State Press and Publication Administration and Ministry of Foreign Trade and Economic Cooperation, Establishment of Foreign-funded Printing Enterprises Tentative Provisions

Promulgated: January 29 2002
Effective: as of date of promulgation
Interpreting authority: State Press and Publication Administration and Ministry of Foreign Trade and Economic Cooperation
Applicability: The Provisions apply to the establishment of foreign-funded printing enterprises in the PRC (Article 2).

Main contents: The Provisions state that Sino-foreign equity or cooperative joint ventures are permitted in the businesses of printing publications, trade dress printing and other printed matters and that wholly foreign-owned enterprises are permitted in the business of trade dress printing (Article 3). In a joint venture enterprise engaged in printing publications or other printed matters, the Chinese party must have a controlling interest or hold a dominant position. In the case of a joint venture engaged in printing publications, the board of directors shall be chaired and majority controlled by the Chinese party. In any foreign-funded printing enterprise, both the foreign party and the Chinese party shall have direct or indirect experience in the management of printing business (Article 6). Applications for establishment of foreign-funded printing enterprises shall be submitted to the relevant provincial level press and publication administrative departments for preliminary examination and to the State Press and Publication Administration (SPPA) for final examination and approval (Articles 7 and 8). After obtaining SPPA approval, applicants shall apply to the relevant foreign trade and economic cooperation administrative departments for approval. If the proposed joint venture intends to engage in the printing of publications or other printed matters or if the proposed wholly foreign-owned enterprise will have a total investment exceeding US$30 million and intends to engage in trade dress printing, the application shall be made to relevant foreign trade and economic cooperation administrative departments and the Ministry of Foreign Trade and Economic Cooperation (Article 9).
Related legislation: PRC, Sino-foreign Equity Joint Venture Law (2nd Revision), Mar 15 2001, CLP 2001 No.3 p5; PRC, Sino-foreign Cooperative Joint Venture Law (Revised), Oct 31 2000, CLP 2000 No.10 p4; PRC, Wholly Foreign-owned Enterprise Law (Revised), Oct 31 2000, CLP 2000 No.10 p4 and Administration of Printing Industry Regulations, Mar 8 1997, CLP 1997 No.5 p13