Measures of Beijing Municipality for the Administration of Books, Newspapers and Periodicals Market
No.7
The measures for the implementation of the management of books, newspapers and periodicals market in Beijing are hereby promulgated and shall come into force as of April 1, 1991.
Measures of Beijing Municipality for the Administration of Books, Newspapers and Periodicals Market
Article 1 These Measures are formulated for the purpose of implementing the Regulations of Beijing Municipality on the Administration of Books, Newspapers and Audiovisual Markets promulgated by the Standing Committee of the Municipal People’s Congress (hereinafter referred to as the Regulations) and strengthening the management of the books, newspapers and periodicals markets.
Article 2 The "Regulations" and these Measures must be fully implemented in the distribution and lease of books and newspapers within the administrative area of this Municipality (referring to the wholesale, retail, mail order and consignment, the same below).
Article 3 The Municipal Press and Publication Bureau is the competent authority of the book and newspaper market in this Municipality, and is responsible for the supervision and management of the distribution and rental of books and newspapers in this Municipality. The district and county cultural administrative organs shall be responsible for the daily management of the books, newspapers and periodicals market within their respective administrative areas.
Article 4 An entity applying to engage in the business of publishing and renting books and newspapers must have a fixed business place, capital and equipment corresponding to its business scale, and the establishment of outlets shall conform to the development plan of the book and newspaper publishing industry in this Municipality and the market planning of the districts and counties.
Units applying for the wholesale business of books, newspapers and periodicals, in addition to the above conditions, must also have higher authorities, engaged in retail business for more than three years, and have management personnel with certain business level and cultural knowledge.
Article 5 An individual applying to engage in the retail and rental business of books, newspapers and periodicals must have a permanent residence in this Municipality and a junior high school education or above, in addition to meeting the provisions of the first paragraph of Article 4 of these Measures.
No individual may engage in the wholesale business of books, newspapers and periodicals.
Article 6 Units and individuals applying for the business of publishing and renting books, newspapers and periodicals shall submit relevant materials to the local district or county cultural administrative organ for examination and approval; With the approval of the district and county cultural administrative organs, a business license shall be issued, and the applicant shall apply for a business license from the administrative department for industry and commerce with a certificate.
The wholesale business of calendars, calendars and New Year pictures is operated by Xinhua Bookstore. Retail calendars, calendars and new year pictures of books, newspapers and stationery operators shall be reported to the local district and county cultural administrative organs for examination and approval; If approved, a temporary business license shall be issued, and the corresponding registration shall be handled with the administrative department for industry and commerce. The temporary license shall indicate the validity period.
Those who have not obtained a business license shall not operate calendars, calendars or New Year pictures.
Foreign book and newspaper business units applying for engaging in book and newspaper business activities in this city must hold the approval documents of the local provincial press and publication administrative authorities and report to the Municipal Press and Publication Bureau for approval; If it is approved, it will be issued with a business license and a special certificate for registration with the administrative department for industry and commerce.
Unless otherwise provided by laws and regulations, those who have not obtained the business license and business license are not allowed to engage in the business of publishing and renting books and newspapers.
The business license is not allowed to be lent, leased, altered or forged.
Books, newspapers and periodicals business units or individuals (hereinafter referred to as book and newspaper operators) that change their business location, name, nature, competent department and other matters or close their business shall go through corresponding changes or close their business registration with the original approval authority.
Seventh postal departments engaged in newspaper distribution business, according to the relevant provisions of the "Postal Law", the provisions of Article 6 of these measures are not applicable. Non-postal personnel who retail newspapers must obtain the approval of the local postal department and wear the newspaper retail market business license printed by the postal department.
Newspaper employees who sell newspapers published by this newspaper must wear the newspaper retail market business license printed by this newspaper.
The style of newspaper retail market business license shall be reported to the Municipal Press and Publication Bureau for the record by the issuing unit.
Article 8 Operators of books, newspapers and periodicals shall abide by the following provisions:
1. Do not operate beyond the approved mode and scope of operation. Without approval, it is not allowed to operate antique books and newspapers, imported books and newspapers (including Taiwan Province, Hongkong and Macau editions) and internally distributed books and newspapers.
Two, the unit operating books and newspapers must be purchased from the official publishing unit and the unit approved to engage in wholesale business; Self-employed books, newspapers and periodicals must be purchased from wholesale units in this city. Wholesale units shall not wholesale books, newspapers and periodicals to operators without business licenses.
Third, it is forbidden to sell or rent books, newspapers and periodicals that propagate and incite against the basic principles set by the Constitution, oppose the Communist Party of China (CPC)’s leadership, deny the socialist system, endanger national security, undermine national unity, and promote obscenity, feudalism, superstition and murder and violence; It is forbidden to sell or rent books, newspapers and periodicals without standard ISBN, uniform ISBN, publishing unit and pricing, and other illegal publications prohibited by the state.
Four, books and newspapers, advertisements, orders, shall not use low-level, vulgar, obscene language and pictures; Do not make false propaganda. Books issued internally and imported shall not be advertised publicly.
Five, shall not arbitrarily alter the pricing of books and newspapers or arbitrarily increase the price, shall not be sold with books and newspapers.
Article 9 Books and periodicals of literature and art and sexual knowledge purchased by wholesale units shall be submitted to the Municipal Press and Publication Bureau for review. The Municipal Press and Publication Bureau shall, within three days from the date of receiving the sample book, make a reply of agreeing or disagreeing with the sales. Without examination or examination by the Municipal Press and Publication Bureau, it is considered that the contents of books and periodicals violate the "Regulations" and the relevant provisions of the state and do not agree to the sale, and the wholesale unit shall not sell or deal with them without authorization.
Tenth in parks, exhibition halls and other public places to hold books, newspapers and exhibitions, must be reported to the Municipal Press and Publication Bureau for approval before opening, and then according to the relevant provisions of the management of commodity exhibitions and exhibitions.
Article 11 The Municipal Press and Publication Bureau and the district/county cultural administrative organs may take measures to stop selling, temporarily detain and seal up books and newspapers that are sold or rented in this city and are banned in violation of Article 16 of the Regulations, and deal with them in accordance with the Regulations and relevant state regulations.
Twelfth in violation of the "Regulations" and these measures, the municipal press and publication bureau or the district/county cultural administrative organ shall give the following penalties:
First, those who operate books, newspapers and periodicals without a business license, or those who do not operate in the approved fixed place with a business license, shall be banned, all illegally operated books and periodicals and illegal income shall be confiscated, and depending on the seriousness of the case, the unit shall be fined not less than 20,000 yuan from 1000 yuan, and the individual shall be fined not less than 50 yuan and not more than 500 yuan.
Two, without the approval of the calendar, calendar, New Year pictures, given a warning, confiscation of illegal calendars, calendars, New Year pictures and illegal income; If the circumstances are serious, a fine of more than 20,000 yuan from 1000 yuan may be imposed.
Three, change or business is not required to register, give a warning or a fine of more than 50 yuan and less than 500 yuan.
Four, lent, leased, altered business license, given a warning, a fine of more than 100 yuan and 1000 yuan; If the circumstances are serious, the business license shall be revoked, and the business license shall be revoked by the administrative department for industry and commerce. Whoever forges a license shall be punished according to the first paragraph of this article, and the forged license shall be confiscated. If a crime is constituted, criminal responsibility shall be investigated according to law.
Five, newspaper workers and personnel approved by the postal department retail newspapers are not required to wear the newspaper retail market business license, given a warning or a fine of more than 5 yuan and less than 50 yuan.
Six, without authorization beyond the approved mode of operation and scope of operation, by the Municipal Press and Publication Bureau or the district and county cultural administrative organs in conjunction with the administrative department for Industry and commerce, confiscate the illegal income, and may be fined less than 3 times the total price of books and newspapers; If the circumstances are serious, the business license and business license shall be revoked.
Seven, in violation of the provisions of the purchase of books and newspapers, given a warning; If the circumstances are serious, the illegally purchased books and newspapers shall be confiscated, and the unit shall be fined between 2,000 yuan and 20,000 yuan, and the individual shall be fined between 5,000 yuan and 500 yuan.
Eight, the sale of prohibited books and periodicals, confiscate all prohibited books and periodicals and illegal income, and impose a fine of 3 to 5 times the total price of prohibited books and periodicals; If the circumstances are serious, the business license shall be revoked, and the business license shall be revoked by the administrative department for industry and commerce. Those who engage in speculation shall be punished by the administrative department for industry and commerce in accordance with the Provisional Regulations on Administrative Punishment of Speculation. Those who violate the administration of public security shall be punished by the public security organs in accordance with the Regulations of the People’s Republic of China on Administrative Penalties for Public Security. If a crime is constituted, criminal responsibility shall be investigated according to law.
Nine, wholesale units are not required to submit sample books, give a warning; If the circumstances are serious, the income from unauthorized sales of books and periodicals shall be confiscated, and a fine of more than 20,000 yuan from 1000 yuan may be imposed, until its wholesale business license is revoked.
Thirteenth in violation of the relevant provisions of advertising, prices, etc., by the Municipal Press and Publication Bureau or the district, county cultural administrative organs in conjunction with the industrial and commercial, price management organs to investigate and deal with according to law.
Fourteenth books and newspapers market management personnel to check the books and newspapers market, must produce inspection certificates; When withholding or confiscating books, newspapers and periodicals, a uniformly printed collection voucher must be issued; When stopping the sale and sealing up books and newspapers, the seals printed uniformly shall be used; When the operator is punished, a decision on handling illegal cases must be issued. Managers do not implement the above provisions, operators have the right to refuse inspection and punishment. Those who obstruct managers from performing official duties shall be punished by public security organs according to law.
Fifteenth problems in the specific implementation of these measures, the Municipal People’s government authorized the Municipal Press and Publication Bureau to explain.
Article 16 These Measures shall come into force as of April 1, 1991. On October 25, 1986, the Municipal People’s Government approved and issued the Regulations on Strengthening the Management of Books and Newspapers Market, which was abolished at the same time.