Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA)
Printing Services
Relevant Mainland Rules and Regulations
Rules and regulations promulgated by the Mainland authorities relating to the implementation of commitments under CEPA :
- According to "Supplementary Provisions II of the Interim Provisions on the Establishment of Printing Enterprises with Foreign Investment" (Decree of the General Administration of Press and Publication and Ministry of Commerce No. 54 - Dec 2012) (in Chinese only), eligible Hong Kong service suppliers can set up equity joint venture enterprises in Qianhai and Hengqin on a pilot basis to engage in the printing of publications and other printed matters. The proportion of Hong Kong service suppliers' shareholding should not exceed 70%. Hong Kong service suppliers can also set up equity joint venture enterprises or contractual joint venture enterprises in other areas of the Mainland to engage in the printing of publications and other printed matters. For the equity joint venture enterprises, the proportion of Hong Kong service suppliers' shareholding should not exceed 49%. For the contractual joint venture enterprises, the Mainland investors should hold dominant position in these enterprises. Starting from 1 June 2020, the proportion of Hong Kong service suppliers' shareholding should not exceed 70% for joint venture enterprises engaging in the printing of publications and other printed matters in the entire Mainland. Besides, Hong Kong service suppliers can set up wholly foreign-funded or Sino-foreign joint venture printing enterprises to engage in operation of activities related to packaging materials.
- According to "Interim Provisions on the Establishment of Printing Enterprises with Foreign Investment" (Decree of the General Administration of Press and Publication and Ministry of Foreign Trade and Economic Cooperation No. 16 - Jan 2002) (in Chinese only) and the "The Decision to Revise Selected Rules and Regulations" (Decree of the General Administration of Press and Publication No. 3 - Aug 2015) (in Chinese only), the requirements to establish a printing enterprise with foreign investment include:
- The Chinese and foreign investors that apply for establishing a printing enterprise with foreign investment shall be legal persons that can assume civil liabilities independently; they shall also have experience in operating and managing printing businesses directly or indirectly.
- Foreign investors shall meet one of the following requirements:
- It can provide internationally advanced ways of printing management and experiences;
- It can provide internationally advanced printing technologies and equipment; or
- It can provide relatively strong financial support.
- The business form of the to-be-established printing enterprise with foreign investment shall be a limited liability company.
- The Chinese party to a Chinese-foreign joint printing enterprise that is engaged in the printing and management of publications or other printed matters shall be the controlling shareholder or occupy a leading position. In particular, the chairman of the board of a Chinese-foreign joint printing enterprise that is engaged in the printing of publications shall be a Chinese citizen, and there shall be more Chinese members than foreign ones in the board of directors.
- The term of business operation shall not be longer than 30 years in general. In the examination and approval of the establishment of printing enterprises with foreign investment, apart from the provisions as mentioned in the preceding paragraphs, one shall be in conformity with the State's plan concerning the total quantity, structure and distribution of printing enterprises as well.
- For other details, please refer to:
- "Regulations on the Administration of Printing Industry" (Mar 2017) (in Chinese only)
- "Decision of the State Council on the Amendment and Abolishment of Certain Administrative Regulations" (Decree of the State Council of the People's Republic of China No. 732 - Nov 2020) (in Chinese only)
- "Interim Provisions on the Establishment of Printing Enterprises with Foreign Investment" (Decree of the General Administration of Press and Publication and Ministry of Foreign Trade and Economic Cooperation No. 16 - Jan 2002) (in Chinese only)
- "Supplementary Provisions of the Interim Provisions on the Establishment of Printing Enterprises with Foreign Investment" (Decree of the General Administration of Press and Publication and Ministry of Commerce No. 38 - Nov 2008) (in Chinese only)
- "Supplementary Provisions II of the Interim Provisions on the Establishment of Printing Enterprises with Foreign Investment" (Decree of the General Administration of Press and Publication and Ministry of Commerce No. 54 - Dec 2012) (in Chinese only)
- "Circular on Relegating the Examining and Approving of Foreign-funded Printing Enterprises to Provincial Department of Commercial Administration" (Circular of the Ministry of Commerce No. 91 - Jan 2006)
- "Interim Provisions on the Qualification of Operators for Printing Enterprises" (Decree of the General Administration of Press and Publication No. 15 - Nov 2001) (in Chinese only)
- "The Decision to Revise Selected Rules and Regulations" (Decree of the General Administration of Press and Publication No. 3 - Aug 2015) (in Chinese only)
- "Administrative Provisions on the Operation of Printing Enterprises" (Decree of the General Administration of Press and Publication No. 19 - Jul 2003) (in Chinese only)
- "Measures for the Administration of the Importation of Publications" (Decree of the State Administration of Press, Publication, Radio, Film and Television of the People's Republic of China and the General Administration of Press and Publication and the General Administration of Customs of the People's Republic of China No. 12 - Jan 2017) (in Chinese only)
- Decision of the State Administration of Press, Publication, Radio, Film and Television on the Regulations and Regulatory Documents to be Abolished, Amended and Invalidated (Decree of the State Administration of Press, Publication, Radio, Film and Television of the People's Republic of China No. 13 - Dec 2017) (in Chinese only)
- "Notice of the State Council on the Temporary Adjustment and Implementation of the Administrative Regulations in the Pilot Free Trade Zone" (Guo Han [2020] No. 8 - Jan 2020) (in Chinese only)
Enquiries concerning the application procedures and requirements for the establishment of foreign-invested printing enterprises can be directed to :
- National Copyright Administration of the People's Republic of China
( Website : http://www.ncac.gov.cn/ )