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 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 civilization.

Article 2 These Regulations shall apply to 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, and distribution of publications.

Publications referred to in these Regulations mean newspapers, periodicals, books, audiovisual products, electronic publications, etc.

Article 3 The publishing endeavor shall hold fast in the direction of serving the people and socialism, uphold Marxism-Leninism, Mao Zedong Thought and the theory of building socialism with Chinese characteristics as its guiding ideology, disseminate and accumulate all the scientific, technological and cultural knowledge that is beneficial to the improvement of the national quality, the development of the economy and the all-round progress of the society, carry forward the splendid accomplishments of the national culture, facilitate international cultural exchanger, and enrich and improve the cultural life of the people.

Article 4 In conducting publishing activities, social benefit shall be given first priority, and an optimal combination of social benefits and economic returns shall be achieved.

Article 5 Where a citizen exercises the right of freedom of the press according 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 publication administration department of the State Council supervisees and administers publishing activities nationwide. Other administrative departments of the State Council supervise and administer relevant publishing activities within the limits of their respective functions and responsibilities as stipulated by the State Council.

The division of functions and responsibilities of the relevant administration departments of the local people's governments at or above the county level in supervising and administering publishing activities within their respective jurisdictions shall be determined by the people's governments of their respective provinces, autonomous regions and municipalities directly under the Central Government.

Article 7 The national social organizations of the publishing Industry shall carry out self regulation in conformity with the articles of association and under the guidance of the publication administration department of the State Council.

Chapter II Establishment and Administration of Publishing Units

Article 8 Newspapers, periodicals, books, audiovisual products and 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 and so on.

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 the publishing unit.

Article 9 The publication administration department of the State Council shall plan the total number, structure and distribution of publishing units nationwide and guide and coordinate the development of the publishing endeavor.

Article 10 For establishment, a publishing unit shall meet the following conditions:

(1)   possess a name and articles of association of the publish unit;

(2)   possess a sponsoring unit which is recognized by the publication administration department of the State Council, and the necessary competent organ at the higher level;

(3)   possess a well-defined scope of business;

(4)   possess a Registered capital of not less than 300,000 yuan;

(5)   possess a fixed premises; and

(6)   possess an organizational structure which meets the needs of its scope of business and editorial and publishing professionals who have the necessary job qualifications as stipulated by the State.

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 for the total number, structure and distribution of publishing units.

Article 11 To establish a publishing unit, the sponsoring unit shall submit an application to the publication administration department of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located; the said publication administration department shall, upon examination and consent, submit it to the publication administration department of the State Council for examination and approval.

Article 12 The application for the establishment of a publishing unit shall specify the following items:

(1)   the name and adders of the publishing unit;

(2)   the names and addresses of the sponsoring unit of the publishing unit and of the necessary competent agency at the higher level;

(3)   the name, address and qualification documents for the major responsible person or legal representative 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 printing place of the newspaper or periodical.

The application shall also have attached the articles of association of the publishing unit and relevant certification documents from the sponsoring unit which will establish the publishing unit and its necessary competent agency at the higher level.

Article 13 The publication administration department of the State Council shall make a decision of approval or disapproval within 180 days of the date of receipt of the application for the establishment of a publishing unit, and the publication administration 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 14 The sponsoring unit establishing a publishing unit shall, within 60 days of the date of receipt of the information on the approval decision of the publication administration department of the State Council, register with the publication administration 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. Items of registration shall be stipulated by the publication administration department of the State Council.

Having thus been registered, the publishing unit shall, on the basis of its publishing permit, apply to the competent department for Industry and commerce administration for a business license.

Article 15 A newspaper office, periodical office, book publishing house, audiovisual publishing house of publishing house for electronic publications 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 8 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 16 Where a publishing unit changes its name, sponsoring unit, necessary competent agency at the higher level or scope of business, carries out merger or separation, or publishes a new newspaper or a new periodical, or where a newspaper or a periodical changes its name or number of issues, it shall undergo the procedures of examination and approval again in accordance with the provisions of Articles 11 and 12 of these Regulations.

Where a publishing unit changes items other than the ones listed in the preceding paragraph, it shall, upon examination and consent of its sponsoring unit and the necessary competent agency at the higher level, apply for Registration of the change(s) to the publication administration department of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located, which shall in turn report it to the publication administration department of the State Council for the record.

Article 17 Where a publishing unit terminates its publishing activities, the publication administration department of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located shall cancel the Registration and report it to the publication administration department of the State Council for the record.

Article 18 Where a book publishing house, audiovisual publishing house or publishing house for electronic publications has not carried out any publishing activities within 180 days of the date of registration, or where a newspaper office or a periodical office has not published any newspaper or periodical within 90 days of the date of registration, the Registration organ shall cancel the registration and report it to the publication administration department of the State Council for the record.

Where the situation listed in the preceding paragraph is due to force majeur or for other justified reasons, the publishing unit may apply to the registration agency for an extension of the said time limit.

Article 19 Where important subjects in areas such as national security or social stability are involved in the annual publishing plan of a book publishing house, audiovisual publishing house or publishing house of electronic publications, the plan shall be reported to the publication administration department of the State Council for the record through the publication administration department of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located. The specific measures thereof shall be formulated by the publication administration department of the State Council.

Article 20 The publication administration department of the State Council and the relevant administration department of the local people's government at or above the county level assigned by the people's government of the province, autonomous region or municipality directly under the Central Government, shall strengthen their routine supervision and administration of the publishing activities of publishing units. A publishing unit shall submit written reports on its publishing activities to the publication administration departments in accordance with the provisions of the publication administration department of the State Council.

Article 21 A publishing unit shall not sell or transfer in any other manner its name, book number, periodical number or edition number to any unit or individual, and shall not rent out its name or periodical number.

Article 22 Before distributing its publications, a publishing unit shall send free sample copies to the Beijing Library, China Library of Editions and the publication administration department of the State Council in accordance with the relevant provisions of the State.

Chapter III Publishing of Publications

Article 23 A citizen may, in accordance with the provisions of these regulations, freely express in publications his or her own views and wishes regarding State affairs, economic and cultural developments and freely publish the results of his or her scientific research, literary and artistic creation, and of other cultural activities.

Article 24 A publishing unit shall adopt a system of editors' responsibility to ensure that the contents of its publications conform to the provisions of these regulations.

Lawful publications shall be protected by law. No organization or individual shall illegally interfere with, prevent or disrupt the publishing of publications.

Article 25 No publication shall contain the following contents:

(1)   those opposing the basic principles established in the constitution;

(2)   those endangering the unification, sovereignty and territorial integrity of the State;

(3)   those harming the security, honor and interests of the State;

(4)   those inciting the splitting of nationalities, violating the customs and habits of minority nationalities or jeopardizing the unity among the various ethnic groups;

(5)   those divulging secrets of the State;

(6)   those spreading pornography, superstition or violence, or endangering social moralities and the fine national cultural traditions;

(7)   those insulting or libeling others; or

(8)   other contents which are prohibited by laws and regulations.

Article 26 Publications targeting minors shall not contain contents which induce minors to imitate behaviors contravening social ethics, violating laws or committing a crime, or contain horror and cruelty which harm the physical and mental health of minors.

Article 27 Where the lawful rights and interests of a citizen, a legal person or some other organizations are infringed upon due to the untruthfulness or unfairness of the contents of a publication, its publishing unit shall make public corrections, eliminate the effects, and bear civil liabilities.

Where the lawful rights and interests of a citizen, a legal person or some other organizations are infringed upon due to the untruthfulness or unfairness for the contents of the works published in a newspaper or a periodical, the party concerned shall have the right to require to make corrections or to make a reply, and the relevant publishing unit shall publish the corrections or reply in the latest issue of its newspaper or periodical; in case of refusal to make publication, the party concerned may bring a suit in a people's court.

Article 28 A publication shall, in accordance with the relevant provisions of the State, clearly indicate the names and addresses of the relevant author, publisher, printer, or reproducer, distributor, book number, periodical number or edition number, date of publication, number of issue and other relevant items.

The specifications, size, format, finding and layout, and proofreading of a publication shall accord with the standards and norms of the State to ensure its quality.

Article 29 No unit or individual shall forge or counterfeit the name of a publishing unit, or of a newspaper or a periodical to publications.

Article 30 Textbooks for middle schools and primary schools shall be examined and approved, or the examination and approval shall be organized by, the education administration department of the State Council. The publishing, printing and distribution of these textbooks shall be undertaken by the publishing, printing and distributing units designated by the publication administration department of the State Council or of the people's government of the province, autonomous region or the municipality directly under the Central Government.

Chapter IV Printing or Reproduction and Distribution of Publications

Article 31 A unit which wishes to engage in the printing or reproduction business for publications shall, in accordance with the relevant provisions of the State, apply to the publication administration department of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located, and only examination and permission and after registering itself, according to law, with the public security department and the department for industry and commerce administration, may engage in the printing or reproduction of publications.

No unit shall print newspapers, periodicals or books, or reproduce audiovisual products or electronic publications without permission and registration according to law.

Article 32 Where a publishing unit commissions a printing or reproducing unit to print or reproduce publications, it must provide relevant publications printing or reproduction certificates which are in conformity with the provisions of the State. A printing or reproducing unit shall not accept commissions from non-publishing units or individuals to print newspapers, periodicals or books, or reproduce audiovisual products or electronic publications. A printing or reproducing unit shall not print or distribute newspapers, periodicals or books, or reproduce or distribute audiovisual products or electronic publications without authorization.

Article 33 Upon the approval of the publication administration department of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located, a printing or reproducing unit may undertake the printing or reproduction business of overseas publications; however, the products shall all be transported overseas and shall not be distributed within the territory.

The contents of the publications to be printed or reproduced under commission from overseas shall be checked by the publication administration department of the people's government of the province, autonomous region or municipality directly under the Central Government. The commissioner shall hold a letter of authorization from the copyright owner, and register with the copyright administration department for the record.

Article 34 A printing or reproducing unit shall reserve a sample copy of the publication printed or reproduced for inspection for a period of one year from the date of completion of the printing or reproduction.

Article 35 A distributing unit which wishes to engage in the general distribution business of newspapers, periodicals and books may conduct such business only upon examination and permission of the publication administration department of the State Council and after obtaining a business license from the department for industry and commerce administration according to law.

A distributing unit which wishes to engage in the wholesale business of newspapers, periodicals and books may conduct such business only upon examination and permission of the relevant administration department assigned by the people's government of the province, autonomous region or municipality directly under the Central Government and obtaining a business license from the department for industry and commerce administration according to law.

The distribution of newspapers and periodicals by postal enterprises shall be handled in accordance with the provisions of the Postal Law.

Article 36 Units or individuals which wish to engage in the retail business of newspapers, periodicals and books may conduct the retail business of publications only after obtaining approval from the relevant administration department of the people's government at the county level as assigned by the people's government of the province, autonomous region and municipality directly under the Central Government and obtaining business licenses from the department for industry and commerce administration according to law.

Article 37 A publishing unit may distribute publications published by itself, but shall not distribute publications published by other publishing units.

Article 38 A printing or reproducing unit shall not print or reproduce and a distributing unit shall not distribute any publications under the following circumstances:

(1)   those containing contents prohibited under Articles 25 and 26 of these Regulations;

(2)   those illegally imported;

(3)   those forging or counterfeiting the name of a publishing unit or the name of a newspaper or a periodical;

(4)   those not indicating the name of the publishing unit;

(5)   those middle school or primary school textbooks lacking examination and approval according to law; or

(6)   those infringing upon copyrights of other persons.

Chapter V Safeguards and Awards

Article 39 The State shall formulate relevant policies to safeguard and promote the development and flourishing of publishing.

Article 40 The State supports and encourages the publication of the following outstanding and key publications:

(1)   those playing a significant role in the exposition and dissemination of the basic principles established by the Constitution;

(2)   those having great significance in educating the people in patriotism, collectivism and socialism, and in developing social morality, professional ethics family virtue;

(3)   those making great contribution to the enhancement of the essence of national culture and timely reflection of the latest scientific and cultural vulture achievements both at home and abroad;

(4)   those with important ideological, scientific, cultural or artistic values.

Article 41 The State shall provide safeguards for the publication and distribution of textbooks.

The State shall support the publication and distribution of publications in minority nationality languages and in Braille.

The State shall implement favorable policies towards the distribution of publications in the minority nationality regions, border areas, economically underdeveloped areas and the rural areas.

Article 42 The postal enterpriser shall ensure promptness and accuracy where they are entrusted with the distribution of newspapers and periodicals.

Transportation enterprises which undertake the transportation of publications shall facilitate the transportation of publications.

Article 43 The State shall reward the units and individuals who have made contribution to the development and flourishing of publishing.

Article 44 The people's governments at or above the county level and their relevant departments shall take prompt measures to stop acts which illegally interfere with, prevent or disrupt the publication, printing or reproduction, or distribution of publications.

Chapter VI Legal Liabilities

Article 45 Where a publishing unit is established without approval or where the business of publishing, printing or reproduction, or distribution of publications is carried out without approval, it shall be banned, the publications, the devices and equipment mainly and specially used for the purpose of the above-mentioned illegal activities and the illegal gains shall be confiscated, and a fine of not less than twice and not more than ten times the illegal gains shall be imposed simultaneously; where the act constitutes a crime, criminal liabilities shall be investigated according to law.

Article 46 Where anyone engaged in the publishing, printing or reproduction, or distribution business commits any of the following acts, the publications and the illegal gains shall be confiscated and a fine of not less than three times and not more than ten times the illegal gains shall be imposed simultaneously; where the circumstances are serious, the business shall be suspended for rectification or the permit revoked; where the act constitutes a crime, criminal liabilities shall be investigated according to law.

(1)   publishing publications which contain contents prohibited under Articles 25 and 26 of these Regulations;

(2)   selling, renting out or transferring in any other manner the name, book numbers, periodical numbers or edition numbers of a publishing unit while clearly knowing that the publications to be published by others contain contents prohibited under Articles 25 and 26 these regulations;

(3)   forging or counterfeiting the name of a newspaper or a periodical or publish publications which contain contents prohibited under Articles 25 and 26 of these Regulations;

(4)   printing or reproducing, or distributing publications while clearly knowing that the publications contain contends prohibited under Articles 25 and 26 of these Regulations; or

(5)   printing or reproducing, or distributing overseas publications while clearly knowing that the publications contents prohibited under Articles 25 and 26 of these Regulations.

Article 47 Where anyone pirates the printing or reproduction of publications, the publications and illegal gains shall be confiscated and a fine of not less than three times and not more than ten times the illegal gains shall be imposed simultaneously; where the circumstances are serious, the business shall be suspended for rectification or the permit revoked; where the act constitutes a crime, criminal liabilities shall be investigated according to law.

Article 48 Where a publishing unit sells, rents out or transfers in any other manner its name, book numbers, periodical numbers or edition numbers, the illegal gains shall be confiscated and a fine of not less than twice and not more than ten times the illegal gains shall be imposed simultaneously; where the circumstances are serious, the business shall be suspended for rectification or permit revoked.

Article 49 Where the name of a publishing unit, a newspaper or a periodical is forged or counterfeited to publish publications, it shall be banned, the publications and the illegal gains shall be confiscated, and a fine of not less than twice and not more than five times the illegal gains shall be imposed simultaneously; where the lawful rights or interests of other publishing units are infringed upon, the infringer shall bear civil liabilities according to law.

Article 50 Where a printing or a reproducing unit prints or reproduces publications without going through the legal printing or reproduction formalities, or a distributing unit or an individual distributes publications which do not carry the name of the publishing unit or distributes middle school and primary school textbooks which have not been examined and approved according to law, the publications and the illegal gains shall be confiscated and a fine of not more than five times the illegal gains may be imposed simultaneously; where the circumstances are serious, the business shall be suspended for ratification or the permit revoked.

Article 51 Where anyone, in violation of the provisions of these regulations, prints or reproduces, or distributes overseas publications, the publications, the publications and the illegal gains shall be confiscated and a fine of not more than five times the illegal gains shall be confiscated simultaneously; where the circumstances are serious, the business shall be suspended for rectification or the permit revoked.

Article 52 Concerning illegal acts which are subject to administrative punishments under these Regulations, where other relevant laws or administrative regulations have other provisions on the department imposing punishments, types and scope of the punishments, those provisions shall prevail; where other relevant laws or administrative regulations have no such provisions, the decision shall be made by the publication administration department of the State Council or the relevant administration department of the local people's government at or above the county level assigned by the people's government of the province, the autonomous region or the municipality directly under the Central Government. The penalty of revoking the permit shall be decided upon by the department which issued the permit.

Article 53 Any functionary of the relevant publication administration department who abuses his power, neglects his duty, or commits illegalities for personal interests or by fraudulent means shall, if the act constitutes a crime, be investigated for criminal liabilities according to law, or shall be imposed administrative sanctions according to law if the act does not constitute a crime.

Chapter VII Supplementary Provisions

Article 54 Where administrative regulations have other provisions concerning the publication, reproduction and distribution of audiovisual products, those provisions shall prevail.

The specific measures governing electronic publications shall be formulated by the publication administration department of the State Council in accordance with the principles of these Regulations.

Article 55 The specific measures governing the export of domestic publications and the import, printing or reproduction, and distribution of overseas publications shall be formulated by the publication administration department of the State Council jointly with other relevant departments of the State Council, and shall be submitted to the State Council for approval before implementation.

Article 56 Those publishing units that were set up according to the relevant provisions of the State prior to the entering into force of these Regulations shall undergo procedures of examination and approval again in accordance with these regulations within the stipulated time limit.

Article 57 These regulations shall enter into force as of February 1, 1997.