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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II ESTABLISHMENT OF PUBLICATION DISTRIBUTING ENTITIES CHAPTER III ADMINISTRATION OF PUBLICATION DISTRIBUTION ACTIVITIES CHAPTER IV PENALTY PROVISIONS CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Provisions are formulated in accordance with the Regulation on the Administration of Publication and other relevant laws and administrative regulations for the purpose of regulating the publications distributing activities as well as the supervision and administration thereof, setting up a unified, open, competitive and orderly market system of publications nationwide and developing the socialist publishing industry. Article 2. The present Provisions shall apply to the publications distribution activities as well as the supervision and administration thereon. "Publications" mentioned in the present Provisions refers to newspapers, periodicals, books and electronic publications, etc. "Distribution" mentioned in the present Provisions includes the activities of general distribution, wholesale, retail, lease, and sales exhibitions, etc. "General distribution" mentioned in the present Provisions means exclusive sale of publications by an entity engaging in general distribution of publications. "Wholesale" mentioned in the present Provisions means sale of publications to other publication operators. "Retail" mentioned in the present Provisions means sale of publications directly to consumers. "Lease" mentioned in the present Provisions means the provision of publications to readers by charging a rental. "Sales exhibitions" mentioned in the present Provisions means concentrative exhibition, sale or subscription of publications at a fixed place and within a time. Article 3. The State applies a licensing system to the distribution of publications. Without a permit, no entity or individual may engage in the activity of distributing publications. A lawfully established publication distributing entity or an individual approved to engage in the publication distributing business may be engaged in publication distribution activities in accordance with the law, and no entity or individual may interfere unless it or he does so according to law. Article 4. The General Administration of Press and Publication (hereinafter referred to the GAPP) shall be responsible for supervising and administering the publication distributing activities countrywide, and be responsible for making the national development planning of the publication distributing industry. The administrative department of press and publication of a province, autonomous region or municipality directly under the Central Government shall be responsible for supervising and administering the publication distributing activities within its own jurisdiction, and making the planning for its own jurisdiction on the development of the publication distributing industry. The administrative department of press and publication under each people's government at the provincial level or below shall be responsible for supervising and administering the publication distributing activities within its own jurisdiction. Article 5. The GAPP and the administrative departments of press and publication of all provinces, autonomous regions and municipalities directly under the Central Government shall, before making the planning on the setup of a publication distributing network, have it scientifically demonstrated, and comply with the principles of being lawful, impartial and practical, and of promoting the development. The planning made by the administrative department of press and publication of a province, autonomous region or municipality directly under the Central Government on the setup of publication distributing network must be examined and consented by the GAPP, and be submitted to the people's government at the same level for approval, and then be announced within its own jurisdiction, otherwise such planning shall not be considered the basis for approving publication distribution entities. CHAPTER II ESTABLISHMENT OF PUBLICATION DISTRIBUTING ENTITIES Article 6. Anyone who intends to establish an enterprise of general distribution of publications or any other entity that intends to engage in the general publication distributing business shall meet the following conditions: (1) Having a definite enterprise name and a well-defined business scope; (2) Taking the distribution of publications as its/his main business; (3) Having distribution professionals suitable for the general publication distributing business, with its legal representative or major person-in-charge holding the occupational qualification to be a senior publication distributor or above, and each of its distributors holding the occupational qualification to be a primary publication distributor or above; (4) Having equipment suitable for the general publication distributing business and a fixed business place of not less than 1,000 square meters; (5) Having a registered capital of no less than 20 million Yuan; and (6) Having corresponding computer management equipments and a sound management system. Article 7. Anyone, who applies to establish an enterprise of general distribution of publications, or any other entity applies to engage in the general publication distributing business, shall submit the application documents prescribed in Paragraph 2 of the present Article to the GAPP, and the State Administration of Press and Publication shall, within 20 working days as of receiving the application documents, make a decision on whether or not to grant the approval, and inform the applicant in writing. If the application is approved, the GAPP shall issue a "Permit for Operating Publications", and the applicant shall, upon the strength of the "Permit for Operating Publications", obtain a business license in the administrative department for industry and commerce in accordance with the law; if the application is not approved, the reason thereof shall be stated. The application documents shall include the following written documents: (1) An application, which states the entity's name, address, or the name and domicile of the legal representative or major person-in-charge, the sources and amount of capital, etc.; (2) The organizational structure and articles of association; (3) The proof of credit on registered capital; (4) Information on the business place and the proof on the right to use it; (5) Identification certification of the legal representative or major person-in-charge; (6) Certificates of occupational or technical titles of the legal representative or major person-in-charge; and (7) Documents of proof on corresponding computer management conditions. Article 8. Anyone who intends to establish a publications wholesaling enterprise, or any other entity that intends to engage in the publication wholesaling business, shall meet the following conditions: (1) Having a definite enterprise name and a well-defined business scope; (2) Having distribution professionals suitable for the publications wholesaling business, with its legal representative or major person-in-charge holding the medium-grade occupational qualification of publication distributor or above, or a medium-grade professional and technical title or above relating to distribution of publications acknowledged by the GAPP; (3) Having equipment suitable for the publication wholesaling business and a fixed business place, with the single store that enter the wholesale market of no less than 50 square meters, and the independently set up business place of no less than 500 square meters; (4) Having a registered capital of no less than 2 million Yuan; and (5) Having corresponding computer management conditions. Article 9. Anyone who applies for establishing a publications wholesaling enterprise, or any other entity who applies for engaging in the publications wholesaling business, shall submit the application documents prescribed in Paragraph 3 of this Article to the local administrative department of press and publication at the prefecture or city level, and the administrative department of press and publication at the prefecture or city level shall, within 20 working days as of receiving the application documents, render its examination opinions, which shall be submitted together with the application documents to the administrative department of press and publication of the province, autonomous region, or municipality directly under the Central Government for examination and approval. The administrative department of press and publication of the province, autonomous region, or municipality directly under the Central Government shall, within 20 working days as of receiving the application documents, make a decision on whether or not to grant the approval, and inform the applicant in writing. If the application is approved, the administrative department of press and publication of the province, autonomous region, or municipality directly under the Central Government shall issue a Permit for Operating Publications, and report to the GAPP for archival purpose. The applicant shall, upon the strength of the Permit for Operating Publications, obtain a business license from the administrative department for industry and commerce. If the application is not approved, the reason thereof shall be stated. The application materials shall include the following written documents: (1) an application, which states the entity's name, address, or the name and domicile of the legal representative or major person-in-charge, the sources and amount of capital, etc.; (2) The articles of association of the enterprise; (3) The proof of credit on registered capital; (4) Information on the business place and the proof on the right to use it; (5) Identification certification of the legal representative or major person-in-charge; (6) Certificate of occupational or technical title of the legal representative or major person-in-charge; and (7) Documents of proof on corresponding computer management conditions. Article 10. Anyone who intends to establish a publications retailing enterprise, or any other entity or individual who intends to engage in the publications retailing business, shall meet the following conditions: (1) Having a definite name and a well-defined business scope; (2) The business operator shall hold the occupational qualification to be a primary publication distributor or above, or a professional and technical title relating to distribution of publications or above acknowledged by the GAPP; and (3) Having a fixed business place suitable for its/his business. Article 11. An entity or individual that applies for establishing a publications retailing enterprise, or any other entity or individual who applies for engaging in the publication retailing business, shall submit the application documents prescribed in Paragraph 2 of this Article to the local administrative department of press and publication under the people's government at the county level, and the administrative department of press and publication shall, within 20 working days as of receiving the application documents, make a decision on whether or not to grant the approval, and inform the applicant in writing. If the application is approved, a Permit for Operating Publications shall be issued, and the issuance be reported to the superior administrative department of press and publication for archival purpose. The applicant shall, upon the strength of Permit for Operating Publications, obtain the business license from the administrative department for industry and commerce. If the application is not approved, the reason thereof shall be stated. The application materials shall include the following written documents: (1) An application, which states the entity's name, address, or the name and domicile of the legal representative or major person-in-charge, etc.; (2) Information on the business place and the proof on the right to use it; and (3) Identification certification and occupational or technical qualification certificate of the business operator. Article 12. Anyone intends to establish a publications leasing enterprise, or any other entity or individual who intends to engage in publications leasing business, shall bring the copy of its business license and the materials with information about its business address, legal representative or major person-in-charge to the local administrative department of press and publication at the county level for archival purpose within 15 days as of obtaining the business license. Article 13. Anyone who intends to establish an enterprise engaging in chain operations of publications, or any other chain enterprise who intends to engage in chain operations of publications, shall meet the following conditions: (1) Having a definite enterprise name and articles of association; (2) Having the organizational form and operational method conforming to chain operations; (3) Having a registered capital of no less than 3 million Yuan, or no less than 10 million Yuan in case of nationwide chain operations; (4) Having no less than 10 direct chain stores; (5) Having distribution professionals suitable for the chain operations, with its legal representative or major person-in-charge holding the medium-grade occupational qualification of publication distributor or above, or a medium-grade professional and technical title or above relating to distribution of publications acknowledged by the GAPP; (6) The head office and its stores have business places suitable for their business, among which the area of the sample store shall be no less than 500 square meters; and (7) Having corresponding computer management conditions and sound management systems. Article 14. An entity or individual who applies for establishing an enterprise engaging in chain operations of publications, or any other chain enterprise which applies for engaging in chain operations of publications, shall submit the application documents prescribed in Paragraph 3 of the present Article to the administrative department of press and publication at the prefecture or city level where the headquarter is located, and the administrative department of press and publication at the prefecture or city level shall, within 20 working days as of receiving the application documents, render its examination opinions, which shall be submitted together with the application documents to the administrative department of press and publication of the province, autonomous region, or municipality directly under the Central Government for approval. An entity or individual who applies to establish an enterprise engaging in nationwide chain operations of publications, or any other chain enterprise that applies for engaging in nationwide chain operations of publications, shall submit the application documents prescribed in Paragraph 3 of the present Article to the administrative department of press and publication of the province, autonomous region or municipality directly under the Central Government where the headquarter is located, and the administrative department of press and publication of the province, autonomous region or municipality directly under the Central Government shall, within 20 working days as of receiving the application documents, render its examination opinions, which shall be submitted together with the application documents to the GAPP for examination and approval. The approval organ shall, within 20 working days as of receiving the application documents, make a decision on whether or not to grant the approval, and inform the applicant in writing. If the application is approved, the administrative department of press and publication of the province, autonomous region or municipality directly under the Central Government shall issue a Permit for Operating Publications, and report to the GAPP for archival purposes; if the nationwide chain operations is approved, the GAPP shall issue a Permit for Operating Publications, and the applicant shall get a business license from the administrative department for industry and commerce upon the strength of Permit for Operating Publications. If the application is disapproved, the reason thereof shall be stated. The application documents shall include the following written documents: (1) An application, which states the entity's name, address, or the name and domicile of the legal representative or major person-in-charge, the sources and amount of capital, etc.; (2) The organizational structure and articles of association; (3) The certification of credit on registered capital; (4) The plan on opening stores; (5) The name list of the business places of the headquarter and the chain stores, and the proof on the right to use them; (6) The identification certification of the legal representative or major person-in-charge; (7) The occupational or technical qualification certificates of the legal representative or major person-in-charge; and (8) Certification documents on corresponding computer management conditions. Article 15. A chain store isn't required to apply for a Permit for Operating Publications. It may get a business license from the administrative department for industry and commerce in accordance with the law after it have completed the record-keeping formalities at the administrative department of press and publication under the people's government at the county level where the store is located upon the strength of a photocopy of the Permit for Operating Publications of the headquarter of the entity engaging in chain operations of publications. If an entity engaging in chain operations of publications opens a non-chain store, the store shall go through the formalities for examination and approval in accordance with the relevant provisions in Articles 10 and 11 of the present Provisions, unless it has already obtained a Permit for Operating Publications. Article 16. Anyone who establishes a Sino-foreign joint venture, Sino-foreign cooperative enterprise or wholly foreign-funded enterprise for engaging in distribution of books, newspapers or periodicals shall comply with the Measures on the Administration of Foreign-Funded Enterprises Engaging in Distributive Sale of Books, Newspapers, Periodicals formulated by the GAPP and the Ministry of Foreign Trade and Economic Cooperation. Article 17. Anyone who applies for establishing an enterprise engaging in the publications distribution business through Internet or other information network, or any other entity that applies for engaging in the publications distribution business through internet or other information network, shall comply with Articles 8 and 9 of the present Provisions. An enterprise engaging in general distribution of publications or a wholesale enterprise may engage in publications distribution business through Internet or other information network without being subject to examination and approval. Article 18. Anyone who applies for establishing a reader friends association, readers club or other similar organization that absorbs members within the province, autonomous region or municipality directly under the Central Government, or a publishing entity applies for establishing a reader friends association, readers club or other similar organization that distributes publications of the current edition, shall comply with Articles 10 and 11 of the present Provisions. Anyone who applies for establishing a reader friends association, readers club or other similar organization that absorbs members from different provinces, autonomous regions, or municipalities directly under the Central Government, shall comply with Articles 8 and 9 of the present Provisions. An enterprise engaging in general distribution of publications or a publications wholesale enterprise may establish a reader friends association, readers club or other similar organization, and a publications retail entity may establish a reader friends association, readers club or other similar organization that absorbs members within the province, autonomous region or municipality directly under the Central Government, without being subject to examination and approval. Article 19. Anyone who intends to establish a market for wholesale of publications shall meet the following conditions: (1) Having enough fixed place for the wholesale entities to carry out their concentrative operations, and the operation area shall be no less than 5,000 square meters; (2) The business entities entering the wholesale market must be publications distribution enterprises with the right of wholesaling publications; (3) Having a sound market administration office, as well as rules and bylaws; (4) Having basic facilities for office work, storage, traffic and communication, and being able to provide the business entities with necessary services; (5) The market administration office and the business entities can all be under uniform computer management; and (6) Other conditions prescribed in regulations and rules. Article 20. The distribution enterprise restructured from a publishing entity's distribution department may engage in the general distribution of publications of the current edition, provided that it must go through the formalities in accordance with Articles 6 and 7 of the present Provisions. If a publishing entity intends to establish a publication distribution enterprise or to wholesale or retail the publications published by another publishing entity, it must go through the formalities in accordance with Articles 8 and 9 or Articles 10 and 11 of the present Provisions. A publishing entity, which intends to establish a distribution branch without the status of legal person for distributing the publications of the current edition, shall, within 15 days after the establishment of the distribution branch, undergo the record-keeping formalities at the local administrative department of press and publication of the province, autonomous region or municipality directly under the Central Government upon the strength of the photocopy of the Permit for Operating Publications issued by the GAPP and relevant materials of the address and personnel of the distribution branch. The establishment of the distribution branch shall be consistent with the plan of the locality on the setup of publications distribution network. Article 21. If a publication distribution entity intends to modify its name or business scope, or merges another publication distribution entity, or if a publications distribution entity newly established after merger or division intends to modify its address beyond the jurisdiction of the approval department, it must go through the formalities for approval in accordance with the present Provisions. If a publications distribution entity intends to modify other registered particulars, it shall, after going through corresponding formalities in the administrative department for industry and commerce that handled original registration, go through the record-keeping formalities in the administrative department of press and publication that granted the approval. If a publication distributing entity terminates its business due to closure of business, revocation, bankruptcy or due to any other reason, it shall make cancellation registration in the administrative department of press and publication that granted the approval, and hand back the permit. Article 22. Anyone who intends to establish an enterprise engaging in general distribution of publications, a publication wholesaling or retailing enterprise, or any other entity or individual who intends to engage in the general publication distributing business or the publication wholesaling or retailing business shall, besides meeting the conditions prescribed in Articles 6, 8 and 10 of the present Provisions, conform to the plan of the GAPP and the administrative department of press and publication of the province, autonomous region or municipality directly under the Central Government on the setup of publications distribution network. Article 23. The administrative department of press and publication shall timely examine the applicant's application documents, and shall, if finding the application documents are incomplete, clearly inform the applicant of the all items to be supplemented within 3 working days as of receiving the application documents; if it fails to do so, the day when it receives the application materials shall be deemed as the day of acceptance. CHAPTER III ADMINISTRATION OF PUBLICATION DISTRIBUTION ACTIVITIES Article 24. No organization or individual may distribute any of the following publications: (1) The forbidden publications containing any content prohibited by Articles 26 or 27 of the Regulation on the Administration of Publication; (2) Various illegal publications, including publications discretionally published, printed or reproduced without approval, publications published in a forged or disguised name of a publishing entity or newspaper, illegally imported publications, and publications published under trading of the book number, journal or magazine number or publisher's code, and so on; (3) The publications infringing upon other person's copyright or exclusive publishing right; (4) The publications explicitly prohibited by the administrative department of press and publication from being published, printed, reproduced or distributed. Article 25. With regard to any internally circulated reference publications that must be handed out free of charge within the division, industry or entity concerned, and no organization or individual may distribute them. Article 26. An entity or individual engaging in the publication distribution business must abide by the following provisions: (1) It/he shall not purchase publications from a non-publication publishing or distributing entity; (2) It/he shall not participate in the trading of book numbers, journal or magazine numbers or publisher's codes in any form; (3) It/he shall not conduct business operations beyond the business scope or business place approved by the administrative department of press and publication; (4) It/he shall not post or hand out subscription lists, advertisements or picture posters containing any content prohibited by laws or regulations or containing deceptive words; (5) It/he shall not sell publications by attaching irrelevant ones or sell publications by force; (6) It/he shall not discretionally modify the copyright page of the publication; and (7) It/he shall put up the Permit for Operating Publications at a conspicuous place in the business site, and shall not alter, reproduce, sell, lend, lease or transfer it in any way. Article 27. A publications distribution entity shall establish an occupational training system. It shall, according to the Labor Law, the classifications of occupations determined by the state and the standards on the occupational skills of publications distributors, organize the practitioners of this entity to undergo the occupational skills accreditation and evaluation conducted by the evaluation and accreditation institution ratified by the labor administrative department of the state. Article 28. A publishing entity shall have the right of general distribution over the publications of the current edition. A publishing entity shall, when authorizing an entity engaging in general distribution of publications to distribute the publications, use the uniform Power of Attorney for Distributing Publications; shall not transfer either directly or in a disguised form the right of general distribution of publications to an entity that is entitled to do so, nor may it entrust an entity that is not entitled to wholesale publications the right to wholesale publications or to represent the publication wholesaling business, or authorize a non-publications-distribution entity to distribute publications. Article 29. An operation entity entering the market for wholesale of publications shall, before selling the publications, submit a sample of the publications involved, which shall be consistent with the publications on sale, to the wholesale market administration office for examination and inspection. Article 30. The administrative departments of press and publication of the provinces, autonomous regions or municipalities directly under the Central Government, and the publishing or distribution industrial associations nationwide may apply for holding nationwide publications ordering or sales exhibitions. A publishing entity, a general distribution entity, a publishing or distribution industrial association at the provincial level or above may apply for holding ordering or sales exhibitions for local publications. A nationwide publishing or distribution industrial association may apply for holding ordering or sales exhibitions for trans-provincial professional publications, and its subordinate professional commissions may be authorized to undertake the specific exhibition activities. Article 31. To hold a nationwide publications ordering or sales exhibition, the holding entity shall file an application to the GAPP for examination and approval at least 6 months in advance, and the GAPP shall, within 2 months as of receiving the application, make a decision, and notify the holding entity. To hold a local or professional publications ordering or sales exhibition, the holding entity shall, at least 1 months in advance, submit the program, name list of exhibition attendees, location map of the exhibition hall, name list of the organization committee and other relevant materials to the local administrative department of press and publication of the province, autonomous region, or municipality directly under the Central Government for archival purpose. Article 32. The publication distribution enterprises determined by the administrative department of press and publication and the administrative department of education jointly with the administrative department of price at the provincial level or above by means of bid invitation or by other public and impartial means may engage in the distribution of text books for elementary and secondary schools, and no other entity or individual may engage in such distribution. Article 33. Internally distributed publications shall not be advertised, displayed, exhibited or sold publicly. Article 34. Anyone engaging in distribution of imported publications shall purchase the publications from lawfully established publication import entities, among whom those distributing imported newspapers and periodicals shall purchase them from the publications import entities designated by the GAPP. Article 35. An entity or individual engaging in the publications distributing business must keep the lists of purchase and sale of publications under distribution and other relevant non-financial receipts for two years or longer for future inspection. An entity or individual engaging in the publications distribution business must report the information on the address of the warehouse, size, managers of the publications to the approval administrative department of press and publication for archival purpose; if the information on the address of the warehouse, size, or managers is modified, the entity or individual shall report to the approving administrative department of press and publication for archival purpose within 15 days as of the modification. Article 36. Anyone engaging in storage, transportation and delivery of publications shall be subject to the supervision and inspection by the administrative department of press and publication. Article 37. No organization or individual may engage in soliciting for subscription of, storing, transporting, mailing, delivering, handing out and sending complimentary copies of any publications listed in Article 24 of the present Provisions. Article 38. An entity or individual engaged in the publications distribution business shall, in accordance with the Statistics Law of the People's Republic of China, the Administrative Measures for Press and Publication Statistics issued by the GAPP and other relevant statistical rules of the State, truthfully submit statistical data, instead of refusing or delaying to report, making false statements on or concealing or forging or altering any statistical data under any pretext. Article 39. An entity or individual engaging in the publications distribution business must, in accordance with the provisions of the GAPP and the administrative department of press and publication of the province, autonomous region or municipality directly under the Central Government, provide the designated database management entity with relevant data. Article 40. An entity or individual engaging in the publications distribution business shall go through the formalities of examination and registration in accordance with the provisions of the GAPP. CHAPTER IV PENALTY PROVISIONS Article 41. An entity or individual who establishes a publications distribution entity or engages in publication distributing business without approval, shall be punished in accordance with Article 55 of the Regulation on the Administration of Publication. Article 42. An entity or individual who violates the present Provisions in distributing prohibited publications shall be punished in accordance with Article 56 of the Regulation on the Administration of Publication. Article 43. An entity or individual who violates the present Provisions in distributing the publications which infringe upon other's copyright or exclusive publishing right shall be punished in accordance with the Copyright Law of the People's Republic of China and the Regulation of the People's Republic of China for the Implementation of the Copyright Law. Article 44. An entity or individual who violates the present Provisions in distributing illegal publications or the publications explicitly prohibited by the administrative department of press and publication from being published, printed, reproduced or distributed, shall be ordered by the administrative department of press and publication to stop the illegal acts, and its/his illegally distributed publications and illegal proceeds arising there from shall be confiscated; if the illegal proceeds are no less than 10,000 Yuan, an additional fine of not less than 5 times but not more than 10 times the illegal proceeds shall be imposed; if the illegal proceeds are less than 10,000 Yuan, a fine of not less than 10,000 Yuan but not more than 50,000 Yuan shall be imposed concurrently; if the circumstance is serious, it shall be ordered to suspend business for rectification within a time limit or its/his permit shall be revoked by the original issuing department. Article 45. If an entity violates Article 24 of the present Provisions when it is imposed upon an administrative penalty in accordance with Article 41 or 42 or 43 of the present Provisions, its legal representative or major person-in-charge and the directly liable persons shall be deprived of their occupational qualification certificate as publications distributors shall be canceled by the issuing department. Article 46. An entity or individual who fails to distribute text books for elementary and secondary schools according to the statutory ways shall be punished in accordance with Article 59 of the "Regulation on the Administration of Publication". An entity or individual who violates any of the provisions in the distribution of imported publications shall be punished in accordance with Article 57 of the Regulation on the Administration of Publication. Article 47. Anyone who commits any of the following acts shall be ordered by the administrative department of press and publication to cease its/his illegal acts, be given a warning, its/his illegal proceeds and illegally distributed publications be confiscated, and an additional fine of 3,000 Yuan up to 30,000 Yuan shall be imposed: (1) Distributing internally circulated reference publications; (2) Transferring either directly or in a disguised form the right of general distribution of publications to an entity that does not have the right of general distribution; (3) Purchasing publications from a non-publication publishing or distribution entity; (4) Violating Paragraph 2 of Article 27 of the present Provisions by a publishing entity; (5) Doing business beyond the business scope or business place approved by the administrative department of press and publication; (6) Participating in the trading of book numbers, journal or magazine numbers or publisher's codes; (7) Selling, lending, leasing or transferring the Permit for Operating Publications; (8) Failing to go through the formalities of examination and registration as required; (9) Unlawfully modifying the registered particulars; (10) Failing to go through the record-keeping formalities as required when establishing a publications leasing entity or when any other entity or individual engages in publications leasing business; or (11) The holding entity who meets the requirements of the present Provisions fails to go through the record-keeping formalities when it holds ordering or sales exhibitions for local publications or trans-provincial professional publications. Article 48. An entity or individual who commits any of the following acts shall be ordered by the administrative department of press and publication to stop its (his) illegal acts, be given a warning, and its/his illegal proceeds and illegally distributed publications be confiscated, and an additional fine of 2,000 Yuan up to 20,000 Yuan shall be imposed: (1) Posting or handing out subscription lists, advertisements or picture posters containing any content prohibited by laws or regulations or containing deceptive words; (2) Selling publications by attaching irrelevant ones or selling publications by force; (3) Modifying the copyright page of the publication without permission; (4) Failing to put up the Permit for Operating Publications at a conspicuous place in the business site, or altering or reproducing the Permit for Operating Publications without approval; (5) Violating Article 28 or 34 or 38 of the present Provisions; or (6) Publicly advertising, displaying or selling publications which are prescribed to be distributed internally. Article 49. An entity or individual who establishes a marketplace for the wholesale of publications without approval shall be punished according to the provisions on the penalties to the one who establishes a publication distributing entity without approval. With regard to an entity or individual who holds a nationwide publications ordering or sales exhibition without approval, or a holding entity who doesn't meet the requirements of the present Provisions but holds any ordering or sales exhibition for local publications or trans-provincial professional publications without approval, it (he) shall be punished according to the penalty provisions for those engaging in publications distribution business. Article 50. Any entity or individual who violates Article 35 of the present Provisions by engaging in soliciting for subscription of, storing, transporting, delivering, handing out, or sending complimentary copies of any publications listed in Article 24 of the present Provision shall be punished in pursuance of Articles 42, 43, 45 of the present Provisions. Article 51. Anyone who violates Article 38 of the present Provisions shall be punished in accordance with Administrative Measures for Press and Publication Statistics issued by the GAPP. CHAPTER V SUPPLEMENTARY PROVISIONS Article 52. Except for the publications wholesale marketplaces lawfully approved by the administrative departments of press and publication of the provinces, autonomous regions or municipalities directly under the Central Government under the quotas of the GAPP, no province, autonomous region or municipality may approve the establishment or establishment in a disguised form of any publications wholesale marketplace, nor may it approve the expansion of any existing wholesale marketplace. The wholesale entities within an approved wholesale marketplace shall, within 5 years, be required to meet the requirements described in the present Provisions for the setup of an independent business place. Article 53. The term "chain operations nationwide" mentioned in Articles 13 and 14 of the present Provisions refers to the chain operations covering different provinces, autonomous regions, or municipalities directly under the Central Government. Article 54. The format of the Permit for Operating Publications shall be prescribed by the GAPP, and be uniformly printed by the GAPP or the administrative department of press and publication of the province, autonomous region or municipality directly under the Central Government. Article 55. The present Provisions shall come into force on September 1, 2003. The "Interim Provisions on the Administration of the Market of Publications issued by the GAPP on November 22, 1999 for implementation shall be abolished simultaneously. Any other inconsistent provisions issued before the present Provisions' entry into force shall no longer be implemented. |
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