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(Adopted at the 44th Session of the Standing Committee of the
11th Shanghai Municipal People' s Congress on October 28, 2002)
Chapter I General Provisions
Article 1
These Regulations are formulated for the purposes of
strengthening the administration of the distribution of publications, developing
and prospering cultural undertakings, and promoting the socialist ideological
and ethical construction, in accordance with the
"Regulations on the
Administration of Publications" by the State Council and in the light of this
Municipality' s actual circumstances.
Article 2
The distribution of
publication mentioned in these Regulations refers to the acts of the general
distribution, wholesale and retail
business operation of newspapers,
periodicals, books, electronic publications and audio-video products, and other
publications.
Article 3
These Regulations shall apply to the distribution
and distribution-related renting, subscription-soliciting, giving-as-compliment,
sending-out, and exhibition of publications and the administration thereof in
this Municipality' s administrative area.
Where there are provisions otherwise
provided by administrative regulations on audio-video products, such provisions
shall prevail.
Where there are provisions provided by the postal law on
postal enterprises' distribution of newspapers and periodicals, such provisions
shall prevail.
Article 4
The Shanghai municipal administrative department
of press and publication (hereinafter referred to as MPPA) shall be in charge of
the supervisory and administrative work of this Municipality' s distribution of
publications, and shall be responsible for organizing
the implementation of
these Regulations.
The district and county administrative departments in
charge of the administration of publication shall be responsible for the
supervisory
and administrative work of publication distribution in their
respective administrative areas and be under the leadership of the
MPPA in
professional work.
The administrative departments of industry and commerce
administration, public security, price control, education, postal service
and
customs shall, according to their respective duties, do well in supervision and
administrative work related to publication
distribution.
Article 5
The
MPPA shall, according to the actual needs of development of the Municipality and
the cultural demands of citizens, work out
the development program for
publication distribution and, upon approval by the Municipal People' s
Government, announce the program
to the masses.
The establishment of
distribution units of publications and trading markets of publications shall
conform to the requirements of
total amount, structure and layout set forth by
this Municipality' s development program for publication distribution.
Chapter II Licensing of Conducting Publication Distribution
Article 6
This Municipality shall adopt the licensing system of
publication distribution and renting. Those who are engaged in publication
distribution or renting business shall obtain the "License of Publication
Distribution" (hereinafter referred to as the License).
Units that are engaged
in general distribution business of publications and chain operation business of
nationwide publications
shall go through licensing formalities according to the
relevant State provisions.
Chinese-foreign equitable joint ventures,
Chinese-foreign contractual joint ventures and foreign-funded enterprises that
are engaged
in publication distribution business shall do as provided by the
State.
Article 7
Units engaged in publication wholesale business or units
and individual persons engaged in publication retail business or renting
business shall meet the following conditions:
(1) Having managerial personnel
that meet the requirements of appropriate qualification;
(2) Having fixed
business operation sites and necessary business operation facilities; and
(3)
Having registered capital in compliance with the provisions of laws and
regulations.
Article 8
The chain operation of publications includes both
direct chain operation and allied chain operation.
Units engaged in direct
chain operation business shall meet the following conditions:
(1) Having
legal personality;
(2) Having the number of outlets required by the
industrial and commercial administrative department;
(3) Having the
administration system of chain operation as required; and
(4) Having the
registered capital provided by laws and regulations.
The unit engaged in
direct chain operation of publications for over one year may conduct allied
chain operation business of publications.
Those engaged in allied chain
operation shall be the units or individual persons of publication distribution
established with permission.
Article 9
The unit that sets up the trading
market of publications shall have the qualifications for general distribution of
publications
and have obtained approval from the MPPA.
The trading market of
publications shall meet the following conditions:
(1) Having managerial
personnel that meet the requirements of appropriate qualifications;
(2)
Having the administration system of trading market required by the
provisions;
(3) Having the registered capital and operation sites in
compliance with the provisions of laws and regulations.
Article 10
The
unit applying for conducting wholesale, direct chain operation business of
publications shall lodge an application to the MPPA.
The unit and individual
person applying for conducting retail and renting business of publications shall
lodge an application to
the district/county administrative department in charge
of publication administration.
Article 11
The MPPA or the district/county
administrative department in charge of publication distribution shall, within 20
days from the date
of receiving the application materials for conducting
distribution and renting business of publications, make a decision of approval
or denial of the application. A permit shall be issued to the approved; and
reasons shall be given in writing to the denied.
The unit or individual
person that has obtained the permit upon approval shall take out the business
license from the industrial
and commercial administrative department before
being allowed to launch any business activity.
Article 12
The chain
operation unit of publications that sets up another direct operation outlet in
addition shall, within 20 days from the
business opening date of the outlet,
report to the MPPA for the record; those accepting allied outlets shall, within
20 days from
the date of signing an alliance contract, report to the MPPA for
the record.
Article 13
If the units or individual persons that distribute
or rent publications alter the business scope and business form of publication
distribution, they shall go through anew permission formalities according to the
provisions of Article 6, Clause 2 and Article
10 of these Regulations. If
altering other matters, they shall go through alteration formalities with the
original approving authority,
the MPPA or the district/county administrative
department in charge of publication administration.
When the units and
individual persons that distribute and rent out publications, terminate the
distributing and renting activities,
they shall go through cancellation
formalities with the original approving authority, the MPPA or the
district/county administrative
department in charge of publication
administration, and surrender the permit.
When the chain operation units of
publications shut down their direct operation outlets or terminate the allied
store contracts,
they shall report to the MPPA for the record within 20 days
from the date of shutting down their direct operation outlets or terminating
allied store contracts.
If the units and individual persons that distribute
and rent out publications have the cases set forth in the preceding three
clauses,
they shall go through appropriate formalities with the industrial and
commercial administrative department.
Article 14
The units and individual
persons that distribute and rent out publications shall go through the annual
permit inspection formalities
with the original approving authority, the MPPA or
the district/county administrative department in charge of publication
administration.
The MPPA or the district/county administrative department in
charge of publication administration shall inspect over the following
matters:
(1) Conditions for conducting publication distribution and rent out
business;
(2) Any acts of illegal operation; and
(3) Any other acts in
violation of the provisions of these Regulations on license
administration.
Those who fail in the inspection or do not undergo before the
deadline the inspection shall not continue to conduct the publication
distribution business.
Chapter III Administration of Publication Distribution
Article 15
The units and individual persons that distribute and rent out
publications shall do business in the checked and ratified operation
sites, and
place the permit and business license on the conspicuous position of the checked
and ratified operation site.
The permit and business license shall not be
altered, transferred, leased out or lent.
Article 16
When the units and
individual persons that distribute publications, launch distribution business
through Internet, they shall report
to the original approving authority, the
MPPA or the district/county administrative department in charge of publication
administration
for the record with the permit, website name or the name of
website they link to, e-mail address and other relevant materials before
launching business.
If the units and individual persons that distribute
publications launch publication distribution business through Internet, they
shall have the number of permit of publication distribution, the permit-issuing
department, the number of report for the record,
the name of publication in
operation, the publishing unit and the standard book number, periodical number,
as well as edition number,
and the name of import unit for the imported
publications, if any, marked on the conspicuous place of website or
webpage.
Article 17
The publication trading market shall set up the
market administration organization, which shall control over trading activities
in the market according to relevant provisions set by the State and this
Municipality.
Article 18
Publication wholesale units shall not wholesale
publications to any unit or individual person that does not have a
licence.
Units and individual persons that distribute and rent out
publications shall not purchase publications from any unit or individual
person
that does not have a licence.
Publication trading markets shall not provide
business sites of publication distribution for any unit or individual person
that
does not have a licence.
Article 19
Publication wholesale units
shall, within three days from the date of purchase, submit the duplicate of
purchase voucher to the
MPPA for the record.
Where any publication is
distributed in this Municipality for the first time, the MPPA, if it requires a
sample of the publication,
shall notify the party concerned in writing. The
party concerned shall, within the prescribed time period as notified in writing,
provide the publication sample. The MPPA shall, within 10 days from the date of
receiving the sample, complete the examination
and return the sample to the
party concerned, except for the publication sample with contents or cases banned
in Article 22 of
these Regulations.
Article 20
Publication distributing
units, when holding publication exhibition activity in places other than their
business sites, shall, before
holding the exhibition, report to the
district/county administrative department in charge of publication
administration in the
locality where the exhibition is held for the
record.
Where the publication distributors association holds publication
exhibition activity, the provisions in the preceding clause shall
be
followed.
Article 21
The distribution units of middle and primary school
textbooks shall be designated through bidding or other open and impartial forms
by the MPPA and the educational administration together with the competent price
control department. Any other units or individual
persons shall not conduct the
distribution business of middle and primary school textbooks.
The
distribution units of middle and primary school textbooks shall not sell tie-in
or importunately middle and primary school teaching
auxiliary
materials.
Article 22
No publications or publication publicity materials
with contents banned by laws, administrative regulations or other State-set
provisions
shall be distributed, rent, subscription -solicited, given as
compliment, sent out or exhibited.
No publications or publication publicity
materials imported illegally, infringing upon other persons' copy rights, and
having other
cases that distribution is banned by laws and regulations shall be
distributed, rent, subscription -solicited, given as compliment,
sent out or
exhibited.
The MPPA shall be responsible for the appraisal of publications
with contents or cases banned in the preceding two clauses, and its
affiliated
publication appraisal agency may undertake the specific appraisal
work.
Article 23
The MPPA or the district/county administrative
department in charge of publication administration, when, based on the obtained
evidence
of suspected offence or on tip-offs, making investigation over acts
suspected of conducting illegal publication distribution, may
examine articles
related to illegal activities, and may seal up or distrain articles proved with
evidence to be related to illegal
activities. Administrative law enforcers shall
produce law-enforcement certification when performing official duties.
In
respect to publications whose distribution is banned by notification of the MPPA
or the district/county administrative department
in charge of publication
administration, the unit or individual person engaged in the distribution
business of the publications
shall promptly hand them in or wait for handling,
with no concealment, sell off, shift or destruction of such publications being
allowed.
Chapter IV Legal Liability
Article 24
Where the "Regulations on Administration of the
Publication" have provided penalties on acts that violate the provisions of these
Regulations, such acts shall be punished in accordance with the "Regulations on
Administration of the Publication" .
The following acts in violation of the
provisions of these Regulations shall be punished by the MPPA or the
district/county administrative
department in charge of publication
administration according to the seriousness of the cases:
(1) Those who, in
violation of the provisions of Article 6, Clause 1 of these Regulations, conduct
publication renting business
without licence shall be ordered to stop their
illegal acts, their illegal gains shall be confiscated, and they shall be
penalized
with a fine of less than 2,000 yuan.
(2) Those who, in violation of
the provisions of Article 9 Clause 1 of these Regulations, set up publication
trading markets without
authorization, shall be ordered to stop their illegal
acts, their illegal gains shall be confiscated and they shall be penalized
with
a fine of between not less than twice and not more than ten times the illegal
gains if the illegal gains is more than 10,000
yuan. If there are no illegal
gains or if the illegal gains are less than 10,000 yuan, they shall be penalized
with a fine of between
not less than 5,000 yuan and not more than 20,000
yuan.
(3) Those who, in violation of the provisions of Article 12, Article 16
Clause 1 of these Regulations, add a direct operation outlet,
take in an allied
store, or launch publication distribution business through Internet without
reporting for the record as required
shall be ordered to correct within a
prescribed time period, and, if they fail to correct before the deadline, their
illegal gains
shall be confiscated, and they shall be penalized with a fine not
less than 100 yuan and not more than 1,000 yuan.
(4) Those who, in violation
of the provisions of Article 13 Clause 1 of these Regulations, fail to go
through the permit alteration
formalities shall be ordered to correct within a
prescribed time period, and be penalized with a fine of between not less than
100 yuan and not more than 500 yuan.
(5) Those who, in violation of the
provisions of Article 15 Clause 1 of these Regulations, do business in a place
other than the
checked and ratified operation site shall be ordered to correct,
and shall be penalized with a fine of between not less than 500
yuan and not
more than 5,000 yuan.
(6) Those who, in violation of the provisions of
Article 15 Clause 2 of these Regulations, alter, transfer, lease or lend the
license
shall be ordered to correct within a prescribed time period, their
illegal gains shall be confiscated and they shall be penalized
with a fine of
between not less than 1,000 yuan and not more than 10,000 yuan. If the case is
serious, the wrongdoer shall be cumulatively
ordered to stop business for
rectification, or have the licence revoked.
(7) Any unit or individual person
engaged in publication distribution and renting business, or publication trading
markets that,
in violation of the provisions of Article 18 of these Regulations,
wholesale, or purchase publications from or provide publication
operation sites
for units or individual persons who do not have the licence, shall have the
publications and illegal gains confiscated
and shall be penalized with a fine of
between not less than 500 yuan and not more than 5,000 yuan. If the case is
serious, the
wrongdoer shall be cumulatively ordered to stop business for
rectification, or have the licence revoked.
(8) Those who, in violation of
the provisions of Article 19 of these Regulations, fail to submit duplicates of
purchase vouchers
for the record, or fail to provide samples of publications,
shall be ordered to correct within a prescribed time period and, if
they fail to
correct before the deadline, they shall be penalized with a fine of 500 yuan for
each kind of publications.
(9) Those who, in violation of the provisions of
Article 21 Clause 2 of these Regulations, sell tie-in or importunately middle
and
primary school teaching auxiliary materials, shall be ordered to stop their
illegal acts, have their illegal gains confiscated,
and be penalized with a fine
of between not less than 1,000 yuan and not more than 5,000 yuan.
(10) Those
who, in violation of the provisions of Article 22 of these Regulations, rent
out, solicit subscriptions for, give as
a compliment, send out or exhibit
publications or publication publicity materials with the banned contents or
cases shall have
the publications or publication publicity materials and illegal
gains confiscated and be penalized with a fine of between not less
than twice
and not more than ten times the illegal gains which is more than 10,000 yuan, or
be penalized with a fine of between
not less than 5,000 yuan and not more than
20,000 yuan if there are no illegal gains, or if the illegal gains are less than
10,000
yuan. If the case is serious, the wrongdoer shall be cumulatively ordered
to stop business for rectification or have the licence
revoked.
Article 25
Where a person purchases publications, in violation of the provisions of
these Regulation, from units or individual persons that
do not have the licence
or rents, solicits subscriptions for, gives as a compliment, sends out or
exhibits publications or publication
publicity materials with contents or cases
set forth in Article 22 of these Regulations, and that person gives or
identifies the
source which proves true after verification, the administrative
punishment set forth in these Regulations other than the confiscation
of
publications, publication publicity materials and illegal gains may be mitigated
or exempted.
Article 26
Those who resist or impede the functionaries of
administrative departments in performing their duties according to law, to an
extent
not serious enough for criminal punishment shall be dealt with by the
public security department according to the "Regulations of
the People' s Republic
of China on Public Security Administration and Imposition of Punishment" . If the
wrongful act constitutes
a crime, the wrongdoer shall be prosecuted for criminal
liability.
Article 27
The party concerned who is dissatisfied with the
specific administrative act made by the MPPA or the district/county
administrative
department in charge of publication administration may, according
to the "Law of the People' s Republic of China on Administrative
Reconsideration" or the "Administrative Litigation Law of the People' s Republic of
China" , apply for administrative reconsideration
or lodge an administrative
lawsuit.
The party concerned who does not apply for reconsideration of a
specific administrative act before the deadline, nor lodges a lawsuit,
nor
performs the specific administrative act, the MPPA or the district/county
administrative department in charge of publication
administration that does the
specific administrative act may apply to the people' s court for
enforcement.
Article 28
The persons-in-charge taking direct
responsibility of the MPPA or the district/county administrative department in
charge of publication
administration, or other directly responsible persons who
neglect their duties, abuse their powers, or engage in malpractice for
selfish
ends shall be given administrative sanctions by their work unit or higher
competent authorities according to law. If the
wrongful act constitutes a crime,
the wrongdoer shall be prosecuted for criminal liability according to law.
Chapter V Supplementary Provisions
Article 29
The definitions of terms relevant to these Regulations are as
follows:
Newspapers mean the serial publications with permanent names,
printing time, format and with one issue a week at least.
Periodicals mean
the serial publications with permanent names and columns, and serial number of
volumes, issues or in order of year,
season, month, ten-day or week, and bound
into book form.
Books mean publications of all kinds of books, pictorials,
wall calendars, pictures, New Year pictures, and single-page
calendars.
Electronic publications mean mass media in which information such
as pictures, wordings, sounds and images are stored in the form
of digital code
into magnet, optical or electric medium after editing and processing and read or
used through computers or devices
with similar functions so as to be utilized
for expressing thought, disseminating knowledge and accumulating culture, and to
be
copied for distribution.
Article 30
These Regulations shall become
effective on January 1, 2003. The "Regulations of Shanghai Municipality on the
Administration of
Markets of Books, Newspapers and Periodicals" shall be repealed
at the same time.
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