
    
     Article 1 (Purpose and Basis)
     These Procedures are formulated pursuant to the Regulations of Shanghai Municipality on Religious Affairs and other relevant laws and regulations, and in the light of the actual circumstances of this Municipality, in order to strengthen the administration of religious presswork in this Municipality, protect the legitimate rights and interests of the clergy and citizens who hold religious beliefs, and promote the development of religious cultures in this Municipality.
     Article 2 (Definition)
     Religious presswork mentioned in these Procedures refers to books, newspapers, magazines, audio and video productions, and electronic readers other than religious publications distributed by publishing institutions, which record or set forth religious scriptures, codes, creeds and canons.
     Article 3 (Scope of Application)
     These Procedures apply to the production and supply of religious presswork and the administration thereof within the jurisdiction of this Municipality.
     Article 4 (Administrative Departments)
     The municipal administrative department of religious affairs is the department responsible for the administration of religious presswork within this Municipality. The district/county administrative departments of religious affairs are responsible for the administration of religious presswork within their respective jurisdiction.
     The administrative departments of the press, broadcast, films and television, industry and commerce, and public security shall perform their respective functions so as to do a good job in the administration of religious presswork.
     Article 5 (Qualifications for Creators of Printing Religious Presswork)
     Religious organizations, religious activity centers, and other religious associations approved by the municipal administrative department of religious affairs (hereinafter referred to as religious organizations) may print religious presswork.
     No individuals or non-religious organizations shall be allowed to print religious presswork.
     Article 6 (Qualifications for Printers)
     Religious organizations that want to have religious presswork printed shall commission their printing to a printer of publications whose establishment has been approved by a State or municipal administrative department of the press.
     Article 7 (Application and Approval for the Printing of Religious Presswork)
     Religious organizations that need to have religious presswork printed shall submit to the municipal administrative department of religious affairs an application together with the following materials:
     1. Certifying documents of the religious organization and the printer;
     2. Sample copy of the religious presswork to be printed; and
     3. Written opinion of the relevant religious organization at the municipal level.
     The municipal administrative department of religious affairs shall give its opinion with respect to the examination and approval and make a written reply to the applicant within 60 days upon receiving the application. For materials whose printing has been approved, the municipal administrative department of religious affairs shall issue a printing permit. An applicant who has received the permit shall also apply to the municipal administrative department of the press or to the administrative department of broadcast, films and television for a printing certificate.
     Article 8 (Examination and Approval for the Revision of Religious Presswork)
     Religious presswork created with the approval of the municipal administrative department of religious affairs shall not be revised without approval with respect to its content. In case revision is indeed necessary, the relevant religious organization shall complete anew the necessary formalities of application and approval for the creation of the religious presswork.
     Article 9 (Use of the Printing Certificate)
     The printing certificate shall be used within the prescribed term only.
     The printing certificate shall not be forged, altered, lent, let out for hire or transferred its possession.
     Article 10 (Printing Contract)
     A printer that is commissioned by a religious organization to print religious presswork shall examine the printing certificate held by that religious organization and sign a printing contract with it.
     Printers shall not undertake the printing or production of religious presswork commissioned by individuals or the following organizations:
     1. Religious organizations that do not hold a valid printing certificate; or
     2. Non-religious organizations.
     Article 11 (Restrictions on the Quantity of Printed Presswork)
     The quantity of religious presswork undertaken by the printer shall not exceed the quantity ratified by the printing certificate.
     Article 12 (Requirements with Respect to Religious Presswork)
     Religious presswork or their packaging shall indicate in a conspicuous place the name and address of the religious organization, the name and address of the printer, the serial number of the printing certificate, the number and date of printing, etc.
     Article 13 ( Religious Presswork Whose Printing Is Prohibited)
     Printing of religious presswork that contain the following content shall be prohibited:
     1. Content that is against the fundamental principles set forth in the Constitution;
     2. Content that endangers the unity, sovereignty and territorial integrity of the country;
     3. Content that does harm to the security, reputation and interests of the country;
     4. Content that incites disruption among the nationalities, desecrates the customs and habits of the minority nationalities or undermines the unity of the nationalities;
     5. Content that reveals state secrets;
     6. Content that publicizes obscenity and superstition, plays up violence, and undermines social morality or the good cultural tradition of the nation;
     7. Content that defiles or libels others;
     8. Content that may affect the unity of religious organizations;
     9. Content that may give rise to disputes between religious and non-religious citizens; and
     10. Other content prohibited by laws and regulations.
     Article 14 (Submission and Preservation of Sample Copies)
     Religious organizations shall, within 15 days upon the completion of the printing, submit sample copies of the religious presswork to the municipal administrative department of religious affairs as well as to the municipal administrative department of the press and the municipal administrative department of broadcast, films and television.
     The contracting printer shall keep, for future reference, a sample copy of the religious presswork for a year beginning from the date of the completion of the printing job.
     Article 15 (Places of the Supply of Religious Presswork)
     Religious presswork shall be supplied within the religious organization or at places designated by the municipal administrative department of religious affairs.
     Article 16 (Restrictions on the Supply of Religious Presswork)
     The following religious presswork shall not be supplied at the places of the supply of religious presswork:
     1. Printed presswork containing the content prohibited under Article 13 of these Procedures;
     2. Religious presswork printed without approval; or
     3. Printed presswork without proper markings as required under Article 12 of these Procedures.
     Relevant organizations or individuals shall surrender the religious presswork whose supply is prohibited in the preceding provisions or report the matter to administrative departments of religious affairs.
     Article 17 (Administration of Acceptance of Gifts)
     In accepting religious presswork given as gifts by organizations or individuals from the Hong Kong Special Administrative Region, Macao, Taiwan or foreign countries, religious organizations shall submit an application to the municipal administrative department of religious affairs, which shall complete the formalities of examination and approval in accordance with the relevant stipulations of the State.
     Article 18 (Administrative Penalties)
     Religious organizations that print and supply religious presswork in violation of these Procedures shall be penalized by the municipal or district/county administrative departments of religious affairs in accordance with the provisions of the Regulations of Shanghai Municipality on Religious Affairs.
     Individuals or non-religious organizations that print and supply religious presswork in violation of these Procedures shall be penalized by the administrative departments of the press, broadcast, films and television, public security, or industry and commerce in accordance with the relevant stipulations of the State or this Municipality.
     Printers that accept commission and undertake to print religious materials in violation of these Procedures shall be penalized by the administrative department of the press or the administrative departments of broadcast, films and television in accordance with the relevant stipulations of the State or this Municipality.
     Article 19 (Procedures of Penalties)
     In imposing penalties, the administrative departments of religious affairs shall produce a letter of the administrative penalty decision. When fines are received, a receipt uniformly printed by the municipal finance department shall be provided.
     Fines shall be turned over to the State Treasury in accordance with the regulations.
     Article 20 (Reconsideration and Litigation)
     If the party concerned finds the administrative department' s specific administrative act unacceptable, it may apply for administrative reconsideration or take legal action in accordance with the provisions of the Regulations on Administrative Reconsideration and the Administrative Litigation Law of the People' s Republic of China.
     The administrative department may, in accordance with the provisions of the Administrative Litigation Law of the People' s Republic of China, apply to the people' s court for enforcement in case the party concerned neither applies for reconsideration, nor takes legal action, nor complies with its specific administrative act within the time limit prescribed by law.
     Article 21 (Non-Application)
     These Procedures are not applicable to religious presswork that are printed for the purpose of research or reading.
     Article 22 (Department for Interpretation of Application)
     Shanghai Municipal Bureau of Religious Affairs shall be responsible for the interpretation of these Procedures with regard to their application.
     Article 23 (Date of Implementation)
     These Procedures shall become effective on March 1, 1998.
    

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