(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)