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Measures for the Administration of Foreign-Invested Books, Newspapers and Magazines Distribution Enterprises
  • Update:2007-04-28 10:02
Article 1 In order to expand foreign exchange and cooperation and strengthen the administration over foreign-invested books, newspapers and magazines distribution enterprises, the Measures are hereby formulated according to the Law of Sino-Foreign Equity Joint Ventures of the PRC, the Law of Sino-Foreign Cooperative Joint Ventures of the PRC, the Law of Solely Foreign-funded Enterprises of the PRC, the Regulation on Administration of Publication of the PRC and the relevant laws and regulations. Article 2 The Measures are applicable to the foreign-invested books, newspapers and magazines distribution enterprises established in the territory of the PRC. The books, newspapers and magazines herein refer to those published by the publishing units approved by the publication administrative department of the State Council. The distribution business herein refers to wholesale and retail of the books, newspapers and magazines. The foreign-invested books, newspapers and magazines distribution enterprises herein refer to the books, newspapers and magazines distribution enterprises in the nature of Sino-foreign equity joint ventures or cooperative joint ventures jointly established in the principle of equality and mutual benefits with approval by the relevant department of the Chinese government according to law by foreign enterprises, other economic organization or individuals (hereinafter referred to as foreign investors) with Chinese enterprises or other economic organizations (hereinafter referred to as Chinese investors) and those solely established by foreign investors in the territory of the PRC. Share-participation or M&A of foreign investors in domestic-invested books, newspapers and magazines distribution enterprises is one of the modes for the establishment of foreign-invested books, newspapers and magazines distribution enterprises. In case of share-participation or M&A of foreign investors in domestic-invested books, newspapers and magazines distribution enterprises, the enterprises shall go through the formalities for conversion into foreign-invested enterprises according to the Measures. Article 3 The foreign-invested books, newspapers and magazines distribution enterprises to be established with application are limited liability companies or joint-stock companies. Article 4 In case of undertaking of the distribution business of books, newspapers and magazines, the foreign-invested books, newspapers and magazines distribution enterprises shall abide by the Chinese laws and regulations. The normal operation and business of foreign-invested books, newspapers and magazines distribution enterprises, as well as the legitimate rights and interests of the parties thereto are protected by the Chinese law. Article 5 In selecting the sites for operation and business, the foreign-invested books, newspapers and magazines distribution enterprises shall be in compliance with the requirements for urban planning. Article 6 The administrative department of the press and publication of the State Council and the administrative department of foreign trade and economic cooperation under the State Council shall be in charge of the administration over the examination, approval and supervision of foreign-invested books, newspapers and magazines distribution enterprises. The administrative department of the press and publication and the administrative department of foreign trade and economic cooperation at and above county level shall in compliance with their function division be responsible for the supervision administration over the foreign-invested books, newspapers and magazines distribution enterprises in their corresponding administrative areas. Article 7 For establishing foreign-invested books, newspapers and magazines wholesale enterprises, the following conditions should be met: (1) Chinese and foreign investors shall be independently capable of civil liabilities in the capacity for undertaking of the distribution business of books