Full Text of Digital Printing Management Measures Issued

[Summary]

The full text of the Measures for the Administration of Digital Printing, which has long been awaited, was released recently. It is of great significance for regulating the digital printing market, and can indeed be described as a timely policy "rain".

Measures for the Administration of Digital Printing

Article 1 These Measures are formulated in accordance with the Regulations on the Administration of Publishing, the Regulations on the Administration of the Printing Industry and relevant laws and regulations, with a view to regulating digital printing business activities and promoting the sound development of digital printing.

Article 2 These Measures apply to business activities involving the printing of publications, packaging and decorative printed materials and other printed materials by means of production-type digital printing machines (hereinafter referred to as digital printing business activities).

For the purposes of these Measures, production-type digital printing machines refer to digital printing equipment that features relatively high printing speed, stable printing quality and the capability of industrialized continuous and batch production.

Production-type digital printing machines shall be equipped with digital workflows; high-speed digital multifunction peripherals do not fall within the category of production-type digital printing machines.

Article 3 The General Administration of Press and Publication is responsible for the supervision and administration of digital printing nationwide, while local press and publication administrative departments at or above the county level are responsible for the supervision and administration of digital printing within their respective administrative areas.

Local press and publication administrative departments at or above the county level shall strengthen guidance and supervision over enterprises engaged in digital printing business activities (hereinafter referred to as digital printing enterprises) within their respective administrative areas, and strengthen training for digital printing operators in relevant laws and regulations.

Article 4 The State supports and encourages digital printing enterprises to adopt new technologies, explore new models and provide new services.

Digital printing enterprises shall establish quality assurance systems, and the quality of printed products shall conform to national and industry standards.

Chapter II Establishment of Enterprises

Article 5 The State applies a licensing system to digital printing business activities; without a license, no unit or individual may engage in digital printing business activities.

Article 6 To establish a digital printing enterprise, the following conditions shall be met:

(1) having a corporate name and articles of association;

(2) having a defined business scope;

(3) having a fixed production and business site commensurate with the needs of the business scope, with a floor area of not less than 50 square meters;

(4) having funds sufficient to maintain normal production and operation, with registered capital of not less than RMB 1 million;

(5) having more than one production-type digital printing machine;

(6) having an organizational structure and personnel commensurate with the needs of the business scope;

(7) other conditions stipulated by relevant laws and administrative regulations.

In addition to the provisions of the preceding paragraph, the approval of the establishment of a digital printing enterprise shall also conform to the State's plans concerning the total number, structure and distribution of printing enterprises.

Article 7 To establish a digital printing enterprise, an application shall be submitted to the provincial press and publication administrative department in the place where the enterprise is located, together with the following application documents:

(1) an application letter, stating the name and address of the applicant unit, the name and address of the legal representative or principal person in charge, the source and amount of funds, the capital structure and the main matters applied for;

(2) the notice of pre-approval of the enterprise name and the articles of association;

(3) a capital credit certificate issued by a statutory capital verification institution;

(4) a feasibility study report;

(5) certification of the business site and the necessary production conditions;

(6) identity certification and résumé certification of the legal representative or principal person in charge.

Article 8 The provincial press and publication administrative department shall, within 20 days from the date of accepting the application, make a decision to approve or not to approve the application and notify the applicant. Where the application for establishment is approved, the provincial press and publication administrative department shall issue a Printing Business License, with the business scope column stating "engaging in the printing of publications, packaging and decorative printed materials and other printed materials by digital printing"; where the application is not approved, the reasons shall be stated.

The provincial press and publication administrative department shall, within 20 days from the date of issuing the Printing Business License, submit the approval document and copies of the Printing Business License (original and duplicate) to the General Administration of Press and Publication for the record.

Article 9 Digital printing business activities may take the form of chain operations.

Digital printing chain enterprises shall carry out digital printing business activities under the unified management of the chain operation headquarters (hereinafter referred to as the chain headquarters) and implement standardized management.

In addition to meeting the provisions of Article 6 of these Measures, digital printing chain enterprises shall also meet the management requirements of chain operation modes such as directly operated chains and franchised chains. An enterprise engaged in digital printing chain business activities shall consist of more than 5 chain stores, and the registered capital of the chain headquarters shall be not less than RMB 5 million.

Article 10 To establish a digital printing chain operation enterprise, the chain headquarters shall submit to the provincial press and publication administrative department where it is located the application materials specified in Article 7 of these Measures, as well as the list of business premises of the chain headquarters and its chain outlets, and its operation plan. After the chain headquarters obtains the license, each chain outlet shall, with the duplicate of the chain headquarters' Printing Business License and the headquarters' application materials, file for the record with the provincial press and publication administrative department where it is located and obtain the Printing Business License (original and duplicate), with the business scope column stating "engaging in the printing of publications, packaging and decorative printed matter and other printed matter by way of digital printing chain operation".

Article 11 Where a foreign-invested digital printing enterprise is established, in addition to complying with the provisions of these Measures, the investment proportions and rights and interests of the Chinese and foreign parties shall also comply with the relevant provisions of the Interim Provisions on the Establishment of Foreign-Invested Printing Enterprises and its supplementary provisions.

Article 12 Where an existing enterprise engaged in the printing business of publications, packaging and decorative printed matter or other printed matter carries out digital printing business activities within its originally approved business scope, it shall be exempt from going through the digital printing approval formalities.

Where an existing enterprise engaged in the printing business of publications, packaging and decorative printed matter or other printed matter carries out digital printing business activities beyond its originally approved business scope, it shall, in accordance with the provisions of Articles 6 to 8 of these Measures, go through the digital printing approval formalities with the provincial press and publication administrative department where it is located.

Chapter III Management of Business Activities

Article 13 A digital printing enterprise must strictly abide by the relevant national laws and regulations and accept the day-to-day supervision and administration of the local press and publication administrative department.

The legal representative or principal person in charge of a digital printing enterprise shall regularly receive professional training organized by the press and publication administrative department and obtain the Printing Regulations Training Qualification Certificate issued by the provincial press and publication administrative department.

Article 14 A digital printing enterprise shall establish and improve systems for print commissioning, print verification, print registration, storage of printed matter, delivery of printed matter, and destruction of defective products from printing activities.

Article 15 A digital printing enterprise shall hang its Printing Business License in a conspicuous position at its business premises.

Those engaging in printing business activities via the Internet shall publicize their Printing Business License in a prominent position on the homepage of their website.

Article 16 Where a digital printing enterprise accepts a commission to print publications, it shall, in accordance with the relevant provisions of the Regulations on the Administration of the Printing Industry, verify the printing commission letter and other statutory documents.

Article 17 Where a digital printing enterprise accepts a commission to print packaging and decorative printed matter and other printed matter, it shall go through the relevant formalities in accordance with the Regulations on the Administration of the Printing Industry.

Article 18 Where a digital printing chain operation enterprise has established a standardized and unified business management system and accepts commissions to print publications under the unified organization of the chain headquarters, the chain headquarters or chain outlet that accepts the commission shall verify and keep on file the relevant printing commission letter and a sample of the commissioned publication for inspection, and other chain outlets shall be exempt from going through the relevant formalities.

Chapter IV Legal Liability

Article 19 Where anyone, without approval, engages in digital printing business activities without authorization, the public security department and the administration for industry and commerce shall, in accordance with their statutory functions and powers, ban it.

Article 20 Where a digital printing enterprise violates the relevant provisions, it shall be given administrative penalties according to law in accordance with the Regulations on the Administration of the Printing Industry; if the circumstances are serious, the original issuing authority shall revoke its license; if a crime is constituted, criminal liability shall be pursued according to law.

Article 21 The chain headquarters of a digital printing chain operation enterprise shall strengthen the management of the day-to-day business activities of its chain outlets.

Where a chain outlet is subject to an administrative penalty of a fine or above (including a fine) imposed by the press and publication administrative department, the unit imposing the administrative penalty shall file the penalty result with the provincial press and publication administrative department where the chain headquarters is located. Where a chain outlet has cumulatively been subject to two or more administrative penalties of a fine or above (including a fine) within one year, the chain headquarters shall revoke that chain outlet or terminate its chain operation relationship with it, and, in accordance with the relevant provisions of the Regulations on the Administration of the Printing Industry on "serious circumstances" of illegal acts, the original issuing authority shall revoke that chain outlet's Printing Business License.

Where more than one third of the chain outlets are subject to an administrative penalty of a fine or above (including a fine) within one year, the provincial press and publication administrative department shall order the chain headquarters to rectify; if the rectification is not passed, in accordance with the relevant provisions of the Regulations on the Administration of the Printing Industry on "serious circumstances" of illegal acts, the original issuing authority shall revoke the Printing Business Licenses of the chain headquarters and all of its chain outlets.

Article 22 Enterprises that were already engaged in digital printing business activities before these Measures took effect shall, within 180 days from the date these Measures took effect, complete the relevant formalities with the provincial administrative department for press and publication in accordance with these Measures.

Article 23 These Measures shall take effect as of February 1, 2011.

— This article is reposted from China Packaging Network (pack.cn). Original link: http://news.pack.cn/show-362135.html