Some Explanations of the Administration of Press and Publications and the State Administration of Industry and Commerce on the “Provisional Rules concerning Newspaper Publishers, Periodical Publishers and Publishing Houses Launching Paid-For Services and Commercial Activities”

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25 May 1988, Administration of Press and Publications, State Administration of Industry and Commerce

I, Article 1 of the “Provisional Rules concerning Newspaper Publishers, Periodical Publishers and Publishing Houses Launching Paid-For Services and Commercial Activities” (hereafter simply named “Provisional Rules”) mentions “…launching paid-for services and commercial activities where permitted by State policies, that are related to their own business”. A concrete and clear formulation of this has been made in the content of the seven clauses of Article 2. Paid-for services and commercial activities launched by newspaper publishers, periodical publishers and publishing houses according to Article 2 of the “Provisional Rules”, are activities permitted by State policy and related to their own business.

II, Article 3 of the “Provisional Rules”, concerning newspaper publishers and periodical publishers being permitted to organize economic entities with approval of their controlling organ, refers to the fact that they must have both approval of the higher-level administrative controlling organ of that work unit, and must have approval of the sectoral specialized management organ, being the press and publications management organ, otherwise, administrative industry and commerce organs are not to accept registration.

Press and publications management organs examine and approve applications from newspaper publishers and periodical publishers to run economic entities according to the current hierarchical management powers over newspaper publishers and periodical publishers. Newspaper publishers and periodical publishers holding approval documents are to apply for registration with the local administrative industry and commerce management organs.

Where economic entities run by newspaper publishers and periodical publishers involve special State provisions concerning sectors or products, special examination and approval formalities are to be conducted according to regulations.

III, “Economic entities” as mentioned in the “Provisional Rules” refers to commercial organs having funding, quota, premises, fixed employed personnel and other business conditions as provided by the State. All those able to independently bear civil responsibility, are to undergo examination by the administrative industry and commerce management organ, and after registration and being issued with an “Enterprise Legal Person Business Permit”, they gain enterprise legal person qualifications. All those that cannot bear independent civil responsibility, after undergoing registration and being issued with a “Business Permit”, gain lawful business powers, but newspaper publishers and periodical publishers shall bear responsibility for commercial work units that cannot independently bear civil responsibility.

IV, “Pure commercial activities” as mentioned in Article 4 of the “Provisional Rules”, refers to product trading activities within the circulation domain, and does not include production, processing, manufacture, service, repair, food service and other activities. Companies and enterprises run by newspaper publishers and periodical publishers, are not forbidden to engage in pure commercial activities without exception, but they are not permitted to engage in pure commercial activities that are not related to their own business. Foe example, specialist newspapers and periodicals that have propaganda of fashion as main content, are permitted to run commercial clothing enterprises, but trading in agricultural by-products, electronic goods, foodstuffs, etc., is unrelated to their own business and is not permitted.

V, Newspaper publishers, periodical publishers and publishing houses launching paid-for services and commercial activities shall, on the basis of the provisions of the “Provisional Rules”, conduct registration. Those already having conducted registration before the issuance of the “Provisional Rules”, and conform to the provisions of the “Provisional Rules”, do not need to conduct supplementary registration; those not conform to the provisions of the “Provisional Rules”, shall supplement or complete relevant conditions and certification.

Newspaper publishers, periodical publishers and publishing houses who vigorously and actively launch paid-for services and commercial activities according to the “Provisional Rules”, and whose situation is good, should have their orientation confirmed. In order to ensure that this sort of activity can be sustained and be developed even more healthily and smoothly, newspaper publishers, periodical publishers and publishing houses must adopt realistic and powerful measures to strengthen management over the commercial organs and commercial personnel they manage. Mainly grasp two strands well:

(1) Regularly educate and supervise the commercial organs and commercial personnel they manage, let them obey discipline and abide by the law, conduct lawful business and not conduct illegal business activities

(2) Regularly educate and supervise the commercial organs and commercial personnel they manage, let them correctly deal with the relationship with the sponsoring work unit. The main objectives for newspaper publishers, periodical publishers and publishing houses to launch paid-for services and commercial activities, is to expand their own social influence and strengthen their economic power. The commercial organs they run are to use the superiority and social influence of newspapers, periodicals and publishing houses, use the funding, humanpower and material power of newspapers, periodicals and publishing houses, contract provisions shall be implemented for the profits gained, these are reasonably distributed, no commercial organ may dam the stream halfway, and it is certainly not permitted for commercial personnel to pocket the money.

新闻出版署、国家工商行政管理局《关于报社、期刊社、出版社开展有偿服务和经营活动的暂行办法》的几点说明
1988年5月25日,新闻出版署、国家工商局

一、《关于报社、期刊社开展有偿服务和经营活动的暂行办法》(以下简称《暂行办法》)第一条提到“……开展国家政策允许的、与本身业务有关的有偿服务和经营活动。”已经在第二条的七项内容中有具体明确的表述。报社、期刊社、出版社按照《暂行办法》第二条开展的有偿服务和经营活动,就是国家政策允许,并且与本身业务有关的活动。
二、《暂行办法》第三条关于报社、期刊社经主管机关批准可举办经济实体,是指既要经本单位上级行政主管机关批准,也要经行业归口管理机关即新闻出版管理机关批准,否则工商行政管理机关不受理登记。
新闻出版管理机关按照现行的对报社、期刊社的分级管理权限,对报社、期刊社举办经济实体的申请,予以审批。报社、期刊社持批准文件,向企业所在地工商行政管理机关申请登记注册。
报社、期刊社举办的经济实体,凡涉及国家对行业或产品有专项规定的,应按规定办理专项审批手续。
三、《暂行办法》中提到的“经济实体”,是指具有国家规定的资金、数额、场地、固定从业人员和其他经营条件的经营机构。凡能够独立承担民事责任的,经过工商行政管理机关核准,登记核发《企业法人营业执照》后,取得企业法人资格。凡不能独立承担民事责任的,经过登记核发《营业执照》后,取得合法经营权,但报社、期刊社应对不能独立承担民事责任的经营单位承担责任。
四、《暂行办法》第四条提到的“纯商业经营”,是指流通领域内的商品购销活动,不包括生产、加工、制作、服务、修理、饮食服务等方面的活动。报社期刊社举办的公司、企业,并不是一律不准从事纯商业经营,而是不准从事与本身业务无关的纯商业经营。例如以宣传时装为主要内容的专业性报刊,举办经营服装的商业性企业是允许的,但经营农副产品、电子器材、食品等,就与本身业务无关,是不允许的。
五、报社、期刊社、出版社开展有偿服务和经营活动,应当根据《暂行办法》的规定,办理登记注册。《暂行办法》下发以前,已经办理登记的,符合《暂行办法》规定,不再补办登记注册;不符合《暂行办法》规定的,应补充、完善有关批件和证件。
报社、期刊社、出版社按照《暂行办法》积极主动地开展有偿服务和经营活动,总的情况是好的,方向应该肯定。为了使这项活动能够持久和更加健康顺利地开展下去,报、刊、社必须采取切实有力的措施,加强对所办的经营机构和经营人员的管理。主要抓好两条:
(一)经常教育并监督所办经营机构和经营人员,让他们必须遵纪守法,进行合法经营,不许搞非法经营活动。
(二)经常教育和监督所办经营机构和经营人员,让他们正确处理好与主办单位的关系。报、刊、社开展有偿服务和经营活动,主要目的是扩大自身的社会影响,增强自身的经济实力。所办经营机构利用报、刊、社的优势和社会影响,使用报、刊、社的资金、人力和物力,获取的利润,应执行合同规定,合理分成,任何经营机构都不许中途截流,更不许经营人员中饱私囊。

One thought on “Some Explanations of the Administration of Press and Publications and the State Administration of Industry and Commerce on the “Provisional Rules concerning Newspaper Publishers, Periodical Publishers and Publishing Houses Launching Paid-For Services and Commercial Activities”

    Latest Updates | China Copyright and Media said:
    May 11, 2013 at 10:59 am

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