Regulations of Shanghai Municipality on the Administration of the Distribution of Publications

(Adopted at the 44th Session of the Standing Committee of the 11th Shanghai Municipal People's Congress on October 28, 2002; amended for the first time in accordance with the Decision of the Standing Committee of Shanghai Municipal People's Congress on Revising the Regulations of Shanghai Municipality on the Administration of the Distribution of Publications adopted at the 40th Session of the Standing Committee of the 12th Shanghai Municipal People's Congress on November 28, 2007; amended for the second time in accordance with the Decision on Amending Some Local Rules of This Municipality adopted at the 21st Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on September 17th, 2010; amended for the third time in accordance with the Decision on Amending the Regulations of Shanghai Municipality on the Administration of the Distribution of Publications and Other Two Local Rules adopted at the 34th Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on August 25th, 2021; amended for the fourth time in accordance with the Decision on Amending Four Local Regulations including the Regulations of Shanghai Municipality on Physical Fitness of Citizens and Repealing the Regulations of Shanghai Municipality on the Administration of Production and Marketing of Alcohol Products, adopted at the 25th Session of the Standing Committee of the 16th Shanghai Municipal People's Congress on November 26, 2025)

Contents

Chapter I  General Provisions

Chapter II  Licensing of Conducting Publication Distribution

Chapter III  Administration of Publication Distribution

Chapter IV  Legal Liability

Chapter V   Supplementary Provisions

Chapter I   General Provisions

Article 1

With a view to strengthening the administration of the distribution of publications, developing and prospering cultural undertakings, and promoting the socialist ideological and ethical construction, these Regulations are formulated in accordance with the Regulations on the Administration of Publications by the State Council and in the light of the actual circumstances of this Municipality.

Article 2

The term "publications" as mentioned in these Regulations refers to books, newspapers, periodicals, audio and video recordings, electronic publications, etc.

The term "distribution" as mentioned in these Regulations includes wholesale, retail, rental, exhibition and sales and other activities.

Article 3

These Regulations shall apply to the distribution and distribution-related subscription-soliciting, giving-as-compliment, sending-out, and exhibition of publications and the administration thereof in this Municipality's administrative area.

Where there are provisions otherwise provided by administrative rules on audio and video recordings, such provisions shall prevail.

Where there are provisions provided by the postal law on postal enterprises' distribution of newspapers and periodicals, such provisions shall prevail.

Article 4

Shanghai municipal competent department of press and publication (hereinafter referred to as MPPA) shall be in charge of the supervisory and administrative work of this Municipality's distribution of publications, and shall be responsible for organizing the implementation of these Regulations.

The district administrative departments in charge of the administration of publication shall be responsible for the supervisory and administrative work of publication distribution in their respective administrative areas and shall be subject to the professional guidance by the MPPA.

The administrative departments of market regulation, public security, price control, education, postal service and customs shall, according to their respective functions and duties, do well in supervision and administration work related to publication distribution.

Article 5

The MPPA shall, according to the actual needs of development of this Municipality and the cultural demands of citizens, work out the development program for publication distribution and, upon approval by the Municipal People's Government, announce the program to the public.

The establishment of distribution units of publications and trading markets of publications shall conform to the requirements for total amount, structure and layout as prescribed by this Municipality's development program for publication distribution.

Chapter II Licensing of Conducting Publication Distribution

Article 6

This Municipality implements a licensing system for the wholesale and retail of publications. Those who are engaged in publication wholesale and retail business shall obtain the License of Publication Business (hereinafter referred to as the License).

No unit or individual may engage in the wholesale and retail business of publications without permission.

Article 7

Units engaged in the wholesale business of publications shall meet the following conditions:

1. The registration of market entities has been completed;

2. The registered business scope of market entities includes publication business;

3. Having a fixed business place that meets the requirements of laws and regulations, and the total area of the premises is not less than 50 square meters; And

4. Having sound management rules and an information management system meets industrial standards.

Article 8

Units and individuals engaged in the retail business of publications shall meet the following conditions:

1.  The registration of market entities has been completed;

2. The registered business scope of market entities includes the retail business of publications; And

3. Having a fixed place of business that meets the requirements of laws and rules.

Article 9

The unit applying for conducting wholesale business of publications shall lodge an application to the MPPA.

The unit and individual person applying for conducting retail business of publications shall lodge an application to the district administrative department in charge of publication.

Article 10

The MPPA or the district department in charge of publication administration shall, within 20 days from the date of accepting the application materials for conducting the wholesale and retail business of publications, make a decision of approval or denial of the application. A License shall be issued to the approved; and written reasons shall be given to the denied.

Article 11

If the units or individual persons that distribute publications alter the business scope and business form of publication distribution, they shall go through anew permission formalities according to the provisions of Article 9 of these Regulations. If altering other matters, they shall go through alteration formalities with the original approving authority, the MPPA or the district administrative department in charge of publication.

When the units and individual persons that distribute publications terminate the distributing activities, they shall file a record with the original approving authority, the MPPA or the district administrative department in charge of publication, and surrender the License, and the aforesaid original approving department shall cancel the License of Publication Distribution.

If the units and individuals that distribute publications have the cases set forth in the preceding two Paragraphs, they shall go through appropriate formalities with the market regulation department.

Article 12

Units and individuals engaged in the publication rental business shall, in accordance with the relevant provisions of the State, go through filing procedures with the district department in charge of publication.

The district department in charge of publication shall issue a filing receipt to the units and individuals applying for filing within 10 working days.

Chapter III  Administration of Publication Distribution

Article 13

The publication distribution units and individuals shall do business in the checked and ratified business sites, and place the License and business license on the conspicuous position of the checked and ratified operation site.

The License and business license shall not be altered, transferred, leased out or lent.

Article 14

If publication distribution units and individuals launch publication distribution business through the Internet within the permitted business scope, they shall, within 15 days after carrying out online distribution business, report to the original approved MPPA or district department in charge of publication for the filing.

The MPPA or the district department in charge of publication shall issue a filing receipt to the units and individuals applying for filing within 10 working days.

If the units and individual persons that distribute publications launch publication distribution business through Internet, they shall have the number of License of Publication Business, the permit-issuing department, the number of report for the record, the name of publication in operation, the publishing unit and the standard book number, periodical number, as well as edition number, and the name of import unit for the imported publications, if any, marked on the conspicuous place of website or web page.

Article 15

The publication trading market shall set up the market administration organization, which shall control over trading activities in the market according to relevant provisions set by the State and this Municipality.

Article 16

Imported publications for distribution shall be purchased from legally established publications import business units.

Article 17

Publication wholesale units shall not wholesale publications to any unit or individual person that does not have the License.

The publication distribution units and individuals shall not purchase publications from any unit or individual person that does not have the License.

Publication trading markets shall not provide business sites of publication distribution for any unit or individual person that does not have the License.

Article 18

Those intending to hold national or local publication exhibitions and sales activities shall file for the record with the higher-level department in charge of publication in accordance with relevant provisions of the State.

Article 19

Those engaging in the distribution of textbooks for middle schools and primary schools shall obtain the approval of the national department in charge of publication and acquire the qualification for distribution of textbooks for middle schools and primary schools. Any other units or individual persons shall not conduct the distribution business of middle and primary school textbooks.

The distribution units of middle and primary school textbooks shall not sell tie-in or importunately middle and primary school teaching auxiliary materials.

Article 20

No unit or individual person shall distribute, solicit subscriptions for, give as compliment, send out or exhibit publications or publication publicity materials with contents banned by laws, administrative regulations or other State-set provisions.

No unit or individual person shall, in the course of distribution of publications, give as compliment, send out or exhibit publications or publication publicity materials with contents banned by laws, administrative regulations or other State-set provisions.

No publications or publication publicity materials imported illegally, infringing upon other persons' copy rights, and having been banned from distribution by laws and regulations in other cases shall be distributed, rent, subscription-solicited, given as compliment, sent out or exhibited.

The MPPA or its affiliated publication appraisal agency shall be responsible for the appraisal of publications whose contents or circumstances are prohibited by this Article.

Article 21

The MPPA or the district administrative department in charge of publication, when, based on the obtained evidence of suspected offence or on tip-offs, making investigation over acts suspected of conducting illegal publication distribution, may examine the articles and business sites suspected to related to illegal activities, and may seal up or seize articles proven by evidence to be related to illegal activities. Administrative law enforcers shall produce law-enforcement certification when performing official duties.

In respect to publications whose distribution is banned by notification of the MPPA or the district administrative department in charge of publication, the unit or individual person engaged in the distribution business of the publications shall promptly hand them in or wait for handling, with no concealment, sell off, shift or destruction of such publications being allowed.

Chapter IV   Legal Liability

Article 22

Where the Regulations on Administration of the Publication have provided penalties on acts that violate the provisions of these Regulations, such acts shall be punished in accordance with the Regulations on Administration of the Publication.

The following acts in violation of the provisions of these Regulations shall be punished by the MPPA or the district administrative department in charge of publication according to the seriousness of the cases:

1. Those who, in violation of the provisions of Paragraph 1 of Article 13 of these Regulations, do business in a place other than the checked and ratified business site shall be ordered to correct, and shall be fined not more than RMB 30,000 yuan.

2. Those who, in violation of the provisions of Paragraph 2 of Article 13 of these Regulations, alter, transfer, lease or lend the License shall be ordered to correct within a prescribed time limit, their illegal gains shall be confiscated and they shall be fined not more than RMB 30,000 yuan. If the case is serious, the wrongdoer shall be cumulatively ordered to stop business for rectification, or have the License revoked.

3. Those who, in violation of the provisions of Paragraph 1 of Article 14 of these Regulations, carry out publication distribution business through the Internet and fail to file the records as required shall be ordered to correct within a prescribed time limit; those who fail to make corrections within the time limit shall be confiscated of their illegal gains and fined not more than RMB 30,000 yuan.

4. Any unit or individual person engaged in publication distribution business, or publication trading markets that, in violation of the provisions of Article 17 of these Regulations, wholesale, or purchase publications from or provide publication distribution premises for units or individual persons who do not have the License, shall have the publications and illegal gains confiscated and shall be fined not more than RMB 30,000 yuan. If the circumstances are serious, the wrongdoer shall be cumulatively ordered to suspend business for rectification, or have the License revoked.

5. Those who, in violation of the provisions of Paragraph 2 of Article 19 of these Regulations, sell tie-in or importunately middle and primary school teaching auxiliary materials, shall be ordered to stop their illegal acts, have their illegal gains confiscated, and be fined not more than RMB 30,000 yuan.

6. Those who, in violation of the provisions of Article 20 of these Regulations, exhibit the publications with the prohibited contents or circumstances, shall have the publications and illegal gains confiscated and be penalized with a fine of between not less than five times but not more than ten times the illegal gains if the illegal gains are more than RMB 10,000 yuan, or be fined not more than RMB 50,000 yuan if the illegal gains are less than RMB 10,000 yuan. If the circumstances are serious, the wrongdoer shall be cumulatively ordered to suspend business for rectification or have the License revoked. Anyone who solicit subscriptions for, give as a compliment, send out or exhibit the publication publicity materials or other publicity materials containing prohibited contents or circumstances shall be ordered to stop the illegal act, given a warning and fined not more than RMB 30,000 yuan.

Article 23

Where a person, in violation of the provisions of these Regulation, purchases publications from units or individual persons that do not have the License, or solicits subscriptions for, gives as a compliment, sends out or exhibits publications, publication publicity materials or other publicity materials with contents or cases set forth in Article 20 of these Regulations, and that person gives or identifies the source which proves to be true upon verification, the administrative punishment set forth in these Regulations other than the confiscation of publications and illegal gains may be mitigated or exempted.

Article 24

Those who resist or impede the functionaries of administrative departments in performing their duties according to law, to an extent not serious enough for criminal punishment shall be dealt with by the public security department according to the Law of the People's Republic of China on Public Security Administration Punishments. If the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability.

Article 25

The party concerned who is dissatisfied with the administrative act made by the MPPA or the district administrative department in charge of publication may, according to the Law of the People's Republic of China on Administrative Reconsideration or the Administrative Litigation Law of the People's Republic of China, apply for administrative reconsideration or lodge an administrative lawsuit.

The party concerned who does not apply for reconsideration of an administrative act before the deadline, nor lodges a lawsuit, nor performs the administrative act, the MPPA or the district administrative department in charge of publication that does the administrative act may apply to the people's court for enforcement.

Article 26

The persons-in-charge taking direct responsibility of the MPPA or the district administrative department in charge of publication, or other directly responsible persons who neglect their duties, abuse their powers, or engage in malpractice for selfish ends shall be given administrative sanctions according to law. If the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability according to laws.

Chapter V  Supplementary Provisions

Article 27

The definitions of terms relevant to these Regulations are as follows:

Newspapers mean the serial publications with permanent names, printing time, format and with one issue a week at least.

Periodicals mean the serial publications with permanent names and columns, and serial number of volumes, issues or in order of year, season, month, ten-day or week, and bound into book form.

Books mean publications of all kinds of books, pictorials, wall calendars, pictures, New Year pictures, and year calendars.

Electronic publications mean mass media in which information such as pictures, wordings, sounds and images are stored in the form of digital code into magnet, optical or electric medium after editing and processing and read or used through computers or devices with similar functions so as to be utilized for expressing thought, disseminating knowledge and accumulating culture, and to be copied for distribution.

Article 28

These Regulations shall be effective as of January 1, 2003. The Regulations of Shanghai Municipality on the Administration of Markets of Books, Newspapers and Periodicals shall be repealed at the same time.