Regulations on the Administration of Printing Industry
2018-05-06 1190
Regulations on the Administration of Printing Industry
- Area of Law: Culture
- Level of Authority: Administrative Regulations
- Date issued:03-01-2017
- Effective Date:03-01-2017
- Status: Effective
- Issuing Authority: State Council
Regulations on the Administration of Printing
Industry
(Promulgated by the Order No. 315 of the State Council of the People's Republic
of China on August 2, 2001; and revised for the first time as per the Decision
of the State Council on Amending Some Administrative Regulations on February 6,
2016; and revised for the second time in accordance with the Decision of the
State Council to Amend and Repeal Certain Administrative Regulations on March
1, 2018)
Chapter 1 General Provisions
Article 1 These Regulations are formulated in order to strengthen the
administration of printing industry, to protect the lawful rights and interests
of the operators of printing industry and the public interests of the society,
and to promote the socialist spiritual civilization and material civilization.
Article 2 These Regulations apply to the operations of printing publications,
printed matters of package and decoration, and other printed matters.
Publications referred to in these Regulations include newspapers, journals,
books, maps, New Year pictures, pictures, wall calendars, picture albums and
the binding and layout, and cover of audio and video products and electrical
publications, etc.
Printed matters of package and decoration referred to in these Regulations
include trademark signs, advertisement publicity material and the printed
matters of paper, metal, plastic, etc, which are used as product package or
decoration.
Other printed matters referred to in these Regulations include documents, data,
charts, tickets, certificates, visiting cards, etc.
Operations of printing referred to in these Regulations include operational
activities of typesetting, plate making, printing, binding, copying,
photographic reproducing, mimeographing, etc.
Article 3 The operators of printing industry must abide by the relevant laws,
regulations and rules, and stress the social benefits.
Publications, printed matters of package and decoration and other printed
matters that contain reactionary, pornographic or superstitious contents and
other contents publicly prohibited by state orders shall be prohibited from
printing.
Article 4 The administrative department of publishing of the State Council
shall be in charge of the supervision and administration of the printing
industry of the whole country. The administrative departments in charge of
publishing administration of the people's governments at the county level and
above (hereinafter referred to as administrative departments of publishing)
shall be responsible for the supervision and administration of the printing
industry within their respective administrative areas.
The public security departments, administrative departments and other relevant
departments of industry and commerce of the people's governments at the county
level and above shall be responsible for the relevant supervision and
administration of printing industry within their respective scope of duties.
Article 5 The operators of printing industry shall establish and perfect the
system of printing undertaking validation, the system of printing undertaking
registration, the system of printed matter keeping, the system of printed
matter delivery, and the system of destroying the shopworn and defective
products produced in printing activities. The specific measures shall be
formulated by the administrative department of publishing of the State Council.
If the operators find illegal and criminal acts in the printing operations,
they shall report timely to the public security departments or the
administrative departments of publishing.
Article 6 The social organizations of printing industry shall, under the
guidance of the administrative departments of publishing, adopt self
administration according to their articles of association.
Article 7 A printing enterprise shall submit annual reports to the publication
administrative department as scheduled. The publication administrative
department shall disclose the relevant content of the annual reports to the
public in a timely manner according to the law.
Chapter 2 Establishment of Printing Enterprises
Article 8 The state adopts the license system for printing operations. No unit
or individual may undertake printing operations without obtaining the license
for printing operations according to these Regulations.
Article 9 The following conditions are required to be met where an enterprise
engages in printing operations:
1) having the name and articles of association of the enterprise;
2) having definite business scope;
3) having the operating place and necessary operating conditions such as fund
and equipment, etc, that meet the needs of the business scope;
4) having the organizational framework and personnel that meet the needs of the
business scope; and
5) other conditions provided by the relevant laws and regulations.
In the approval of an application for engaging in printing operations, the
planning of the state on the total number, structure and layout of printing
enterprises shall be observed in addition to the provisions prescribed in the
preceding paragraph.
Article 10 For the formation of an enterprise engaging in the printing of
publications, an application shall be filed with the publication administrative
department of the people's government of the province, autonomous region, or
municipality directly under the Central Government where it is located. If the
application is approved, the applicant shall obtain a printing business permit,
apply for registration with the administrative department for industry and
commerce on the basis of the printing business permit, and obtain a business
license.
To apply for engaging in the printing of printed matters for packaging and
decoration and other printed matters, an enterprise shall file an application
with the publication administrative department of the people's government at
the level of the districted city where it is located on the basis of its
business license, and if the application is approved, a printing business
permit shall be issued to it.
No individual may engage in the printing of publications or printed matters for
packaging and decoration; and individuals engaging in the printing of other
printed matters shall undergo the approval formalities in accordance with
paragraph 2 of this article.
Article 11 The publication administrative department shall, within 60 days of
receipt of the application filed under Article 10 of the Regulation, make a
decision to approve or disapprove the application. If the application is
approved, a printing business permit shall be issued to the applicant; or if
the application is disapproved, the applicant shall be notified of the decision
with an explanation of the reasons for the disapproval.
The license for printing operations shall indicate the types of the printing
operations that the printing enterprise is engaged in.
The license for printing operations shall not be sold, rent, lent or
transferred through other means.
Article 12 If an operator of printing industry applies to operate concurrently
or to change the printing operations of publications, printed matters of
package or decoration or other printed matters, or to annex other operators of
the printing industry to itself/himself, or to establish new operators of
printing industry because of merger or division, he shall go through the
procedures according to the provisions of Article 9 of these Regulations.
Where a printing business changes its name, legal representative or person in
charge, domicile or business premises, or other main registration matter or
terminates its printing operations, it shall report the change to the
publication administrative department that approved its formation for
recordation.
Article 13 The administrative departments of publication shall, in accordance
with the general requirements for the construction of the social credit
information platform of the state, achieve the interconnection and sharing of
information on printing enterprises with the public security departments,
administrative departments for industry and commerce, or other relevant
departments.
Article 14 The state allows the establishment of Chinese and foreign equity joint
printing enterprises, Chinese and foreign cooperative joint printing
enterprises, and allows the establishment of foreign-funded enterprises engaged
in the operations of printing printed matters of package and decoration. The
specific measures shall be formulated by the administrative department of
publishing of the State Council jointly with the department in charge of
foreign trade and economy of the State Council.
Article 15 If a unit wishes to establish printing factories (institutes) of its
own, it must go through the procedures for registration with the administrative
department of publishing of the people's government at the county level or
above; if such a printing factory (institute) involves the printing of state
secrets, the unit shall also go through the procedures for registration with
the secrecy departments.
Printing factories (institutes) established inside the units may undertake
printing operations; those that wish to undertake printing operations must go
through the procedures according to the provisions of this chapter.
Chapter 3 Printing of Publications
Article 16 The state encourages the enterprises engaged in operations of
printing publications to print the publications that reveal the new excellent
cultural achievements of China and foreign countries, and lays stress on the
printing of traditional cultural elaborate works and valuable academic works.
Article 17 The enterprises engaged in the operations of publication printing
may not print the publications that are prohibited publicly by the state orders
from publishing or the publications published by non-publishing units.
Article 18 To print publications, the unit that entrusts the printing shall
sign the printing contract with the printing enterprise according to the
relevant provisions of the state.
Article 19 When accepting the entrustment of the publishing unit to print books
and journals, a printing enterprise must validate, receive and keep the
printing trust deed sealed by the publishing unit, and shall, before printing,
report to the administrative department of publishing of the people's
government of the province, autonomous region or municipality directly under
the Central Government where the publishing unit is located; if the printing
enterprise accepts the entrustment of the publishing unit that is not located
in the province, autonomous region, municipality directly under the Central
Government where the printing enterprise is located to print books and
journals, the printing trust deed shall be reported to the administrative
department of publishing of the people's government of the province, autonomous
region, municipality directly under the Central Government where the printing
enterprise is located for record in advance. The format of the printing trust
deed shall be prescribed by the administrative department of publishing of the
State Council uniformly, and shall be uniformly printed by the administrative
departments of publishing of the people's governments of provinces, autonomous
regions and municipalities directly under the Central Government.
When accepting the entrustment of the publishing unit to print newspapers, a
printing enterprise must validate the license for newspaper publishing; when
accepting the entrustment of the publishing unit to print additional editions,
supplements of newspapers and journals, the printing enterprise must also
validate the documents of administrative departments of publishing in charge
that approve the publishing of the additional editions and supplements.
Article 20 When accepting the entrustment to print publications of internal
data, the printing enterprise must validate the printing permission issued by
the administrative department of publishing of the local people's government at
the county level or above.
When accepting the entrustment to print publications of internal data
containing religious contents, the printing enterprise must validate the
approving documents of the administrative department in charge of religious
affairs of the people's government of the province, autonomous region and
municipality directly under the Central Government and the printing permission
issued by the administrative department of publishing of the people's
government of the province, autonomous region and municipality directly under the
Central Government.
The administrative department of publishing shall make the decision to issue
the printing permission or not within 30 days since the date of receiving the
application for printing the publications of internal data or printing the publications
of internal data containing religious contents, and shall notify the applicant
of the decision; if no decision is made after the time limit, it is regarded
that the approval has been granted.
Article 21 When accepting entrustment to print foreign publications, a printing
enterprise must, by presenting the relevant legal proving documents of
copyright, obtain the approval of the administrative department of publishing
of people's government of the province, autonomous region or municipality directly
under the Central Government; the foreign publications printed must be
transported outside China and may not be issued or distributed within the
borders.
Article 22 A unit that entrusts the printing must print the name, address of
the publishing unit, the book number, issue number or edition number,
publishing date or issuing date, the real name and address of the enterprise
that accepts the entrustment to print the publications, and other relevant
items on the publications printed in accordance with the relevant provisions of
the state.
The printing enterprise shall keep a sample of the publication printed
according to the entrustment for checking-up for 2 years since the date of
completing the printing of the publication.
Article 23 A printing enterprise may not illegally print publications of others
without permission, may not sell, print more or accept the entrustment of a
third party to print more of the publications printed according to the
entrustment without authorization, may not sell, rent, lend or transfer by
other means the paper types and printing negatives of the publication to other
units or individuals.
Article 24 A printing enterprise may not seek subscription for or sell the
publications, and may not counterfeit or usurp other's name to print or sell
the publications.
Chapter 4 Printing of Printed Matters of Package and Decoration
Article 25 An enterprise engaged in the printing of printed matters of package
and decoration may not print counterfeited, falsely registered trademark signs,
and may not print the advertisement publicity material and printed matters used
as product package and decoration that are prone to misleading the consumers.
Article 26 When accepting entrustment to print registered trademark signs, a
printing enterprise shall validate the copy of the Trademark Registration
Certificate signed by the administrative department of industry and commerce at
the county level of the place where the person who registered trademark lives,
and shall check the registered trademark pattern provided by the trustor; when
accepting the entrustment of the person who is licensed to use the registered
trademark to print registered trademark signs, the printing enterprise shall
also validate the licensing contract of the use of registered trademark. The
printing enterprise shall keep the copy of the Trademark Registration
Certificate signed by the administrative department of industry and commerce,
the registered trademark pattern, and the copy of the licensing contract of the
use of registered trademark it has validated and checked for 2 years for
checking-up.
If the state has other provisions on the printing of registered trademark
signs, the printing enterprise shall also abide by those provisions.
Article 27 When accepting entrustment to print advertisement publicity
material, and printed matters used as product package and decoration, a
printing enterprise shall validate the business license of the unit or the
resident identity cards of the individuals that entrusted the printing; when
accepting the entrustment of advertisement operators to print advertisement
publicity material, the printing enterprise shall also validate the
qualification certificates of advertisement operations.
Article 28 When accepting entrustment to print printed matters of package and
decoration, a printing enterprise shall hand over all of the finished products,
half-finished products and wasters of the printed matters, and the printing
negatives, paper types, photographic plates, manuscripts, etc, to the unit or
individual that entrusted the printing, and may not keep those things without
authorization.
Article 29 When accepting entrustment to print foreign printed matters of
package and decoration, a printing enterprise must report to the administrative
department of publishing of the people' s government of the province,
autonomous region, municipality directly under the Central Government of the
place where the enterprise is located for record in advance; and the printed
matters of package and decoration must be transported outside China and may not
be sold within the borders.
Chapter 5 Printing of Other Printed Matters
Article 30 The printing of documents, material, charts, etc, that are marked
with secrecy shall be handled according to the relevant laws, regulations and
rules of the state.
Article 31 To print announcements, notices, employee's cards for major events,
passes, or instruments circulated in the society, an entity as the customer
must present the printing enterprise with a certificate issued by the competent
department. The printing enterprise must verify the certificate issued by the
competent department and keep a copy of the certificate for two years for
future inspection; and shall not authorize others to print the aforesaid
printed matters.
To print the value instruments or unvalued instruments used inside the organs,
organizations, armies, enterprises or institutions, or the special certificates
such as the letters of introduction, employee's cards, member's cards, passes,
degree certificates, academic background certificates or other academic
certificates, etc, that bear the unit names, the unit that entrusts the
printing must provide the certificate of printing entrustment. And the printing
enterprise must validate the certificate of printing entrustment.
The printing enterprise may not keep the samples, specimen pages of the printed
letters prescribed in the preceding two paragraphs; if the samples, specimen
pages do need to be kept because of business reference needs, the approval of the
unit that entrusted the printing shall be obtained, and the countermark of
“sample”, “specimen page” shall be sealed on the printed letters kept which
shall be preserved in good conditions and may not be lost.
Article 32 When accepting entrustment to print articles for religious use, a
printing enterprise must validate the approving documents of the administrative
department in charge of religious affairs of the people' s government of the
province, autonomous region, municipality directly under the Central Government
and the certificate of printing permission issued by the administrative
department of publishing of the people' s government of the province,
autonomous region, municipality directly under the Central Government; the
administrative departments of publishing of the people' s government of the
province, autonomous region, municipality directly under the Central Government
shall make the decision on whether to issue the certificate of printing
permission or not within 10 days since the date of receiving the application
for printing articles for religious use, and shall notify the applicant of the
decision; if no decision is made after the time limit, it is regarded that the
approval is granted.
Article 33 Individuals engaged in the operations of printing other printed
matters may not print the documents, material, charts, etc that are marked with
secrecy, may not print notices, announcements, employee's cards for important
activities, traffic permits, or tickets circulated in the society, may not
print the valued or unvalued instruments used inside the organs, organizations,
armies, enterprises or institutions, may not print the special certificates
such as letters of introduction, employee's cards, member's cards, passes,
degree certificates, academic background certificates, or other academic
certificates, and may not print articles for religious use.
Article 34 Those accepting entrustment to print other foreign printed matters
must report to the administrative departments of publishing of the people' s
government of the province, autonomous region, municipality directly under the
Central Government of their locations for record; and those printed matters
must be transported outside China and may not be sold within the borders.
Article 35 No printing enterprise or individual engaged in the operations of
printing other printed matters may illegally print the other printed matters of
others without permission, neither may they sell, print more or accept the
entrustment of a third party to print more of the other printed matters printed
according to entrustment without authorization, or sell, rent, lend or transfer
the paper types and printing negatives of the other printed matters printed
according to entrustment to other unit or individual.
Chapter 6 Punishment Rules
Article 36 Where, in violation of the provisions of this Regulation, an
enterprise engaging in the printing of publications is formed without approval
or printing operations are conducted without approval, the enterprise or
printing operations shall be banned by the publication administrative
department and the administrative department for industry and commerce
according to their statutory powers; the printed matters, illegal income, and
special tools and equipment used for the illegal activities shall be
confiscated; and a fine of not less than five times nor more than ten times the
amount of illegal operation shall be imposed on the violator if the amount of
illegal operation is 10,000 yuan or more or a fine of not less than 10,000 yuan
nor more than 50,000 yuan shall be imposed on the violator if the amount of
illegal operation is less than 10,000 yuan; and if the violation is criminally
punishable, the offender shall be held criminally liable according to the law.
The printing factories (institutes) established inside the units without going
through the procedures according to the provisions of Chapter 2 of these
Regulations shall be punished according to the provisions of the preceding
paragraph, if they undertake printing operations.
Article 37 If an operator of the printing industry, in violation of the
provisions of these Regulations, has committed any of the following acts, the
administrative department of publishing of the local people's government shall
order him to stop the illegal act, order him to stop business for internal
rectification, confiscate the printed matters and illegal earnings, and shall
impose a fine of more than 5 times and less than 10 times of the illegal
earnings on him if the illegal earnings are 10, 000 Yuan or more; a fine of
more than 10,000 Yuan and less than 50,000 Yuan shall be imposed on him if the
illegal earnings are less than 10, 000 Yuan; the former license-issuing organ
shall revoke the license if the circumstances are serious; and criminal responsibilities
shall be investigated into according to law if a crime is constituted.
1) Without obtaining the permission of the administrative department of
publishing, operating concurrently or changing the printing operations of
publications, printed matters of package and decoration or other printed
matters without authorization, or annexing other operators of the printing
industry to itself/himself without authorization;
2) Having not gone through the procedures according to the provisions of these Provisions
when establishing new operators of the printing industry because of merger or
division; or
3) Selling, renting, lending or transferring the license for printing
operations by other means.
Article 38 If an operator of the printing industry prints the publications,
printed matters of package and decoration, or other printed matters that
contain the contents prohibited by Article 3 of these Regulations, and this he
is fully aware of or should have known, or prints the publications prohibited
publicly by state orders or the publications published by non-publishing units,
the administrative department of publishing and the public security department
of the local people's government at the county level or above shall order him
to stop business for internal rectification, confiscate the printed matters and
illegal earnings, and a fine of more than 5 times and less than 10 times of the
earning from illegal operations shall be imposed on him if the earning from
illegal operations are 10, 000 Yuan or more; if the earnings from illegal
operations are less than 10, 000 Yuan, a fine of more than 10, 000 Yuan and
less than 50, 000 Yuan shall also be imposed on him; the former license-issuing
organ shall revoke the license if the circumstances are serious; and the
criminal responsibilities shall be investigated into according to law if a
crime is constituted.
Article 39 If an operator of the printing industry has committed any of the
following acts, the administrative department of publishing and the public security
department of the local people's government at the county level or above shall
order him to make corrections and give him warnings according to their legal
authorities; if the circumstances are serious, they shall order him to stop
business for internal rectification, or the former license-issuing organ shall
revoke the license:
1) Having not established the system of printing undertaking validation, the
system of printing undertaking registration, the system of printed matter
keeping, the system of printed matter delivery, and the system of destroying
the shopworn or defective products produced in the printing activities;
2) Failing to timely report to the public security department or administrative
department of publishing when finding illegal and criminal acts in the printing
operations;
3) Having not reported to the administrative department that formerly approved
the establishment when changing the main registration items such as the name,
legal representative or principal, domicile or operating place, etc, or when
terminating the printing operations; and
4) Having not kept the material for checking-up according to the provisions of
these Regulations.
Where an entity establishes an internal printing factory (office) without
registering it with the administrative department of publication or the secrecy
department of the local people's government at or above the county level in
violation of this Regulation, the administrative department of publication or
the secrecy department of the local people's government at or above the county
level shall, according to its statutory functions, order the entity to take
corrective action, and issue a warning to it; and if the circumstances are
serious, order the entity to cease business for an overhaul.
Article 40 If an enterprise engaged in the operations of printing publications
has committed any of the following acts, the administrative department of
publishing of the local people's government at the county level or above shall
give it warnings and confiscate its illegal earnings, if the earnings from
illegal operations are 10,000 Yuan or more, a fine of more than 5 times and
less than 10 times of the earnings from illegal operations shall be imposed on
the enterprise; if the earnings from illegal operations are less than 10,000
Yuan, a fine of more than 10,000 Yuan and less than 50,000 Yuan shall be
imposed on the enterprise; if the circumstances are serious, the enterprise
shall be ordered to stop business for internal rectifications, or the former
license-issuing organ shall revoke the license; if a crime is constituted, the
criminal responsibilities shall be investigated into:
1) when accepting the entrustment of other unit/ enterprise, having not
validated the printing trust deed, the relevant certificates or printing
permission certificate, or having not submitted the printing trust deed to the
administrative department of publishing for record according to the provisions
of these Regulations;
2) counterfeiting or usurping the name of other unit/ enterprise to print
publications;
3) illegally printing the publications of other unit/ enterprise without
permission;
4) illegally printing more or selling the publications printed according to
entrustment;
5) seeking subscription for or selling the publications;
6) selling, renting, lending or transferring through other means the paper type
and printing plates of the publications printed according to the entrustment of
the publishing units without authorization; and
7) accepting entrustment to print foreign publications without approval or
having not transported all of the foreign publications printed outside China.
Article 41 If an enterprise engaged in the operations of printing printed
matters of package and decoration has committed any of the following acts, the
administrative department of publishing of the local people's government at the
county level or above shall give it warnings and shall confiscate its illegal
earnings, if the earnings from illegal operations are 10,000 Yuan or more, a
fine of more than 5 times and less than 10 times of the earnings from illegal
operations shall be imposed on the enterprise; if the earnings from illegal
operations are less than 10,000 Yuan, a fine of more than 10,000 Yuan and less
than 50,000 Yuan shall be imposed on the enterprise; if the circumstances are
serious, the enterprise shall be ordered to stop business for internal
rectifications or the former license-issuing organ shall revoke the license; if
a crime is constituted, the criminal responsibilities shall be investigated
into:
1) when accepting the entrustment to print registered trademark signs, having
not validated or checked the copy of the Trademark Registration Certificate
signed by the administrative department of industry and commerce, the
registered trademark patterns or the copy of the licensing contract of the use
of registered trademark;
2) when accepting the entrustment to print advertisement publicity material or
the printed matters used as product package and decoration, having not
validated the business license of the unit or the resident identification card
of the individual that entrusted the printing, or when accepting the
entrustment of advertisement operators, having not validated the qualification
certificate for advertising operation according to the provisions of these
Regulations;
3) illegally printing the printed matters of package and decoration of other
unit/enterprise without permission; or
4) when accepting the entrustment of printing foreign printed matters of
package and decoration, having not reported to the administrative department of
publishing for record, or having not transported all of the foreign printed
matters of package and decoration outside China.
If the printing enterprise violates the provisions of the state on the
administration of registered trademark or advertisement printing when accepting
the entrustment to print registered trademark signs or advertisement publicity
material, the administrative department of industry and commerce shall give it
warnings and confiscate the printed matters and illegal earnings, if the
earnings from illegal operations are 10,000 Yuan or more, a fine of more than 5
times and less than 10 times of the earnings from illegal operations shall be
imposed on the enterprise; if the earnings from illegal operations are less
than 10,000 Yuan, a fine of more than 10,000 Yuan and less than 50,000 Yuan
shall be imposed on the enterprise.
Article 42 If an enterprise or individual engaged in the operations of printing
other printed matters has committed any of the following acts, the
administrative department of publishing of the local people's government at the
county level or above shall give warnings to it/him, confiscate the printed
matters and the illegal earnings, if the earnings from illegal operations are
10,000 Yuan or more, a fine of more than 5 times and less than 10 times of the
earnings from illegal operations shall be imposed on the enterprise; if the
earnings from illegal operations are less than 10,000 Yuan, a fine of more than
10,000 Yuan and less than 50,000 Yuan shall be imposed on the enterprise; if
the circumstances are serious, the enterprise shall be ordered to stop business
for internal rectifications, or the former license-issuing organ shall revoke
the license; if a crime is constituted, the criminal responsibilities shall be
investigated into:
1) when accepting the entrustment to print other printed matters, having not
validated the relevant certificates according to the provisions of these
Regulations;
2) entrusting the other printed matters entrusted to it/him to others;
3) selling, renting, lending or transferring through other means the paper
types and the print negatives of the other printed matters entrusted to it/him
for printing;
4) counterfeiting, altering the degree certificates, academic background
certificates and other documents and certificates of state organs, or the
documents and certificates of enterprises or institutions, or illegally
printing the other printed matters of others without permission;
5) illegally printing more or selling the other printed matters entrusted to
it/him for printing;
6) when accepting the entrustment to print foreign other printed matters,
having not reported to the administrative department of publishing for record,
or having not transported all of the foreign other printed matters outside
China according to the provisions of these Regulations; or
7) the individual engaged in the operations of printing other printed matters
operating beyond his business scope.
Article 43 Under any of the following circumstances, the administrative
department of publication shall issue a warning to the violator, confiscate the
printed matters and illegal income, and impose a fine of five to ten times the
illegal turnover if the illegal turnover is 10,000 yuan or more or a fine of
not less than 10,000 yuan nor more than 50,000 yuan if the illegal turnover is
less than 10,000 yuan on it; order the violator to cease business for an
overhaul or revoke its printing permit if the circumstances are serious; and
hold the violator criminally liable in accordance with the law if it is a
criminal violation:
(1) In the printing of announcements, notices, employee's cards for major
events, passes, and instruments circulated in the society, the printing enterprise
fails to verify the certificate issued by the competent department or
authorizes others to print the aforesaid printed matters.
(2) A business in the printing industry counterfeits or alters any degree
certificate, diploma, or other document or certificate of a state organ or any
document or credentials of an enterprise, public institution, or people's
organization.
Where, in the printing of announcements, notices, employee's cards for major
events, passes, and instruments circulated in the society, an entity as the
customer fails to obtain a certificate from the competent department, the
administrative department of publication of the people's government at or above
the county level shall impose a fine of not less than 500 yuan nor more than 5,000
yuan on it.
Article 44 If an operator of the printing industry, in violation of the
provisions of these Regulations, has committed any of the following acts, the
administrative department of publishing of the local people's government at the
county level or above shall order him to make corrections and give him
warnings; if the circumstances are serious, the department shall order the
operator to stop business for internal rectification, or the former
license-issuing organ shall revoke the license;
1) the enterprise engaged in the operations of printing printed matters of
package and decorations keeping the finished products, half-finished products,
wasters of the printed matters of package and decoration, or the printing
plates, paper types, printing negatives, manuscripts, etc; or
2) the enterprise and individual engaged in the operations of printing other
printed matters keeping the samples, prospectus of the other printed matters
without authorization, or having not sealed the countermark of “sample”,
“prospectus” on the samples, prospectus kept.
Article 45 If a printing enterprise is given the administrative punishment of
revoking the license, its legal representative or principal may not be the
legal representative or principal of printing enterprise within 10 years since
the day on which the license is revoked.
If the individual engaged in operations of printing other printed matters is
given the administrative punishment of revoking the license, he may not
undertake the printing operations within 10 years since the day on which the
license is revoked.
Article 46 The administrative punishment of fine imposed according to the
provisions of these Regulations shall adopt the division of fine decision and
fine collection according to the provisions of relevant laws and regulations;
and all of the fine collected must be rendered to the treasury.
Article 47 Where, in violation of the provisions of this Regulation, the
publication administrative department, the administrative department for
industry and commerce, or any other relevant department grants approval to an
applicant not meeting the statutory conditions, as a result of which the
applicant obtains a permit and an approval document, fails to perform its duty
of supervision, or fails to investigate and handle an illegal act discovered,
if the consequences are serious, the disciplinary action of demotion or removal
from office shall be taken against the liable official in charge and other
directly liable persons; and if the violation is criminal punishable, the
offender shall be held criminally liable according to the law.
Chapter 7 Supplementary Provisions
Article 48 The printing enterprises that were established according to law
before these Regulations come into force shall draw another License for
Printing Operations at the administrative departments of publishing within 180
days since the day on which these Regulations come into force.
No other charges shall be collected for the granting of license according to
these Regulations, except the costs by the legal standard.
Article 49 These Regulations shall come into force on the date of promulgation.
The Regulations on the Administration of Printing
Industry promulgated by the State Council on March 8, 1997 shall be
abolished at the same time.