Administrative Regulation on Publishing (Revised in 2024)

Promulgation Authorities: State Council

Release Date: 2024-12-06  

Effective Date: 2025-01-20

Source: https://www.nppa.gov.cn/xxgk/fdzdgknr/zcfg_210/fg_212/201712/t20171226_4560.html

Original Title: 出版管理条例（2024修订）

(Promulgated under Decree No. 343 of the State Council of the People’s Republic of China on December 25, 2001, revised for the first time according to the Decision of the State Council on Amending the Administrative Regulation on Publishing on March 19, 2011; revised for the second time according to the Decision of the State Council on Abolishing and Amending Some Administrative Regulations on July 18, 2013; revised for the third time according to the Decision of the State Council on Amending Some Administrative Regulations on July 29, 2014; revised for the fourth time according to the Decision of the State Council on Amending Some Administrative Regulations on February 6, 2016; revised for the fifth time according to the Decision of the State Council on Revision and Abolition of Some Administrative Regulations on November 29, 2020; and revised for the sixth time according to the Decision of the State Council on Revision and Abolition of Some Administrative Regulations on December 6, 2024)

Chapter I General Provisions

Article 1 This Regulation is enacted pursuant to the Constitution for the purposes of strengthening administration of publishing activities, development and prosperity of publishing industry and undertakings with Chinese socialism characteristics, protecting citizens’ right to freedom of press, and promoting development of socialist spirit civilisation and material civilisation.

Article 2 This Regulation shall apply to publishing activities within the People’s Republic of China. For the purpose of this Regulation, “publishing activities” shall include publishing, printing or replication, importation and distribution of publications.For the purpose of this Regulation, “publications” shall mean newspapers, periodicals, books, audio-visual products, electronic publications etc.

Article 3 Publishing activities shall adhere to the direction of serving the people and socialism, be guided by Marxism-Leninism, Mao Zedong ideology, Deng Xiaoping ideology and the “Three Represents” theory, and be able to implement the scientific development concept, disseminate and accumulate scientific, technological and cultural knowledge which is beneficial for promotion of national quality, economic development and social progress, promote national culture, promote international cultural exchange, enrich and improve the spiritual life of the people.

Article 4 Persons engaging in publishing activities shall put social benefits in the first place and endeavour to achieve combination of social benefits and economic benefits.

Article 5 Citizens shall exercise their right to freedom of press pursuant to the law, and their right to freedom of press shall be protected by all levels of people’s governments.Citizens exercising their right to freedom of press shall comply with the Constitution and the law, shall not violate the basic principles determined by the Constitution, and shall not harm national interests, public interest, collective interests and the legitimate freedom and rights of other citizens.

Article 6 The administrative department for publishing under the State Council shall be responsible for supervision and administration of publishing activities nationwide. Other relevant departments of the State Council shall be responsible for supervision and administration relating to publishing activities pursuant to the division of work stipulated by the State Council.The departments for publishing administration under people’s governments at the county level or above (hereinafter referred to as the “publishing authorities”) shall be responsible for supervision and administration of publishing activities within their administrative region. Other relevant departments of people’s governments at the county level or above shall be responsible for supervision and administration relating to publishing activities within their respective scope of duties.

Article 7 When the publishing authorities investigate into allegedly illegal publishing, printing or replication, importation or distribution of publications based on evidence or report of the alleged violation, they may inspect items and business premises relating to the alleged violation and may seize or confiscate items proven to be related to the illegal activities.

Article 8 Social organisations in the publishing industry shall, pursuant to their articles of association, implement self-regulation under the guidance of the publishing authorities.

Chapter II Establishment and Administration of Publishers

Article 9 Newspapers, periodicals, books, audio-visual products, electronic publications etc. shall be published by publishers.For the purpose of this Regulation, “publishers” shall include publishers of newspapers, periodicals, books, audio-visual products, electronic publications etc.

For legal persons publishing newspapers and periodicals which do not setup a newspaper or periodical publisher, the editorial department established for the newspapers or the periodicals shall be deemed as the publisher.

Article 10 The administrative department for publishing under the State Council shall formulate plans for the total number, structure and distribution nationwide of publishers, and guide and coordinate development of the publishing industry.

Article 11 Establishment of a publisher shall satisfy the following criteria:

(1) having a name and articles of association of the publisher;

(2) having the sponsor and its governing authorities recognised by the administrative department for publishing under the State Council;

(3) having specific scope of business;

(4) having a registered capital of 300,000 yuan or above and fixed work premises;

(5) having an organisation structure corresponding to the requirements of the scope of business, and the editorial and publishing personnel satisfying the qualification criteria stipulated by the State; and

(6) any other criteria stipulated by laws and administrative regulations.Examination and approval for establishment of publishers shall, in addition to the criteria set out in the aforesaid paragraph, take into account the State plans for total number, structure and distribution of publishers.

Article 12 An application for establishment of a publisher shall be submitted by its sponsor to the publishing authority of the people’s government of the province, autonomous region or centrally-administered municipality at its location; upon examination and approval by the publishing authority of the people’s government of the province, autonomous region or centrally-administered municipality, the application shall be submitted to the administrative department for publishing under the State Council for examination and approval. Where the publisher is a public institution, the applicant shall also complete examination and approval formalities for public sector reform.

Article 13 An application form for establishment of a publisher shall state the following matters:

(1) Name and address of the publisher;

(2) Name and address of the sponsor of the publisher and its governing authorities;

(3) Name, address and qualification certificate of the legal representative or key person-in-charge of the publisher; and

(4) The source and amount of funding of the publisher.For establishment of newspaper or periodical publishers or editorial departments for newspapers or periodicals, the application form shall also state the name of the newspapers or periodicals, frequency of publication, folio and printing premises.

The application form shall enclose the articles of association of a publisher and the relevant supporting documents of the sponsor for establishment of the publisher and its governing authorities.

Article 14 The administrative department for publishing under the State Council shall decide on approval or non-approval within 60 days from acceptance of the application for establishment of a publisher, and the publishing authorities of people’s government of the province, autonomous region or centrally-administered municipality shall notify the sponsor in writing; unsuccessful applicants shall be notified of the reason for non-approval.

Article 15 A sponsor for establishment of a publisher shall complete registration formalities with the publishing authority of the people’s government of the province, autonomous region or centrally-administered municipality at its location within 60 days from receipt of the approval decision and obtain a Publishing Permit. Registration matters shall be stipulated by the administrative department for publishing under the State Council.Upon obtaining of the Publishing Permit, where the publisher is an institution legal person, it shall present the Publishing Permit to complete registration formalities with the institution registration administrative authorities to obtain an institution legal person certificate pursuant to the law; where the publisher is an enterprise legal person, it shall present the Publishing Permit to complete registration formalities with the administration for industry and commerce to obtain a business license pursuant to the law.

Article 16 Publishers of newspapers, periodicals, books, audio-visual products, electronic publications etc. shall satisfy legal person criteria, obtain legal person status upon approval and registration, and bear civil liability independently with all its legal person assets.An editorial department for newspapers or periodicals deemed as a publisher pursuant to the provisions of the third paragraph of Article 9 does not qualify as a legal person, and its civil liability shall be borne by the sponsor.

Article 17 In the case of change of name of a publisher, sponsor or its governing authorities, scope of business, capital structure, merger or division, establishment of branch office, publishing of new newspapers or periodicals or change of name of newspapers or periodicals, examination and approval formalities shall be completed pursuant to the provisions of Article 12 and Article 13. Where the publisher is an institution legal person, it shall present the approval document to complete the corresponding registration formalities with the institution registration administrative authorities; where the publisher is an enterprise legal person, the publisher shall present the approval document to complete the corresponding registration formalities with the administration for industry and commerce.Any other change matters of a publisher other than those set out in the preceding paragraph shall be subject to examination and consent by the sponsor and its governing authorities; an application for change registration shall be submitted to the publishing authorities of the people’s government of the province, autonomous region or centrally-administered municipality at its location, and filing formalities shall be completed with the administrative department for publishing under the State Council. Where the publisher is an institution legal person, the publisher shall present the approval document to the institution registration administrative authorities to complete change registration formalities; where the publisher is an enterprise legal person, the publisher shall present the approval document to complete change registration formalities with the administration for industry and commerce.

Article 18 A publisher which proposes to suspend its publishing activities shall complete filing formalities with the publishing authorities of the People’s Government of the province, autonomous region or centrally-administered municipality at its location, and state the reason and duration; the suspension of publishing activities of publishers shall not exceed 180 days.A publisher which proposes to terminate its publishing activities shall submit an application through the sponsor, upon consent by the governing authorities, the sponsor shall complete deregistration formalities with the publishing authority of the people’s government of the province, autonomous region or centrally-administered municipality at its location and complete filing formalities with the administrative department for publishing under the State Council. Where the publisher is an institution legal person, the approval document shall be presented to complete deregistration formalities with the institution registration administrative authorities; where the publisher is an enterprise legal person, the approval document shall be presented to complete deregistration formalities with the administration for industry and commerce.

Article 19 Where a publisher of books, audio-visual products or electronic publications does not commence publishing activities within 180 days from the date of registration of the publisher, or where a newspaper office or periodical publisher does not publish newspapers or periodicals within 90 days from the date of registration of the newspaper office or periodical publisher, the publishing authorities which process the registration shall cancel the registration and file records with the administrative department for publishing under the State Council.Where the circumstances set out in the preceding paragraph are attributable to a force majeure event or any other proper reason, the publisher may apply to the publishing authorities which process the registration for an extension of time.

Article 20 Annual publishing plans of publishers of books, audio-visual products and electronic publications and major topics which involve national security, social stability etc. shall be subject to examination and approval by the publishing authorities of people’s governments of the province, autonomous region or centrally-administered municipality at their locality, and filed with the administrative department for publishing under the State Council for record; publications on major topics for which filing formalities have not been completed prior to publishing shall not be published. Detailed measures shall be formulated by the administrative department for publishing under the State Council.Filing formalities for major topics of periodical publishers shall be completed pursuant to the provisions of the preceding paragraph.

Article 21 A publisher shall not sell or transfer its name, ISBN, ISSN or layout to any other organisation or individual, and shall not lease its name or ISSN.Publishers and their employees shall not make use of publishing activities to seek other improper gains.

Article 22 Publishers shall submit samples free of charge to the national library, the China Archives of Publications and the administrative department for publishing under the State Council pursuant to the relevant provisions of the State.

Chapter III Publishing of Publications

Article 23 Citizens may, pursuant to the provisions of this Regulation, freely express their opinions and aspirations on national affairs, economic and cultural topics, social events on publications, and freely publish their achievements in scientific research, cultural and academic works and other cultural activities.Legitimate publications shall be protected by the law, and no organisation or individual shall interfere, obstruct or undermine publishing of publications unlawfully.

Article 24 Publishers shall implement the editorial accountability system to ensure that the contents of their publications comply with the provisions hereof.

Article 25 Publications shall not contain contents which:

(1) Violate the basic principles determined by the Constitution;

(2) Compromise national unity, sovereignty and territorial integrity;

(3) Divulge State secrets, compromise national security, or harm national honour and interests;

(4) Incite ethnic hostility and racial discrimination, undermine national unity, or harm ethnic customs and traditions;

(5) Propagate cult and superstition;

(6) Disrupt social order and undermine social stability;

(7) Propagate obscenity, gambling and violence, or abet crime;

(8) Insult or slander others, or harm the legitimate rights and interests of others;

(9) Harm public morality or ethnic and cultural traditions; or

(10) Contain contents prohibited by laws, administrative regulations and the provisions of the State.

Article 26 Publications targeted at minors shall not contain contents that incite minors to imitate acts which violate public morals, illegal acts or criminal acts, and shall not contain horror, cruelty contents etc. which are harmful to the physical and mental health of minors.

Article 27 Where the contents of a publication are untrue or unjust and harm the legitimate rights and interests of a citizen, legal person or any other organisation, the publisher shall make a public correction, eliminate the impact and bear other civil liability pursuant to the law.Where the contents of an article in the newspapers or a periodical are untrue or unjust and harm the legitimate rights and interests of a citizen, legal person or any other organisation, the party concerned shall have the right to request that the publisher make a correction or reply, and the publisher shall publish the correction or reply on the upcoming newspapers or periodical; where the publisher refuses to do so, the party concerned may file a lawsuit with a People’s Court.

Article 28 A publication shall state the name and address of the author, publisher, printing or replication entity, distributor, the ISBN or ISSN, Cataloguing in Publication data, publication date, issue number and other relevant information pursuant to the relevant provisions.The size, format, layout, binding, proofreading etc. of publications shall comply with the national standards and regulatory requirements to ensure the quality of publications.

The language used in a publication shall comply with the provisions of the State and the relevant standards and norms.

Article 29 No organisation or individual shall forge or pass off the name of a publisher or titles of newspapers or periodicals to publish a publication.

Article 30 Secondary and primary school textbooks shall be validated by the education administrative authorities of the State Council; publishers and distributors of such textbooks shall satisfy the criteria for funding, organisation structure, staffing etc. for publishing and distribution of textbooks, and obtain the textbook publishing and distribution qualification approved by the administrative department for publishing under the State Council. Distributors of secondary and primary school textbooks included in the scope of government procurement shall be determined pursuant to the relevant provisions of the Government Procurement Law of the People’s Republic of China. Other organisations or individuals shall not engage in publishing and distribution of secondary and primary school textbooks.

Chapter IV Printing or Replication and Distribution of Publications

Article 31 Organisations engaging in printing or replication of publications shall submit an application to the publishing authority of the people’s government of the province, autonomous region or centrally-administered municipality at their location, and upon examination and approval, complete the corresponding formalities with the administration for industry and commerce pursuant to the relevant provisions of the State before they can engage in printing or replication of publications.Organisations which have not been licensed and have not completed the relevant formalities shall not print newspapers, periodicals and books, or replicate audio-visual products and electronic publications.

Article 32 Publishers shall not entrust an organisation which has not been licensed for printing or replication of publications to print or replicate their publications.Where a publisher entrusts a printing or replication entity for printing or replication of publications, it shall provide the relevant certificate for printing or replication of publications stipulated by the State and enter into a contract with the printing or replication entity pursuant to the law.

The printing or replication entity shall not accept entrustment by organisations and individuals other than publishers to print newspapers, periodicals and books, or replicate audio-visual products and electronic publications, and shall not engage in printing and distribution of newspapers, periodicals and books or replication and distribution of audio-visual products and electronic publications.

Article 33 A printing or replication entity may, upon approval by the publishing authority of people’s government of the province, autonomous region or centrally-administered municipality at its location, undertake printing or replication of overseas publications, provided that all the printed or replicated overseas publications shall be shipped out of China and shall not be distributed in China. The contents of the overseas publications to be printed or replicated shall be subject to examination by the publishing authority of people’s government of the province, autonomous region or centrally-administered municipality. The entrusting party shall hold the power of attorney executed by the copyright holder and complete registration formalities with the copyright administration authority.

Article 34 Printing or replication entities shall retain a copy of the undertaken publication for future inspection purpose within two years from completion of printing or replication.

Article 35 Organisations engaging in wholesale of publications shall obtain approval and licensing by the publishing authority of the people’s government of the province, autonomous region or centrally-administered municipality and an Operation Permit for Publications.Organisations and individually-owned businesses engaging in retail of publications shall obtain approval and licensing by the publishing authority of the people’s government of the province, autonomous region or centrally-administered municipality and an Operation Permit for Publications.

Article 36 Organisations and individually-owned businesses engaging in distribution of publications through information network such as the Internet shall obtain an Operation Permit for Publications pursuant to the provisions hereof.Operators providing online trading platform services shall examine the identity of the operating entity of organisations and individually-owned businesses applying to engage in distribution of publications through their online trading platform and verify their Operation Permit for Publications.

Article 37 Organisations and individually-owned businesses engaging in distribution of publications shall complete examination and approval formalities pursuant to the provisions of Article 35 for change in registration matter in their Operation Permit for Publications or in case of acquisition, merger or division.Organisations and individually-owned businesses engaging in distribution of publications shall complete filing formalities with the original approving publishing administrative authorities.

Article 38 Publishers may distribute their publications but shall not distribute the publications of other publishers.

Article 39 The State permits establishment of foreign-invested enterprises engaging in distribution of books, newspapers, periodicals, electronic publications.

Article 40 Printing or replication entities, distributors and individually-owned businesses shall not print, replicate or distribute the following publications:

(1) Publications which contain contents prohibited in Article 25 or Article 26;

(2) Illegally imported publications;

(3) Publications for which the name of publisher or the title of newspapers or periodical is forged or passed off;

(4) Publications which do not state the name of the publisher;

(5) Secondary and primary school textbooks which have not been validated pursuant to the law; and

(6) Publications which infringe upon other’s copyright.

Chapter V Importation of Publications

Article 41 Importation of publications shall be operated by importers of publications established pursuant to this Regulation; other organisations and individuals shall not engage in importation of publications.

Article 42 Establishment of an importer for publications shall satisfy the following criteria:

(1) having a name and articles of association of the importer of publications;

(2) having a sponsor and its governing authorities recognised by the administrative department for publishing under the State Council;

(3) having the specific scope of business;

(4) being able to review contents of the imported publications;

(5) having funds for importation of publications;

(6) having fixed business premises; and

(7) any other criteria stipulated by laws, administrative regulations and the State.

Article 43 An application for establishment of an importer of publications shall be submitted to the administrative department for publishing under the State Council, and upon examination and approval by and obtaining the import permit for publications from the administrative department for publishing under the State Council, the applicant shall present the permit to collect its business license from the administration for industry and commerce pursuant to the law.For establishment of publications importer, the corresponding formalities shall be completed pursuant to the provisions of the laws and administrative regulations on foreign trade.

Article 44 In the case of change of name of the publications importer, scope of business, capital structure, sponsor or its governing authorities or merger or division, or establishment of branch, examination and approval formalities shall be completed pursuant to the provisions of Article 42 and Article 43, and the approval document shall be presented for completion of the corresponding registration formalities with the administration for industry and commerce.

Article 45 Publications imported by a publications importer shall not contain contents prohibited by Article 25 and Article 26.A publications importer shall be responsible for review of contents of its imported publications. The publishing authorities of people’s governments at the provincial level or above may carry out review of contents of publications imported by publications importers. Where a publications importer is unable to determine if its imported publications contain contents prohibited by Article 25 and Article 26, it may request that the publishing authorities of people’s Governments at the provincial level or above carry out review of contents. Where the publishing authorities of people’s governments at the provincial level or above carry out review of contents of imported publications as requested by a publications importer, fees may be collected pursuant to the rates approved by the pricing department under the State Council.

The administrative department for publishing under the State Council may prohibit importation of specific publications.

Article 46 Prior to importation of publications, a publications importer shall file the list of publications proposed to be imported with the publishing authorities of people’s governments at the provincial level or above for record; upon discovery of publications prohibited or temporarily banned for importation, the publishing authorities of people’s governments at the provincial level or above shall promptly notify the publications importer and inform the Customs. The publications importer shall not import publications which are prohibited or temporarily banned from importation, and the Customs shall not release such publications.Detailed measures on filing for importation of publications shall be formulated by the administrative department for publishing under the State Council.

Article 47 Distributors of imported publications shall obtain their supply from a publications importer established pursuant to the law.

Article 48 A publications importer organising an exhibition of overseas publications in China shall obtain prior approval of the administrative department for publishing under the State Council. No organisation or individual shall organise an exhibition of overseas publications without approval.For sale of overseas publications at an exhibition organised pursuant to the provisions of the preceding paragraph, the relevant formalities shall be completed pursuant to the relevant provisions of the State.

Chapter VI Supervision and Administration

Article 49 The publishing authorities shall strengthen day-to-day supervision and administration of publishing activities of publishers within their respective administrative region; a publisher’s sponsor and its governing authorities shall bear direct management responsibility for the publisher’s publishing activities and shall cooperate with the publishing authorities in supervising the publisher’s compliance with various administrative provisions.Publishers and importers of publications shall submit written reports on publishing activities and importation of publications to the publishing authorities pursuant to the provisions of the administrative department for publishing under the State Council.

Article 50 The publishing authorities shall perform the following duties:

(1) Industry regulation over publishers, printing or replication entities, distributors and importers of publications, and implementation of administration of admission and exit;

(2) Regulation of publishing activities, and investigation of acts which violate the provisions of this Regulation;

(3) Regulation of contents and quality of publications; and

(4) Administration of publishing personnel pursuant to the relevant provisions of the State.

Article 51 The publishing authorities shall implement supervision and inspection of the quality of contents, editing and proofreading, printing or replication, and binding and design of publications pursuant to the relevant provisions and standards etc.

Article 52 The administrative department for publishing under the State Council shall formulate integrated assessment methods for publishers and implement integrated assessment for categorisation of publishers.Any publisher, printing or replication entity, distributor or importer of publications who no longer satisfies the statutory administrative licensing criteria shall be ordered by the publishing authority to make correction within a stipulated period; where correction is not made within the stipulated period, the original issuing authority shall revoke the administrative licensing.

Article 53 The State shall implement a vocational qualification system for publishing professional and technical personnel of publishers; publishing professionals and technicians shall pass the publishing professional and technician qualifications examination and obtain the professional and technical qualifications. Detailed measures shall be jointly formulated by the human resources and social security department of the State Council and the administrative department for publishing under the State Council.

Chapter VII Protection and Reward

Article 54 The State shall formulate the relevant policies to safeguard and promote development and prosperity of the publishing industry.

Article 55 The State shall support and encourage publishing of the following excellent and prioritised publications:

(1) Publications which play a significant role in elaboration and dissemination of the basic principles of the Constitution;

(2) Publications which are important for promotion of the socialist core system value, education of patriotism, collectivism, socialism and ethnic unity among the people, and promotion of social morality, professional ethics and family virtues;

(3) Publications which play a significant role in promotion of national culture and international cultural exchange;

(4) Publications which have significant contributions towards promotion of cultural innovation and timely reflection of new scientific and cultural achievements in China and overseas;

(5) Publications which play a significant role in servicing agriculture, rural villages and farmers, and promotion of public cultural services; and

(6) Any other publications which have important ideological value, scientific value or value of arts and culture.

Article 56 The State shall protect publishing and distribution of textbooks.The State shall support publishing and distribution of publications written in ethnic minority languages and Braille.

The State shall implement incentives for distribution of publications at ethnic minority areas, border areas, economically under-developed regions and rural areas.

Article 57 For newspapers and periodicals distributed by a postal enterprise, the postal enterprise shall ensure promptly and accurate distribution pursuant to the contractual agreement.Transportation enterprises undertaking carriage of publications shall facilitate transportation of publications.

Article 58 Organisations and individuals that have significant contributions towards development and prosperity of the publishing industry shall be rewarded pursuant to the relevant provisions of the State.

Article 59 The publishing authorities of people’s governments at the county level or above and the relevant authorities shall promptly adopt measure to stop unlawful interference, obstruction and sabotage of publishing, printing or replication, importation or distribution of publications.

Chapter VIII Legal Liability

Article 60 Staff members of the publishing authorities or the relevant authorities who took advantage of their official powers to accept monies or gains from others to allow applicants which do not satisfy the statutory criteria to obtain a permit or an approval document, or failed to perform supervision duties or to investigate an illegal act, thus resulting in serious consequences, shall be demoted or dismissed pursuant to the law; where the case constitutes a criminal offence, the offender shall be punished pursuant to the provisions of the Criminal Law on accepting bribes, abusing of official powers, dereliction of duty or any other crimes, and criminal liability shall be pursued in accordance with the law.

Article 61 Unauthorised establishment of organisations engaging in publishing, printing or reproduction, importation of publications, unauthorised publishing, printing or replication, importation or distribution of publications, passing off as a publisher or forgery or passing off of titles of newspapers or periodicals shall be banned by the publishing authorities, the administration for industry and commerce pursuant to their statutory powers; criminal liability shall be pursued in accordance with the law and pursuant to the provisions of the Criminal Law on illegal business operations; where the case does not constitute a criminal offence, the publications, illegal gains and tools and equipment used in the illegal activities shall be confiscated; where the amount of illegal gains is 50,000 yuan or more, a fine ranging from 5 to 10 times the amount of illegal gains shall be imposed concurrently; where there are no illegal gains or the amount of illegal gains is less than 50,000 yuan, a fine of not more than 250,000 yuan shall be imposed concurrently; persons who infringe upon the legitimate rights and interests of others shall bear civil liability pursuant to the law.

Article 62 Persons who commit any of the following acts which violate the provisions of the Criminal Law shall be pursued for criminal liability pursuant to the provisions of the Criminal Law; where the offence does not warrant criminal punishment, they shall be ordered by the publishing authority to suspend operation for rectification, and the publications and illegal gains shall be confiscated; where the amount of illegal turnover is 10,000 yuan or more, a fine ranging from 5 to 10 times the amount of the illegal business turnover shall be imposed; where the amount of illegal turnover is less than 10,000 yuan, a fine of not more than 50,000 yuan may be imposed on them; in serious cases, the original issuing authority shall revoke the permit:

(1) Publishing and importation of publications with contents prohibited by Article 25 and Article 26;

(2) Printing or replication, distribution of publications with contents prohibited by Article 25 and Article 26 knowingly; or

(3) Sale or transfer of name of a publisher, ISBN, ISSN or layout, or lease of an organisation name or ISSN to a publisher known to be publishing publications with contents prohibited by Article 25 and Article 26.

Article 63 Persons who commit any of the following acts shall be ordered by the publishing authority to stop the illegal act; the publications and illegal gains shall be confiscated; where the amount of illegal turnover is 10,000 yuan or more, a fine ranging from 5 to 10 times the amount of the illegal business turnover shall be imposed on them concurrently; where the amount of illegal turnover is less than 10,000 yuan, a fine of not more than 50,000 yuan shall be imposed on them concurrently; in serious cases, they shall be restricted from carrying out the relevant manufacturing and business activities and ordered to suspend operation for rectification within a stipulated period, or the original issuing authority shall degrade the relevant qualification level until revoking the permit, as the case may be:

(1) Importation, printing or replication, distribution of publications prohibited by the administrative department for publishing under the State Council; or

(2) Printing or replication of smuggled overseas publications.Persons who distribute imported publications but do not receive supply from a publications importer stipulated in this Regulation shall be ordered by the publishing authority to stop the illegal act, and the publications and illegal gains shall be confiscated. Where the amount of illegal gains is 50,000 yuan or more, a fine ranging from 5 to 10 times the amount of illegal gains shall be imposed on them concurrently; where there are no illegal gains or the amount of illegal gains is less than 50,000 yuan, a fine of not more than 250,000 yuan shall be imposed on them concurrently; in serious cases, they shall be restricted from carrying out the relevant manufacturing and business activities and ordered to suspend operation for rectification within a stipulated period, or the original issuing authority shall degrade the relevant qualification level until revoking the permit, as the case may be.

Article 64 Smugglers of publications shall be pursued for criminal liability pursuant to the provisions of the Criminal Law on smuggling; where the offence does not warrant criminal punishment, they shall be subject to administrative punishment by the Customs pursuant to the provisions of the Customs Law.

Article 65 Under any of the following circumstances, the publishing authority shall confiscate the publications and illegal gains; where the amount of illegal gains is 50,000 yuan or more, a fine ranging from 5 to 10 times the amount of illegal gains shall be imposed concurrently; where there are no illegal gains or the amount of illegal gains is less than 50,000 yuan, a fine of not more than 250,000 yuan shall be imposed concurrently; in serious cases, the offender shall be restricted from carrying out the relevant manufacturing and business activities and ordered to suspend operation for rectification within a stipulated period, or the original issuing authority shall degrade the relevant qualification level until revoking the permit, as the case may be:

(1) A publisher entrusts an organisation which has not obtained the permit for printing or replication of publications for printing or replication of its publications;

(2) A printing or replication entity prints or replicates publications without a printing or replication permit;

(3) A printing or replication entity accepts entrustment by an organisation or individual that is not a publisher to carry out printing or replication of publications;

(4) A printing or replication entity prints or replicates overseas publications without performing the statutory formalities, or fails to ship all printed or replicated overseas publications out of China; or

(5) A printing or replication entity, distributor or an individually-owned business prints or replicates, distributes publications which do not state the name of the publisher.Under any of the following circumstances, the publishing authority shall confiscate the publications and illegal gains; where the amount of illegal turnover is 10,000 yuan or more, a fine ranging from 5 to 10 times the amount of the illegal business turnover shall be imposed concurrently; where the amount of illegal turnover is less than 10,000 yuan, a fine of not more than 50,000 yuan may be imposed concurrently; in serious cases, the offender shall be restricted from carrying out the relevant manufacturing and business activities and ordered to suspend operation for rectification within a stipulated period, or the original issuing authority shall degrade the relevant qualification level until revoking the permit, as the case may be.

(1) Printing or replication, distribution of publications which forge or pass off the name of a publisher or the titles of newspapers or periodicals by a printing or replication entity, distributor or an individually-owned business; or

(2) Publishing, printing or distribution of primary and secondary school textbooks which have not been validated pursuant to the law by a publishing, printing or distribution entity, or publishing or distribution of primary and secondary school textbooks by an organisation which is not determined pursuant to the provisions of this Regulation.

Article 66 Under the following circumstances, any publisher shall be ordered by the publishing authority to stop the illegal act, and be subject to a warning; the publications and illegal gains of the illegal business operation shall be confiscated; where the amount of illegal gains is 50,000 yuan or more, a fine ranging from 5 to 10 times the amount of illegal gains shall be imposed on it concurrently; where there are no illegal gains or the amount of illegal gains is less than 50,000 yuan, a fine of not more than 250,000 yuan shall be imposed on it concurrently; in serious cases, it shall be restricted from carrying out the relevant manufacturing and business activities and ordered to suspend operation for rectification within a stipulated period, or the original issuing authority shall degrade the relevant qualification level until revoking the permit, as the case may be:

(1) Sale or transfer of name of a publisher, ISBN, ISSN or layout, or lease of name of a publisher or ISSN to others; or

(2) Making use of publishing activities to seek other improper gains.

Article 67 Under the following circumstances, the offender shall be ordered by the publishing authority to make correction and be subject to a warning; in serious cases, the offender shall be ordered to suspend operation and make correction within a stipulated period, or be subject to cancellation of permit by the original issuing authority:

(1) A publisher failed to complete examination and approval, change of registration formalities with the publishing authority pursuant to the provisions of this Regulation for change of the publisher’s name, sponsor or its governing authorities and scope of business, merger or division, publishing of new newspapers or periodicals, change of title of newspapers or periodicals, or any other change matter of publisher;

(2) A publisher failed to file its annual publishing plan and major topics which involve national security, social stability etc. for record;

(3) A publisher failed to submit samples of publications pursuant to the provisions of this Regulation;

(4) A printing or replication entity failed to retain materials for future inspection pursuant to the provisions of this Regulation;

(5) A publications importer failed to file its list of imported publications for record;

(6) A publisher has suspended publishing activities for more than 180 days arbitrarily;

(7) A distributor or an importer of publications failed to complete examination and approval formalities for change pursuant to the provisions of this Regulation; or

(8) The quality of publications does not comply with the relevant provisions and standards.

Article 68 Persons who organise exhibitions of overseas publications without prior approval shall be ordered by the publishing authority to stop the illegal act; the publications and illegal gains shall be confiscated; in serious cases, the offender shall be ordered to suspend operation for rectification within a stipulated period or be subject to revocation of permit by the original issuing authority.

Article 69 In the case of printing or replication, wholesale, retail, lease or dissemination of publications with contents prohibited by Article 25 or Article 26 or any other illegal publications, where the sources of the illegal publications stated or identified by the party concerned are verified and found to be true, the publications and illegal gains shall be confiscated, and any other administrative punishment may be mitigated or waived.

Article 70 Where any organisation is subject to administrative punishment of revocation of a permit for violation of the provisions of this Regulation, its legal representative or principal shall not be appointed as the legal representative or principal of a publisher, printing or replication entity, importer or distributor of publications within 10 years from cancellation of the permit.Publishing personnel who violate the provisions of this Regulation shall have their qualification certificate revoked by the original issuing authority if the case is serious.

Article 71 Administrative punishment of imposition of fines pursuant to the provisions of this Regulation shall implement separation of decisions on imposition of fine and collection of fine pursuant to the provisions of the relevant laws and administrative regulations; all fines collected shall be turned over to the Treasury.For the purpose of this Regulation, the term “illegal gains” shall refer to the amount of profits after deducting the cost from the illegal act. Where there is no cost or it is difficult to calculate the cost, the proceeds obtained from the illegal act shall be the illegal gains.

Chapter IX Supplementary Provisions

Article 72 Where the administrative regulations stipulate otherwise on publishing, replication, importation and distribution of audio-visual products and electronic publications, such provisions shall prevail. The administrative measures on acceptance of publications presented by overseas organisations or individuals, detailed measures on subscription to overseas publications, examination and approval and administrative measures on online publishing shall be separately formulated by the administrative department for publishing under the State Council pursuant to the principle of this Regulation.

Article 73 This Regulation shall come into force on February 1, 2002, repealing simultaneously the Administrative Regulation on Publishing promulgated by the State Council on January 2, 1997.