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Measures for the Administration of Subscribers’ Order of Imported Publications 2004-12-31

Decree of the General Administration of Press and Publication of the People’s Republic of China
No. 27

The Measures for the Administration of Subscribers’ Order of Imported Publications, which were adopted at the 4th executive meeting of the General Administration of Press and Publication on December 9th, 2004, are hereby promulgated and shall come into force since February 1st, 2005.

General Director of the General Administration of Press and Publication Shi Zongyuan
December 31, 2004

Article 1 The present Measures are formulated in accordance with the Regulation on the Administration of Publication and other relevant laws and regulations for the purpose of meeting the reading demand for imported publications of domestic entities and individuals, foreign organizations, foreign-funded enterprises and foreigners in China, and people from Hong Kong, Macao and Taiwan regions and strengthening the administration of imported publications.

Article 2 Any subscriber’s order of imported publications within the territory of China shall be applied to the present Measures.

The "imported publications" as mentioned in the present Measures refers to the books, newspapers (including back issues), periodicals (including back issues) and electronic publications, etc. that are imported by the imported publication management entities and are published abroad or in the Special Administrative Region of Hong Kong, the Special Administrative Region of Macao or the Taiwan Region of China.

The "imported publication management entities" as mentioned in the present Measures refers to the entities, as established in accordance with the Regulation on the Administration of Publication, that engage in the import business management of publications.

The "subscribers" as mentioned in the present Measures refers to any domestic entity or individual, any foreign organization, foreign-funded enterprise in China, any foreigner who works, studies or lives in China for a long term and any person from Hong Kong, Macao or Taiwan.

The "order" as mentioned in the present Measures refers to that a subscriber, for the purpose of meeting the reading demand of the entity where he works or of himself, place an order of the purchase for imported publications to the imported publication management entity.

Article 3 The state adopts the system of classified administration on the distribution of imported publications. Imported newspapers and periodicals, imported books and electronic publications, etc. whose distribution is limited shall be distributed on the distribution manner that subscribers order them and they are supplied through classified distribution. The imported books and electronic publications whose distribution is not limited shall be distributed by way of market sales.

The imported newspapers and periodicals fall into two categories: those of limited distribution and those of unlimited distribution.

The categories of imported newspapers, periodicals, books and electronic publications of limited distribution shall be decided by the General Administration of Press and Publication.

Article 4 The order of imported publications by subscribers shall be managed by the imported publication management entities. In particular, the business of imported newspapers and periodicals ordered by subscribers shall be carried out by the imported publication management entities designated by the General Administration of Press and Publication. The business of imported books and electronic publications of limited distribution shall be carried out by the imported publication management entities designated by the General Administration of Press and Publication within the authorized business scope.

Unless upon the approval of the General Administration of Press and Publication, no entity or individual may engage in the business activities of imported newspapers and periodicals ordered by subscribers or imported books and electronic publications of limited distribution.

In case any imported publication management entity entrusts a non- imported publication- management entity to solicit subscriptions for or distribute any imported publication, it shall report to the General Administration of Press and Publication for approval in advance.

Article 5 In case any domestic entity subscriber places an order on any imported newspaper or periodical of unlimited distribution, it may directly go to the import entity of newspapers or periodicals designated by the General Administration of Press and Publication to deal with procedures of order with the order application form of the entity. A domestic individual subscriber shall deal with procedures of order via the entity where he works.

Article 6 Domestic entity subscribers, who may order imported newspapers, periodicals, books and electronic publications whose distribution is limited, shall be decided by the General Administration of Press and Publication.

Article 7 For domestic entity subscribers who order imported newspapers, periodicals, books and electronic publications of limited distribution, the entity subscribers under the Central Government shall be subject to the examination and approval by the corresponding ministry or commission to which they are subordinated; the local entity subscribers shall be subject to the examination and approval by the Press and Publication Bureau of its province, autonomous region or municipality directly under the Central Government and, thereafter, be reported to the publicity department of the Party Committee at the same level for approval. Any subscriber who has obtained the approval thereof may go to the imported publication management entities designated by the General Administration of Press and Publication with an entity order application form and the relevant approval documents to deal with the procedures of order.

Article 8 Any foreign organization, foreign-funded enterprise in China or any foreigner who works, studies, or lives in China for a long term or any person from Hong Kong, Macao or Taiwan, who orders any imported newspaper or periodical, shall go to the import entities of newspapers or periodicals designated by the General Administration of Press and Publication with an entity order application form or their identification certification to deal with the procedures of order.

Article 9 Imported publication management entities shall be responsible for the examination and approval of the subscribers who order imported newspapers, periodicals, books, electronic publications of limited distribution, and shall report the name list of subscribers after examination and approval and the drafted categories and subscription quantity of imported newspapers, periodicals, books and electronic publications of limited distribution to the General Administration of Press and Publication for approval. The imported publication management entities shall supply the subscribers in accordance with the name list of subscribers and the categories and subscription quantity of imported newspapers, periodicals, books and electronic publications of limited distribution as approved.

Article 10 Whoever unlawfully engages in the business of subscribers’ order for imported publications shall be punished according to Article 55 of the Regulation on the Administration of Publications.

Whoever violates any other provisions of the present Measures shall be ordered to correct and be imposed a warning by the administrative department of press and publication, and, in the event of a serious case, shall be imposed a fine of no more than 30,000 yuan.

Article 11 The present Measures shall come into force since February 1,2005.