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  • Regulations on Administration of Printing Industry

    Posted on 二月 19th, 2010 znnw No comments

    (Adopted at the 43rd Executive Meeting of the State Council
    on July 26, 2001, promulgated by Decree No.315 of the State Council
    of the People’s Republic of China on August 2, 2001, and effective
    as of the date of promulgation)

     

    Chapter I General Provisions

     

    Article 1 These Regulations are formulated for
    the purpose of strengthening administration of printing industry,
    safeguarding the lawful rights and interests of printing operators
    and social and public interests, and promoting socialist cultural
    and ethical progress and material progress.

     

    Article 2 These Regulations apply to printing
    business activities with regard to publications, packaging and
    decorating printed matter, and other printed matter.

     

    “Publications” referred to in these Regulations include
    newspapers, periodicals, books, maps, Spring Festival paintings,
    painted cards, wall calendars, pictorials, and covers of
    audiovisual products and electronic publications, etc.

     

    “Packaging and decorating printed matter” referred to in these
    Regulations include representations of trade marks, advertising
    materials and printed matter such as paper, metal and plastic used
    for package and decoration of products.

     

    “Other printed matter” referred to in these Regulations include
    documents, data and information material, charts, tickets and
    coupons, certificates, name cards, etc.

     

    “Printing business activities” referred to in these Regulations
    mean business activities such as typesetting, platemaking,
    printing, binding, reprography, photomechanical printing and
    typing.

     

    Article 3 Printing operators must abide by the
    relevant laws, administrative regulations and rules, and pay
    attention to social benefits.

     

    It is prohibited to print publications, packaging and decoration
    printed matter, or other printed matter that contain reactionary,
    obscene or superstitious contents or other contents explicitly
    prohibited by the State.

     

    Article 4 The publication administration
    department of the State Council takes charge of the supervision and
    administration of printing industry throughout the country. The
    administrative department responsible for the administration of
    publication under the local people’s government at or above the
    county level (hereinafter referred to as the publication
    administration department) is responsible for the supervision and
    administration of printing industry within its own administrative
    region.

     

    The department of public security, the department for industry
    and commerce administration and other relevant departments of the
    people’s government at or above the county level are responsible
    for the supervision and administration with regard to printing
    industry within their respective functions and duties.

     

    Article 5 A printing
    operator shall establish and improve such systems as the system of
    verification of print undertaking, the system of registration of
    print undertaking, the system of storage of printed matter, the
    system of delivery of printed matter, and the system of destruction
    of defective products and substandard products, etc. The specific
    measures shall be formulated by the publication administration
    department of the State Council jointly with the public security
    department of the State Council.

     

    When finding any illegal or criminal act in printing business
    activities, a printing operator shall promptly report to the public
    security department or the publication administration
    department.

     

    Article 6 Social organizations of the printing
    industry shall, under the guidance of the publication
    administration department, carry out self-regulated management in
    accordance with their articles of association.

     

    Chapter II Establishment of Printing
    Enterprises

     

    Article 7 The State implements a system of
    licensing printing businesses. No unit or individual may engage in
    printing business without acquiring a permit for printing business
    according to these Regulations.

     

    Article 8 The following conditions shall be met
    in establishing a printing enterprise:

     

    (1) possession of a name of the enterprise and its articles of
    association;

     

    (2) possession of a well-defined scope of business;

     

    (3) possession of production and business premises that can meet
    the needs of its scope of business, and of necessary capital,
    equipment and other production and business conditions as well;

     

    (4) possession of the organizational structure and staff that
    can meet the needs of its scope of business; and

     

    (5) other conditions stipulated by the relevant laws and
    administrative regulations.

     

    In addition to the provisions stipulated in the preceding
    paragraph, the approval of the establishment of a printing
    enterprise shall also conform to the planning of the State for the
    total number, structure and distribution of printing
    enterprises.

     

    Article 9 Where a printing enterprise that
    engages in printing business activities with regard to
    publications, packaging and decorating printed matter and other
    printed matter is to be established, an application shall be made
    to the local publication administration department of the people’s
    government of the province, autonomous region or municipality
    directly under the Central Government; where an enterprise that
    solely engages in printing name cards is to be established, an
    application shall be made to the local publication administration
    department of the people’s government at the county level. Upon
    examination and approval, the applicant shall obtain a permit for
    printing business; on the basis of this permit, the applicant shall
    apply to the public security department in accordance with the
    relevant provisions of the States and, upon verification and
    approval, obtain a special industry permit; on the basis of the
    permit for printing business and the special industry permit, the
    applicant shall apply to the department for industry and commerce
    administration for registration and obtain a business license.

     

    No individual may engage in any printing business activities
    with regard to publications and packaging and decorating printed
    matter; any individual who intends to engage in the printing
    business activity of other printed matter go through the
    examination and approval formalities according to the provisions of
    the preceding paragraph.

     

    Article 10 The publication administration
    department that undertakes an application for establishing an
    enterprise engaging in printing business activities shall, within
    60 days from the date of receipt of the application, make a
    decision of approval or disapproval. If the application for the
    establishment is approved, a printing permit shall be granted to
    the applicant; if the application for the establishment is not
    disapproved, the publication administration department shall notify
    the applicant and give the reasons.

     

    A printing permit shall indicate the category of the printing
    business activity in which a printing enterprise engages.

     

    A printing permit shall not be sold, rent, lend or assigned in
    other manners.

     

    Article 11 Where a printing operator applies
    for a concurrent business or to make a change to the printing
    business activities with regard to publications, packaging and
    decorating printed matter or other printed matter, or to
    incorporate other printing operators, or to establish a new
    printing operator as a result of merger or division, formalities
    shall be gone through according to the provisions of Article 9 of
    these Regulations.

     

    Where a change is to be made to any main registration item such
    as the name, legal representative or responsible person, domicile
    or premise, or the printing business activities are to be
    terminated, the printing operator shall have the change or
    cancellation registered with the public security department and the
    department for industry and commerce administration that made the
    original registration, and shall report for the record to the
    publication administration department that originally approved the
    establishment.

     

    Article 12 The State allows the establishment
    of Chinese-foreign equity joint ventures and Chinese-foreign
    contractual joint ventures that engage in printing business,
    foreign capital enterprises that engage in printing business
    activities with regard to packaging and decorating printed matter
    are also allowed. The specific measures shall be formulated by the
    publication administration department of the State Council jointly
    with the competent department of foreign economic relations and
    trade of the State Council.

     

    Article 13 A unit that
    intends to establish an internal printing factory (shop) shall go
    through registration formalities with the publication
    administration department of the local people’s government at or
    above the county level of the place where it is located, and shall
    apply to the public security department for the record according to
    the relevant provisions of the State; if an internal printing
    factory (shop) established by a unit involves printing of printed
    matter of State secrets, it shall also go through registration
    formalities with the secret-guarding department.

     

    An internal printing factory (shop) established by a unit shall
    not engage in printing business activities; it shall go through
    formalities in accordance with the provisions of this Chapter when
    engaging in printing business activities.

     

    Chapter III Printing of Publications

     

    Article 14 The State encourages enterprises
    engaged in printing business activities with regard to publications
    to print promptly publications that embody the latest best cultural
    accomplishments both at home and abroad, and to attach great
    importance to the printing of excellent works of traditional
    culture and valuable academic writings.

     

    Article 15 Enterprises engaged in printing
    business activities with regard to publications shall not print
    publications explicitly prohibited by the State or published by
    non-publishing units.

     

    Article 16 Where publications are to be
    printed, the unit commissioning the printing and the printing
    enterprise shall conclude a printing contract in accordance with
    the relevant provisions of the State.

     

    Article 17 Where a printing enterprise
    undertakes a commission from a publishing unit to print books or
    periodicals, it shall verify and keep the letter of commission with
    the seal of the publishing unit, and, before the printing begins,
    report for the record to the publication administration department
    of the people’s government of the province, autonomous region or
    municipality directly under the Central Government where the
    publishing unit is located; where a printing enterprise undertakes
    a commission to print books or periodicals from a publishing unit
    outside the province, autonomous region or municipality directly
    under the Central Government where it is located, the letter of
    commission shall be reported for the record in advance to the
    publication administration department of the people’s government of
    the province, autonomous region or municipality directly under the
    Central Government where the printing enterprise is located. The
    format of the letter of commission shall be unified by the
    publication administration department of the State Council and be
    printed unitarily by the publication administration department of
    the people’s government of the province, autonomous region or
    municipality directly under the Central Government.

     

    Where a printing enterprise undertakes a commission from a
    publishing unit to print newspapers, it shall verify the newspaper
    publication license; where it undertakes a commission from a
    publishing unit to print a supplement to a newspaper or periodical,
    it shall also verify the documents issued by the competent
    publication administration department to approve the publication of
    the supplement.

     

    Article 18 Where a printing enterprise
    undertakes a commission to print publications of internal
    information, it shall verify the printing permit issued by the
    publication administration department of the people’s government at
    or above the county level.

     

    Where a printing enterprise undertakes a commission to print
    publications of internal information with religious contents, it
    shall verify the documents of approval issued by the religious
    affairs administration department of the people’s government of the
    province, autonomous region or municipality directly under the
    Central Government and the printing permit issued by the
    publication administration department of the people’s government of
    the province, autonomous region or municipality directly under the
    Central Government.

     

    The publication administration department shall decide whether
    to issue the printing permit or not within 30 days from the date of
    receipt of the application for printing publications of internal
    information or publications of internal information with religion
    contents, and notify the applicant; if the publication
    administration department makes no decision within the time limit,
    its consent shall be deemed to have been given.

     

    Article 19 Where a printing enterprise
    undertakes a commission to print overseas publications, it shall,
    on the basis of legal certifying documents relating to copyright,
    acquire approval from the publication administration department of
    the people’s government of the province, autonomous region or
    municipality directly under the Central Government; such printed
    publications shall all be transported overseas and shall not be
    issued and distributed within the territory.

     

    Article 20 The unit commissioning printing
    must, in accordance with the relevant provisions of the State,
    indicate on the publications printed under commission the name and
    address of the publishing unit, book number, periodical number or
    edition number, date of publication or number of issue, the actual
    name and address of the enterprise that undertakes the commission
    to print publications, and other relevant items.

     

    A printing enterprise shall, within two years from the date of
    accomplishment of the printing of a publication, keep a sample of
    the publication printed under commission for checking.

     

    Article 21 A printing
    enterprise shall not pirate publications, shall not sell, print
    more than the commissioned amount or print for a third party the
    publications printed under commission, and shall not sell, rent,
    lend or in any other manner transfer to any other unit or
    individual the paper matrixes or printing negatives of the
    publications printed under commission.

     

    Article 22 A printing
    enterprise shall not solicit orders for or sell publications, and
    shall not counterfeit or usurp the name of other persons to print
    or sell publications.

     

    Chapter IV Printing of Packaging and Decorating Printed
    Matter

     

    Article 23 An enterprise engaged in printing
    business activities with regard to packaging and decorating printed
    matter shall not print counterfeit or forged representations of
    registered trade marks, and shall not print advertising materials
    or printed matter used to package or decorate a product by which
    consumers may be easily misled.

     

    Article 24 Where a printing enterprise
    undertakes a commission to print the representation of a registered
    trade mark, it shall verify the copy of the Trade Mark Registration
    Certificate with the seal of the department for industry and
    commerce administration at the county level in the place where the
    trade mark registrant is located, and check the drawing of the
    registered trade mark provided by the commissioning party; where a
    printing enterprise undertakes a commission from the licensee of a
    registered trade mark to print the representation of the registered
    trade mark, it shall also verify the licensing contract of the
    registered trade mark. The printing enterprise shall keep for two
    years the copy of the Trade Mark Registration Certificate with the
    seal of the department for industry and commerce administration,
    the drawing of the registered trade mark and the copy of the
    licensing contract of the registered trademark for examination and
    verification.

     

    Where the State has separate provisions on the printing of the
    representation of registered trade mark, printing enterprises shall
    also comply with these provisions.

     

    Article 25 Where a printing enterprise
    undertakes a commission to print advertising materials or printed
    matter used to package or decorate a product, it shall verify the
    business license of the unit or the resident identity card of the
    individual commissioning the printing; where a printing enterprise
    undertakes a commission from an advertising operator to print
    advertising materials, it shall also verify the advertising
    qualifications certificate.

     

    Article 26 Where a printing enterprise
    undertakes a commission to print packaging and decorating printed
    matter, it shall deliver all the finished products, semi-finished
    products, waste products and printing plates, paper matrixes,
    negatives and original manuscripts to the unit or individual
    commissioning the printing, and shall not retain any of them
    without permission.

     

    Article 27 Where a printing enterprise
    undertakes a commission to print overseas packaging and decorating
    printed matter, it shall, before the printing begins, report for
    the record 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; such printed packaging and decorating printed matter shall
    all be transported overseas and shall not be sold within the
    territory.

     

    Chapter V Printing of Other Printed Matter

     

    Article 28 Printing of documents, materials,
    charts, tables and other matter on which categories of secrecy are
    marked shall be in compliance with the provisions of the relevant
    laws, regulations or rules of the State.

     

    Article 29 For printing public notices,
    circulars, staff identity cards or passes for major activities, or
    coupons circulated for use in the society, the unit commissioning
    the printing shall present the certification issued by its
    competent department, and, in accordance with the relevant
    provisions of the State, go through formalities for approval of
    printing at the public security department of the place where the
    printing enterprise is located and the printing shall be conducted
    by a printing enterprise designated by the public security
    department. The printing enterprise designated by the public
    security department shall verify the certification issued by the
    competent department and the printing-approval certification issued
    by the public security department and keep for two years the copy
    of the certification issued by the competent department and the
    copy of the printing-approval certification issued by the public
    security department for examination and verification, and shall not
    further commission other persons to print the above-mentioned
    printed matter.

     

    For printing valuable or non-value coupons to be used internally
    within an agency, a social organization, a military unit, an
    enterprise or an institution, or for printing special printed
    matter such as introduction letters, employee cards, membership
    cards, passes, academic degree certificates, educational
    qualification certificates or other academic certificates bearing
    the name of a unit, the unit commissioning the printing shall
    present a printing commission certification. The printing
    enterprise shall verify the certification.

     

    The enterprise undertaking the printing shall not retain any
    sample copy or specimen page of the printed matter referred to in
    the preceding two paragraphs; where it is necessary indeed to
    retain the sample copy or specimen page for professional reference
    purposes, consent shall be obtained from the unit commissioning the
    printing and the retained printed matter shall be stamped with
    “sample copy “or “specimen page”, and be properly preserved and
    shall not be lost.

     

    Article 30 Where a printing enterprise
    undertakes a commission to print religious articles, it shall
    verify the documents of approval issued by the religious affairs
    administration department of the people’s government of the
    province, autonomous region or municipality directly under the
    Central Government, and the printing permit issued by the
    publication administration department of the people’s government of
    the province, autonomous region or municipality directly under the
    Central Government; the publication administration department of
    the people’s government of the province, autonomous region or
    municipality directly under the Central Government shall decide
    whether to issue the printing permit or not within 10 days from the
    date of receipt of the application for printing the religious
    articles and notify the applicant; if the publication
    administration department makes no decision within the time limit,
    it shall be deemed to have given its consent.

     

    Article 31 An individual engaged in printing
    business activities with regard to other printed matter shall not
    print documents, materials, charts, tables or other printed matter
    on which categories of secrecy are marked, shall not print public
    notices, circulars, staff identity cards or passes for major
    activities, or coupons circulated for use in the society, shall not
    print valuable or non-value coupons to be used internally within an
    agency, a social organization, a military unit, an enterprise or an
    institution, shall not print special printed matter such as
    introduction letters, employee cards, membership cards, passes,
    academic degree certificates, educational qualification
    certificates or other academic certificates bearing the name of a
    unit, and shall not print religious articles.

     

    Article 32 Where a printing enterprise
    undertakes a commission to print other printed matter from
    overseas, it shall, before the printing begins, report for the
    record 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; such
    other printed matter shall all be transported overseas and shall
    not be sold within the territory.

     

    Article 33 A printing
    enterprise and an individual engaged in printing business
    activities with regard to other printed matter shall not pirate
    other persons’ other printed matter, shall not sell, print more
    than the commissioned amount or print for a third party the other
    printed matter printed under commission, and shall not sell, rent,
    lend, or in any other manner transfer to any other unit or
    individual the paper matrixes or printing negatives of the other
    printed matter printed under commission from a publishing
    unit.

     

    Chapter VI Penalty Provisions

     

    Article 34 Anyone who, in violation of the
    provisions of these Regulations, establishes a printing enterprise
    without authorization or engages in printing business activities
    without authorization shall be banned by the public security
    department and the department for industry and commerce
    administration according to their statutory functions and powers;
    the printed matter, illegal income and the devices and equipment
    specially used for the purpose of the illegal activities shall be
    confiscated; if the amount of the illegal operations is not less
    than 10,000 yuan, a fine of not less than five times but not more
    than 10 times the amount of the illegal operations shall be
    concurrently imposed; if the amount of the illegal operations is
    less than 10,000 yuan, a fine of not less than 10,000 yuan but not
    more than 50,000 yuan shall be concurrently imposed; if the act
    constitutes a crime, the criminal liability shall be investigated
    according to law.

     

    Where an internal printing factory(shop) established by a unit
    engages in printing business activities without going through the
    formalities provided for in Chapter II of these Regulations, it
    shall be punished according to the provisions of the preceding
    paragraph.

     

    Article 35 Where, in violation of the
    provisions of these Regulations, a printing operator commits any
    one of the following acts, the publication administration
    department of the people’s government at or above the county level
    shall order him to stop illegal activities, and suspend the
    business for rectification, confiscate the printed matter and
    illegal income, and concurrently impose a fine of not less than
    five times but not more than ten times the amount of the illegal
    operations if the amount of the illegal operations is not less
    10,000 yuan; if the amount of the illegal operations is less than
    10,000 yuan, a fine of not less than 10,000 yuan but not more than
    50,000 yuan shall be concurrently imposed; if the circumstances are
    serious, the permit shall be revoked by the original issuing
    department; if the act constitutes a crime, the criminal liability
    shall be investigated according to law.

     

    (1) without acquiring the permit issued by the publication
    administration department, operating a concurrent business or
    making a change to the printing business activities with regard to
    publications, packaging and decorating printed matter or other
    printed matter, or incorporating other printing operators;

     

    (2) establishing a new printing operator as a result of merger
    or division without going through the formalities according to the
    provisions of these Regulations; or

     

    (3) selling, renting, lending the printing business license or
    assigning it in other manners.

     

    Article 36 Where a printing operator prints
    publications, packaging and decorating printed matter or other
    printed matter which, it or he knows clearly or ought to know,
    contain the contents prohibited by the provisions of Article 3 of
    these Regulations, or prints publications explicitly prohibited by
    the State or published by non-publishing units, the publication
    administration department and public security department of the
    people’s government at or above the county level shall order to
    suspend business for rectification according to their statutory
    functions and powers, confiscate the printed matter and illegal
    income, and concurrently impose a fine of not less than five times
    but not more than ten times the amount of the illegal operations if
    the amount of the illegal operations is not less than 10,000 yuan;
    if the amount of the illegal operations is less than 10,000 yuan, a
    fine of not less than 10,000 yuan but not more than 50,000 yuan
    shall be concurrently imposed; if the circumstances are serious,
    the permit shall be revoked by the original issuing department; if
    the act constitutes a crime, the criminal liability shall be
    investigated according to law.

     

    Article 37 Any printing operator, if committing
    any one of the following acts, shall be ordered to make corrections
    and given a warning by the publication administration department
    and the public security department of the people’s government at or
    above the county level; if the circumstances are serious, it or he
    shall be ordered to suspend business for rectification or its or
    his permit shall be revoked by the original issuing department:

     

    (1) failure to establish the systems such as the system of
    verification of print undertaking, the system of registration of
    print undertaking, the system of storage of printed matter, the
    system of delivery of printed matter;

     

    (2) failure to report promptly to the public security department
    or publication administration department illegal or criminal acts
    found in printing business activities;

     

    (3) failure to report for the record to the publication
    administration department that originally approves the
    establishment where a change is to be made to any main registration
    item such as the name, legal representative or responsible person,
    domicile or premise, or the printing business activities are to be
    terminated;

     

    (4) failure to keep the documents for examination and
    verification according to the provisions of these Regulation.

     

    Where, in violation of the provisions of these Regulations, an
    internal printing factory (shop) is established by a unit without
    going through registration formalities with the publication
    administration department and the secret-guarding department of the
    local people’s government at or above the county level of the place
    where it is located, and without reporting for the record to the
    public security department in accordance with the relevant
    provisions of the State, the publication administration department,
    the secret-guarding department and the public security department
    of the local people’s government at or above the county level
    shall, according to their statutory functions and powers, order to
    make corrections and give a warning; where the circumstances are
    serious, the business shall be suspended for rectification.

     

    Article 38 Any enterprise engaged in printing
    business activities with regard to publications, if committing any
    one of the following acts, shall be given a warning and have the
    illegal income confiscated by the publication administration
    department of the local people’s government at or above the county
    level; if the amount of the illegal operations is not less than
    10,000 yuan, a fine of not less than five times but not more than
    ten times the amount of the illegal operations shall be
    concurrently imposed; if the amount of the illegal operations is
    less than 10,000 yuan, a fine of not less than 10,000 yuan but not
    more than 50,000 yuan shall be concurrently imposed; if the
    circumstances are serious, it or he shall be ordered to suspend
    business for rectification or its or his permit shall be revoked by
    the original issuing department; if the act constitutes a crime,
    criminal liability shall be investigated according to law:

     

    (1) undertaking a commission from another person to print
    publications without verifying the letter of commission, relevant
    certification or printing permit according to the provisions of
    these Regulations, or without reporting for the record the letter
    of commission to the publication administration;

     

    (2) counterfeiting or usurping the name of other person to print
    publications;

     

    (3) pirating publications of other person;

     

    (4) illegally printing more than the commissioned amount or
    selling publications printed under commission;

     

    (5) soliciting orders for or selling publications;

     

    (6) renting, lending, selling or transferring in any other
    manner to other person without authorization the paper matrixes and
    printing negatives of publications printed under commission of a
    publishing unit; or

     

    (7) undertaking a commission to print overseas publications
    without approval, or failing to transport all such printed
    publications overseas.

     

    Article 39 Any enterprise engaged in printing
    business activities with regard to packaging and decorating printed
    matter, if committing any one of the following acts, shall be given
    a warning and have the illegal gains confiscated by the publication
    administration department of the local people’s government at or
    above the county level; if the amount of the illegal operations is
    not less than 10,000 yuan, a fine of not less than five times but
    not more than ten times the amount of the illegal operations shall
    be concurrently imposed; if the amount of the illegal operations is
    less than 10,000 yuan, a fine of not less than 10,000 yuan but not
    more than 50,000 yuan shall be concurrently imposed; where the
    circumstances are serious, it or he shall be ordered to suspend
    business for rectification or its or his permit shall be revoked by
    the original issuing department; if the act constitutes a crime,
    criminal liability shall be investigated according to law.

     

    (1) undertaking a commission to print the representation of a
    registered trade mark without verifying and checking, according to
    the provisions of these Regulations, the copy of the Trade Mark
    Registration Certificate with the seal of the department for
    industry and commerce administration, the drawing of the registered
    trade mark or the copy of the licensing contract of the registered
    trade mark;

     

    (2) undertaking a commission to print advertising materials or
    printed matter used to package or decorate a product without
    verifying, according to the provisions of these Regulations, the
    business license of the unit or the resident identity card of the
    individual commissioning printing, or undertaking a commission from
    an advertising operator to print advertising materials without
    verifying the advertising qualifications certificate;

     

    (3) pirating packaging and decorating printed matter of other
    person; or

     

    (4) undertaking a commission to print overseas packaging and
    decorating printed matter without reporting for the record to the
    publication administration department according to the provisions
    of these Regulations, or failing to transport all printed matter
    overseas.

     

    Where a printing enterprise violates the relevant provisions of
    the State on the administration of the printing of trade marks or
    advertisements when undertaking a commission to print
    representations of registered trade marks or advertising materials,
    it shall be given a warning and have the printed matter and illegal
    income confiscated by the department for industry and commerce
    administration; if the amount of the illegal operations is not less
    than 10,000 yuan, a fine of not less than five times but not more
    than ten times the amount of the illegal operations shall be
    concurrently imposed; if the amount of the illegal operations is
    less than 10,000 yuan, a fine of not less than 10,000 yuan but not
    more than 50,000 yuan shall be concurrently imposed.

     

    Article 40 Any enterprise or individual engaged
    in printing business activities with regard to other printed
    matter, if committing any on of the following acts, shall be given
    a warning and have the printed matter and illegal income
    confiscated by publication administration department of the local
    people’s government at or above the county level; if the amount of
    the illegal operations is not less than 10,000 yuan, a fine of not
    less than five times but not more than ten times the amount of the
    illegal operations shall be concurrently imposed; if the amount of
    the illegal operations is less than 10,000 yuan, a fine of not less
    than 10,000 yuan but not more than 50,000 yuan shall be
    concurrently imposed; where the circumstances are serious, it or he
    shall be ordered to suspend business for rectification or its or
    his permit shall be revoked by the original issuing department; if
    the act constitutes a crime, criminal liability shall be
    investigated according to law.

     

    (1) undertaking a commission to print other printed matter
    without verifying relevant certifications according to the
    provisions of these Regulations;

     

    (2) further commissioning other person to print the other
    printed matter under a commission without authorization;

     

    (3) renting, lending, selling or transferring in any other
    manner to other persons the paper matrixes and printing negatives
    of other printed matter printed under a commission;

     

    (4) counterfeiting or altering official documents or
    certificates of State organs such as academic degree certificates,
    educational qualification certificates, etc., or official documents
    or certificates of enterprises, institutions or people’s
    organizations, or pirating other printed matter of other
    person;

     

    (5) illegally printing other printed matter more than the
    commissioned amount or selling other printed matter under a
    commission;

     

    (6) undertaking an overseas commission to print other printed
    matter without reporting for the record to the publication
    administration department according to the provisions of these
    Regulations, or failing to transporting all such printed matter
    overseas;

     

    (7) an individual engaged in printing business activities with
    regard to other printed matter exceeding the scope of his
    business.

     

    Article 41 Where any of the following acts is
    committed, a warning shall be given by the public security
    department, and the printed matter and illegal income shall be
    confiscated; if the amount of the illegal operations is not less
    than 10,000 yuan, a fine of not less than five times but not more
    than ten times the amount of the illegal operations shall be
    concurrently imposed; if the amount of the illegal operations is
    less than 10,000 yuan, a fine of not less than 10,000 yuan but not
    more than 50,000 yuan shall be concurrently imposed; where the
    circumstances are serious, the business shall be suspended for
    rectification or the special industry permit hall be revoked:

     

    (1) printing public notices, circulars, staff identity cards or
    passes for major activities, or coupons circulated for use in the
    society without verifying the certification issued by the competent
    department and the printing permit issued by the public security
    department, or further commissioning other persons to print the
    above-mentioned printed matter;

     

    (2) printing public notices, circulars, staff identity cards or
    passes for major activities, or coupons circulated for use in the
    society without being designated by the public security
    department;

     

    (3) a printing operator counterfeits or alters official
    documents or certificates of State organs such as academic degree
    certificates, educational qualification certificates, etc., or
    official documents or certificates of enterprises, institutions or
    people’s organizations;

     

    For printing public notices, circulars, staff identity cards or
    passes for major activities, or coupons circulated for use in the
    society, if the unit commissioning the printing fails to acquire
    the certification issued by its competent department, or fails to
    go through the formalities for approval of printing according to
    the provisions of the State with the public security department of
    the place where the printing enterprise is located, or fails to
    have the printing conducted at a printing enterprise designated by
    the public security department, it shall be imposed a fine not less
    than 500 yuan but not more than 5,000 yuan by the public security
    department of people’s government at or above the county level.

     

    Article 42 Where, in violation of the
    provisions of these Regulations, a printing operator commits any
    one of the following acts, it or he shall be ordered to make
    corrections and given a warning by the publication administration
    department of the local people’s government at or above the county
    level; where the circumstances are serious, it or he shall be
    ordered to suspend business for rectification or its or his permit
    shall be revoked by the original issuing department:

     

    (1) an enterprise engaged in printing business activities with
    regard to packaging and decorating printed matter retains without
    permission the finished products, semi-finished products, waste
    products and printing plates, paper matrixes, negatives or original
    manuscripts of the packaging and decorating printed matter printed
    under commissioned;

     

    (2) an enterprise or individual engaged in printing business
    activities with regard to other printed matter retains without
    permission the sample copy or specimen page of the other printed
    matter; or fails to stamp the retained printed matter with “sample
    copy “or “specimen page”.

     

    Article 43 Where a printing operator is imposed
    the administrative penalty of revoking of its or his permit, it or
    he shall, according to the relevant provisions of the State, have
    the change(s) or cancellation registered with the department for
    industry and commerce administration; if it or he fails to do so
    after expiration of the time limit, its or his business license
    shall be revoked by the department for industry and commerce
    administration.

     

    Article 44 Where a printing enterprise is
    imposed the administrative penalty of revoking of its permit, its
    legal representative or responsible person shall not hold the same
    post in any printing enterprise within ten years from the date of
    revocation of its permit.

     

    Where an individual engaged in printing business activities with
    regard to other printed matter is imposed the administrative
    penalty of revoking of his permit, he shall not engage himself in
    printing business activities within ten years from the date of
    revocation of its permit.

     

    Article 45 The administrative punishment
    imposed according to the provisions of these Regulations shall, in
    accordance with the relevant laws and administrative regulations,
    exercise the separation of decision making and fine collecting, and
    the fine collected shall all be turned over to the State
    Treasury.

     

    Article 46 Where a publication administration
    department, a public security department, a department for industry
    and commerce administration or any other relevant departments, in
    violation of the provisions of these Regulations, approves the
    establishment of a printing enterprise that does not meet the
    conditions for establishment, or fails to perform its functions and
    duties of supervision, or fails to investigate and deal with
    illegal acts, thus resulting in serious consequences, the person in
    charge who is responsible and the other person who is directly
    responsible shall be given a administrative sanction of demotion or
    dismissal from office; if a crime is constituted, criminal
    liability shall be investigated according to law.

     

    Chapter VII Supplementary Provisions

     

    Article 47 Those printing enterprises
    established according to law before the effectiveness of these
    Regulations shall renew their Permit for Printing Business with the
    publication administration departments within 180 days from the
    date of effectiveness of these Regulations.

     

    For issuing permits according to these Regulations, no other
    fees shall be charged other than the cost of the permits charged
    according to statutory standards.

     

    Article 48 These Regulations shall be effective
    as of the date of promulgation. The Regulations on Administration
    of Printing Business promulgated by the State Council on March 8,
    1997 shall be repealed simultaneously.

     

    (State Council)

     

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