VII.Publication Distribution Business
The wholesale of audio and video products (same as electronic publications) means suppliers’ sale of publications to other publication dealers; retail means dealers’ direct sale of publications to consumers.The state applies a licensing system to the wholesale and retail of publications according to the law.An entity or individual that conducts wholesale or retail activities shall conduct publication wholesale or retail activities based on the Publications Dealing Permit.
Those conducting publication for the wholesale of audio and video products shall be approved by the press and publication administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government.The examination and approval department shall, within 30 days of accepting the application, make a decision to approve or disapprove the application,and notify the applicant.If the application is approved, a Publications Dealing Permit shall be issued to the applicant.
The specific materials that shall be provided for applying for the above-mentioned examination and approval vary slightly depending on the competent authority.Taking the Shanghai Press and Publication Bureau as an example, the documents that need to be submitted to it include: (1) Registration Form of Application; (2) business license; (3) articles of incorporation; (4) documents of appointment of legal representatives and proof of identity; (5) certificate of investor identity or business license; (6) certificate of business site and information management system; (7) certificate of approval or record of foreign-invested enterprise (if required).
Those engaging in the audio and video products retail business shall be subject to the approval of the competent press and publication administrative department of the local people’s government at the county level.The competent press and publication administrative department shall, within 30 days of accepting the application, make a decision to approve or disapprove the application, and notify the applicant.If the application is approved, a Publications Dealing Permit shall be issued to the applicant.(https://www.daowen.com)
Those conducting publication distribution through an information network, which is relatively common at present, shall also obtain the above-mentioned Publications Dealing Permit.Where (an entity or individual) has obtained the Publications Dealing Permit, and plans to conduct publication distribution through the Internet or any other information network within the approved business scope, it shall undergo archival filing formalities at the press and publication administrative department that granted approval within 15 days after conducting network distribution.Archival Filing materials shall cover the following: (1) photocopies of the original and duplicate of the Publications Dealing Permit and business license; (2) basic information on the entity or individual; (3) the information on the information network on which publication network distribution relies.The relevant press and publication administrative department shall issue the archival filing receipt to the entity or individual that applies for archival filing within ten working days.
The state permits publication distribution by foreign-funded enterprises.The applicant that applies for the formation of a foreign-funded publication distribution enterprise or a foreign-funded enterprise that applies for conducting publication distribution shall submit the contract and articles of association on the to-be-formed foreign-funded publication distribution enterprise to the local commerce department, and undergo foreign investment approval formalities.The local commerce department shall, after obtaining the approval of the press and publication administrative department, make a decision.If it grants approval, it shall issue the approval certificate for the foreign-funded enterprise, and indicate “business operation based on the industry business permit” after the business scope.The applicant shall, based on the approval certificate of the foreign-funded enterprise, undergo formalities for the business license at the local administrative department for market regulation or indicate the relevant content after the enterprise’s business scope on the business license, and according to the Provisions on the Administration of the Publication Market, undergo approval or archival-filing formalities at the local press and publication administrative department.According to the Regulation for Implementing the Foreign Investment Law of the People’s Republic of China issued by the State Council on December 26, 2019 and effective on January 1, 2020, the examination and approval and archive-filing of the establishment of foreign-funded enterprises has been cancelled, and simplified into “one-stop” examination and registration by the administration department of market regulation, which provides great convenience for foreign investors to enter the Chinese market.Supported by China’s continued positive policy, foreign investors may seize the opportunity to set foot in China and explore the cooperation with Chinese enterprises in entertainment industry, and to take the best advantage of China’s remarkable entertainment market.
