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	DECISION OF THE GENERAL ADMINISTRATION OF PRESS AND PUBLICATION ON AMENDING THE PROVISIONS ON THE ADMINISTRATION OF THE PUBLICATIONS MARKET (No. 23 of 2004)

	(Order of the General Administration of Press and Publication of the People's Republic of China (No.23), June 18, 2004: The Decision on Amending the Provisions on the Administration of the Publications Market, which is adopted at the second executive meeting of the General Administration of Press and Publication on June 16, 2004, is hereby promulgated, and shall come into force as of July 1, 2004.)


SUBJECT : ADMINISTRATION; PUBLICATIONS MARKET
ISSUING DEPARTMENT : GENERAL ADMINISTRATION OF PRESS AND PUBLICATION (NATIONAL COPYRIGHT ADMINISTRATION)
ISSUE DATE : 06/18/2004
IMPLEMENT DATE : 07/01/2004
LENGTH : 1,419 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 the administrative examination and approval system, pushing forward the reform of the system of administrative examination and approval on press and publication, we decide to make the following revisions on the Provisions on the Administration of the Publications Market:

I. Item (3) of Article 6 shall be revised as: "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, or the medium-grade professional and technical title or above relating to the major of distribution of publications as acknowledged by the General Administration of Press and Publication (GAPP)";

II. Item (6), paragraph 2 of Article 7 shall be revised as: "Certificates of occupational or technical titles of the legal representative or the major person-in-charge";

III. Item (2) of Article 8 shall be revised as: "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 the major of distribution of publications as acknowledged by the GAPP";

IV. Item (6), paragraph 3 of Article 9 shall be revised as "Certificate of occupational or technical title of the legal representative or the major person-in-charge";

V. Article 10 shall be revised as: "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 the major of distribution of publications or above as acknowledged by the GAPP; and (3) Having a fixed business place suitable for its/his business";

VI. The "retail and lease" in paragraph 1 of Article 11 shall be revised as "retail".

Item (3) of paragraph 2 shall be revised as: "Identification certification and occupational or technical qualification certificate of the business operator";

VII. One Article shall be added to Article 11: "Anyone who 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 filing within 15 days as of obtaining the business license";

VIII. Item (5) of Article 12 shall be revised as: "The legal representative or the 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 the major of distribution of publications as acknowledged by the GAPP";

IX. Item (7), paragraph 3 of Article 13 shall be revised as: "The occupational or technical qualification certificates of the legal representative or the major person-in-charge";

X. Article 19 shall be deleted;

XI. Paragraph 3 of Article 20 shall be revised as: "A publishing entity, which intends to establish a distribution branch without the legal person status to distribute the publications of the current edition, shall, within 15 days after the establishment of the distribution branch, undergo the archival filing 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 as issued by the GAPP and the 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";

XII. Article 23 shall be revised as: "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 all the 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";

XIII. One Article shall be inserted after Article 26: "A publications distribution entity shall establish an occupational training system. It shall, according to the Labor Law, the classifications of occupations as 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";

XIV. Paragraph 2 of Article 29 shall be revised as: "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;

XV. Paragraphs 2 and 3 of Article 30 shall be revised as: "To hold a local or professional publications ordering or sales exhibition, the organizer shall, at least one 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";

XVI. Article 35 shall be revised as: "Anyone engaging in the storage, transportation and delivery of publications shall be subject to the supervision and inspection of the administrative department of press and publication";

XVII. Article 44 shall be revised as: "If an entity violates Article 24 of the present Provisions when it is imposed upon an administrative penalty in accordance with Article 42 or 42 or 44 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 by the issuing department";

XVIII. An item (10) shall be added to Article 46: "Failing to go through the archival filing formalities as required by the present Provisions when establishing a publications leasing entity or when any other entity or individual engages in publications leasing business.

An item (11) shall be added to Article 46: "The holding entity who meets the requirements of the present Provisions fails to go through the archival filing formalities when it holds ordering or sales exhibitions for local publications or trans-provincial professional publications";

XIX. Paragraph 2 of Article 48 shall be revised as: "With regard to an entity or individual who holds a nationwide publications ordering or sales exhibition without approval, or an organizer 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";

XX. Article 49 shall be deleted: "Any entity or individual that violates Article 35 of the present Provisions and engages in the storage, transportation, and delivery activity of publications, the administrative department of press and publication shall order it/him to stop the violation act, confiscate its/his illegal gains, and impose upon a fine ranging from RMB 2000 Yuan to RMB 20, 000 Yuan";

XXI. One Article shall be added to the Supplementary Provisions: "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, meet the requirements as described in the present Provisions for the setup of an independent business place";

XXII. The time limit for the relevant administrative department of press and publication to grant a license shall be revised to within 20 days from the date when the application is accepted according to the Administrative License Law of the People's Republic of China.