China Law Online Database : novexcn.com

You are using Guest Account

Subscribe To This Law Only

Subscribe To All Law Contents

Print This Page

Back




	DECISION ON IMPLEMENTING THE ADMINISTRATIVE LICENSE LAW OF THE PEOPLE'S REPUBLIC OF CHINA AND CLEARING UP THE RELEVANT REGULATIONS AND REGULATORY DOCUMENTS

	(Order No.24 of the General Administration of Press and Publication and the National Copyright Administration, June 18, 2004: The Decision on Implementing the Administrative License Law of the People's Republic of China and Clearing up the Relevant Regulations and Regulatory Documents, which was adopted at the second executive meeting of the General Administration of Press and Publication (National Copyright Administration) on June 16, 2004, is hereby promulgated, and shall come into force as of July 1, 2004.)


SUBJECT : ADMINISTRATIVE LICENSE LAW; REGULATIONS AND REGULATORY DOCUMENTS; AMENDMENTS
ISSUING DEPARTMENT : GENERAL ADMINISTRATION OF PRESS AND PUBLICATION (NATIONAL COPYRIGHT ADMINISTRATION)
ISSUE DATE : 06/18/2004
IMPLEMENT DATE : 07/01/2004
LENGTH : 1,936 words
TEXT :

With a view to implementing the Administrative License Law of the People's Republic of China, putting into effect the fruits of the reform of the State Council on administrative examination and approval system, and pushing forward the reform on the system of administrative examination and approval on press and publication, we hereby make the following decision:

I. Measures for the Registration of Computer Software Copyright (Order No.1 of the National Copyright Administration, February 20, 2002)

Paragraph 3, Article 6, "Upon the approval of the National Copyright Administration, the China Copyright Protection Center may establish working offices of software registration at the localities" shall be revised as "China Copyright Protection Center may establish software registration offices at the localities and shall report the establishment to and put it on archives at the National Copyright Administration within one month after the establishment."

II. Measures for the Administration of Foreign-funded Distribution Enterprises of Books, Newspapers and Journals (Order No.18 of the General Administration of Press and Publication March 17, 2003)

1. Item (2) of Article 7, "The legal representative or the general manager shall have the medium-grade or higher qualification certificate of a publisher, and the publishing professionals shall have the junior or higher qualification certificate of a publisher;" shall be revised as: "The legal representative or the general manager shall have the medium-grade or higher qualification certificate of a publisher or the medium-grade or higher professional technical qualification certificate relating to the major of distribution of publications, which is acknowledged by the General Administration of Press and Publication;"

2. Item (2) of Article 8, "The legal representative or the general manager shall have obtained the medium-grade qualification certificate of a publisher or above, and the publishing professionals shall have the junior qualification certificate of a publisher or above;" shall be revised as: "The legal representative or the general manager shall have obtained the medium-grade or higher qualification certificate of a publisher or the medium-grade or higher professional technical qualification certificate relating to the major of distribution of publications, which is acknowledged by the General Administration of Press and Publication;"

3. Item (3) of Article 10, "Business license or registration certificate, and credit certificate of each investor, and the valid certificate documents and qualification certificate of the legal representative" shall be revised as: "Business license or registration certificate, and credit certificate of each investor and the valid certificate documents and professional or technical qualification certificate of the legal representative".

III. Provisions on the Administration of Electronic Publications (Order No.11 of the General Administration of Press and Publication, December 30, 1997)

Article 42, "In case any electronic publications reproduction entity alters its name, business scope, enterprise type, or merges or is divided, it shall, according to the provisions of Article 38, Article 39 of the present Provisions, go through formalities for the examination and approval again. In case any electronic publications reproduction entity alters its address, major responsible person or legal representative, it shall, after being examined and approved by the sponsor, apply for alteration registration to the administration of press and publication at the province, autonomous region, or municipality directly under the Central Government at its locality, and the administration of press and publication of the province, autonomous region, or municipality directly under the Central Government shall report to the General Administration of Press and Publication for archival filing" shall be revised as: "In case any electronic publications reproduction entity alters its business scope, merges or is divided, it shall, in accordance with the provisions of Article 38, Article 39 of the present Provisions, go through formalities for the examination and approval again. In case any electronic publications reproduction entity alters its name, address, enterprise type, major responsible person or the legal representative, it shall go through alteration registration at the administrative department for industry and commerce after being examined and approved by the sponsor, and shall report the alteration to and put it on archives at the General Administration of Press and Publication through the administration of press and publication of the province, autonomous region, or municipality directly under the Central Government within one month after the alteration".

IV. Provisions on the Administration of Newspapers (December 25, 1990)

1. Article 34, "The alteration of newspapers shall refer to: alteration of the department in charge, the sponsor, name, language, publication and period, edition, pricing, scope of distribution, temporary supplement, temporary adding of period and interruption of publications, and etc." shall be revised as: "The alteration of newspapers shall refer to: alteration of department in charge, the sponsor, name, language, publication and period, edition, scope of distribution, temporary adding of period and interruption of publications, and etc.".

2. Article 29, "In case any formal newspaper needs to have a temporary supplement or add periods temporarily, the newspaper office shall file an application to the administrative department of press and publication thirty days beforehand (under special circumstances, if it fails to file an application thirty days beforehand, it shall be subject to special approval) upon the strength of the documents of approval of the department in charge. The newspapers under the Central entities shall be subject to the examination and approval of the General Administration of Press and Publication; the newspapers of local entities may not be published until they have been subject to the examination and approval of the provincial level administrative department of press and publication at the localities. A formal newspaper may, when having a temporary supplement or adding a period temporarily, be published according to the date, kind of language, edition, etc. as prescribed in the documents of approval, and its contents shall be consistent with the tenet and guidelines of the newspaper; the impression of the newspaper that has temporary supplement or has an added temporary period shall be consistent with the impression of the main newspaper (if the impression of the temporarily added period needs to be fewer than the impression of the main newspaper due to special circumstances, it shall be subject to special approval), and the temporary supplement or the added temporary period shall be distributed along with the main newspaper. No one may distribute or sell such newspaper singly or increase the pricing of the newspaper by making any excuse. An informal newspaper shall not have any temporary supplement or an added temporary period. No one may reduce the edition or period of any newspaper at will (excluding the circumstance arising from force majeure)" shall be revised as: "In case it is necessary to add a period of any newspaper temporarily, the newspaper office shall file an application to the administrative department of press and publication thirty days beforehand (under special circumstances, if it fails to file an application thirty days beforehand, it shall be subject to special approval) upon the strength of the documents of approval of the department in charge. The newspapers under the Central entities shall be subject to the examination and approval of the General Administration of Press and Publication; the newspapers of local entities may not be published until they have been subject to the examination and approval of the administrative department of press and publication of the province, autonomous region, or municipality directly under the Central Government at the localities. Any newspaper may, when having an added temporary period, be published according to the date, kind of language, edition, etc. as prescribed in the documents of approval, and its contents shall be consistent with the tenet and guidelines for the edition of the newspaper; the impression of the newspaper that has an added temporary period shall be consistent with the impression of the main newspaper (if the impression of the temporarily added period needs to be fewer than the impression of the main newspaper due to special circumstances, it shall be subject to special approval), and the added temporary period shall be distributed along with the main newspaper. No one may distribute or sell such newspaper singly or increase the pricing of the newspaper by making any excuse. No one may reduce the edition or period of the newspaper at will (excluding the circumstance arising from force majeure)".

3. Article 40, "No extra of a formal newspaper shall be published until a report has been made to the administrative department of press and publication beforehand with the approval. For the newspapers under the Central entities, the report shall be made to the General Administration of Press and Publication; for the newspapers under the local entities, the report shall be made to the administrative department of publication at the provincial level of the localities" shall be revised as: "In case any major domestic or international activity, great event or great public welfare activity occurs, a newspaper publication entity may publish an extra of the newspaper, the time of publication shall not exceed three days, the extra of the newspaper shall be given free by the publisher within a certain scope, and shall not be priced to be published. Any Central entity shall put the extra on archives within 15 days at the General Administration of Press and Publication when publishing an extra of its newspaper, a local entity shall put it on archives at the administrative department of press and publication at the province, autonomous region, or municipality directly under the Central Government at its locality within 15 days. If the time of publication is more than three days, it shall be a temporary newspaper, and a temporary 'Number of the Domestic Uniform Consecutive Publications' shall be applied for in light of the procedures for originating the newspaper".

V. The following documents shall be abolished, because the relevant matters involved that shall be subject to administrative examination and approval have been canceled by the decision of the State Council:

1. Notice on Issues concerning the Publishing of Choice Edition of Newspapers No.1646 [90] of the General Administration of Press and Publication;

2. Notice on Restating that It Is Necessary to Have the Special Topic of New GongFu Novels and Ancient and Old Novels Reported for Examination and Approval No.626 [88] of the General Administration of Press and Publication;

3.Notice on the Publication of Books concerning Sex Knowledge and Sex Science of the General Administration of Press and Publication No.1351 [88] of the General Administration of Press and Publication;

4. Opinions on the Publication of Luxun's Works of the General Administration of Press and Publication No. 46 [96] of the General Administration of Press and Publication;

5. Notice on Restating the Relevant Provisions on Publishing Luxun's Works No. 753 [1999] of the General Administration of Press and Publication;

6. Interim Measures for the Registration on Holding Press Conferences in Beijing No.1243 [93] of the General Administration of Press and Publication;

7. Provisions on Adding a Special Edition of Local Advertisements to the Newspapers (For Trial Implementation) No.3 [96] of the General Administration of Press and Publication; and

8. Notice on Strengthening Administration on Publishing "Local Advertisement Edition" No.921 [2000] of the General Administration of Press and Publication.

VI. The administrative department of press and publication may, upon the need, entrust its lower level administrative department of press and publication to implement the administrative licensing matters that shall be implemented by it.

VII. In case the provisions of other regulations and regulatory documents of the General Administration of Press and Publication on the terms, time limit and procedures of administrative licensing are not in conformity with the Administrative License Law of the People's Republic of China, the provisions of the Administrative License Law of the People's Republic of China shall prevail without exception.

VIII. This Decision shall come into force as of July 1, 2004.