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Home Living in China Chinese Law INTERIM PROVISIONS FOR STRENGTHENING THE ADMINISTRATION OF PUBLI-CATION IN CO-OPERATION WITH FOREIGN
INTERIM PROVISIONS FOR STRENGTHENING THE ADMINISTRATION OF PUBLI-CATION IN CO-OPERATION WITH FOREIGN
Chinese Law
加强对外合作出版管理的暂行规定
INTERIM PROVISIONS FOR STRENGTHENING THE ADMINISTRATION OF PUBLI-CATION IN CO-OPERATION WITH FOREIGN COUNTRIES

为了加强对外合作出版工作的领导和管理,特制订本规定。
These Provisions are formulated for the purpose of strengthening the leadership over, and administration of, the work of publication in co- operation with foreign countries.

一、对外合作出版,必须符合我国的外交政策和对外方针,有利于加强对外宣传和文化交流;不得有损于我主权和国家利益;并严格遵守国家有关保密的规定。
1. Publication in co-operation with foreign countries shall conform to China’s foreign policy and principle and facilitate the strengthening of China’s publicity in and cultural exchanges with, foreign countries, shall do no harm to China’s sovereignty and national interests and shall be strictly governed by the State provisions concerning the maintenance of secrets.

二、对外合作出版,应注意了解国际图书市场的情况,维护我国作者和出版者的权益,在平等互利的基础上,在经济上有所收益。
2. In co-operation with foreign countries in publication, it is imperative to study the situation of the international book market, safeguard the rights and interests of China’s authors and publishers and, on the basis of equality and mutual benefits, achieve reasonable economic returns.

三、确定对外合作项目,要根据自己的条件与特点,符合本社的出书方针和出书范围。
3. A publishing house shall determine its projects of co-operation with foreign countries in the light of its own conditions and characteristics and in conformity with its own publishing principle and scope of publication.

四、对外合作出版项目,应经双方充分协商确定。
4. Projects of publication in co-operation with foreign countries shall be determined through full consultation between the two parties thereto.

合作书刊的编辑方针、书稿内容以及最后定稿,均须经我方同意。
The editing principle, the contents of the manuscript and the finalized version thereof with respect to a book or journal to be jointly published shall all be subject to the consent of the Chinese party.

凡经我方审定的书稿,未经我方同意,对方不得擅自增删或作其他改动。
Without the consent of the Chinese party, no part of the contents of a manuscript that has been examined and finalized by the Chinese party may be supplemented, deleted or otherwise altered by the other party.

合作出版介绍我国情况的摄影画册或其他书刊中选用的照片,一般应由我方提供,不宜采取由对方派人拍摄或双方合拍的方式。
Pictures selected for use in picture-albums or other books or journals to be jointly published for the purpose of giving information about China shall in general be provided by the Chinese party and it is unadvisable to have them taken by the other party or jointly taken by both parties.

五、合作出版供我国读者使用的外国编辑的书稿,应是我国所急需的,必要时应根据我国的情况对其内容进行增删或改编,在经济上尽量做到不用外汇支付对方应得的收益。
5. Manuscripts edited by a foreign country to be jointly published for use by Chinese readers shall be those of which China is in urgent need and shall, when necessary, be duly supplemented, deleted or re-edited in accordance with the actual situation in China. Financially, every possible means shall be tried to avoid making payment in foreign exchange for the economic returns that the other party shall be entitled to.

六、对外合作出版,只能由国家正式批准的出版社进行。
6. Publication in co-operation with foreign countries shall only be undertaken by the publishing houses that have been officially authorized by the State.

任何非出版单位和个人,均不得同国外进行合作出版。
No non-publishing units or individuals may undertake publication in co-operation with foreign countries.

未经原出版社同意,任何出版社不得同国外合作出版其他出版社出版的书刊。
Without the permission of the original publishing houses, no publishing houses may co-operate with foreign parties in publishing books or journals published by other publishing houses.

出版社拟同国外合作出版的书稿,应事先征得原作者或原编辑单位的同意。
A publishing house that intends to co-operate with a foreign party in publishing a manuscript shall solicit in advance the permission of the author or the original editing unit.

七、出版社可以直接对外洽谈合作出版业务,也可以委托国家 批准的经营对外合作出版业务的专业公司或国外可靠的代理商进行。
7. A publishing house may negotiate co-operative publication business directly with a foreign party or may entrust a specialized company that has been authorized by the State to handle co-operative publication business with foreign countries or entrust a reliable foreign agency with the negotiation.

八、同我进行合作出版的单位,应是对我友好并有可靠的信誉和资金,不要同情况不明的外商签订合同。
8. Foreign units that are to co-operate with China in publication business shall be those which are friendly to China and have reliable credit and financial resources. It is imperative not to sign contracts with foreign businessmen whose standing is not clear.

九、为了明确双方的权利和义务,每个合作项目都应签订有一定时限的合同。
9. In order to specify the rights and obligations of both parties, a contract prescribing a time limit shall be signed.

对于版权所有,一方转让或准许另一方使用的出版发行权和其他权利,支付报酬的数量、方式和时间,均应在合同中逐项加以规定。
As to the ownership of the copyright, the transfer by one party to the other the right of publication and distribution and other rights or the permission by one party to the other of the use of these rights, as well as the amount of remuneration, the mode and time of payment thereof shall be stipulated item by item in the contract.

凡我方提供的书稿或图片,未经我方同意,对方不得转让版权,不得扩大使用权,不得扩大发行区域。
With respect to manuscripts and pictures that are provided by the Chinese party, without the consent of the Chinese party, the other party may not transfer the copyright, or extend the use thereof, or extend the areas where they shall be distributed.

十、确定对外合作出版项目,应分别不同情况履行审批手续:
10. In determining projects of co-operative publication with foreign countries, the following formalities of examination and approval shall, depending on the different circumstances, be carried out respectively:

凡国内已公开出版的出版物,中央一级出版社由出版社自行决定,报上级主管部门备案,地方出版社报省、市、自治区出版局审批;
With respect to publications that have been published domestically, publishing houses at the central level may make their own decisions and report the projects to the higher competent authority for the record, whereas publishing houses in the localities shall submit their project proposals to the publication bureaus of the provinces, municipalities directly under the Central Government or autonomous regions for examination and approval.

凡国内尚未出版的出版物,中央一级出版社报上级主管部门审批,地方出版社报省、市、自治区人民政府审批。
With respect to publications that have not come off the press domestically, publishing houses at the central level shall submit their project proposals to the higher competent authority for examination and approval, and publishing houses in the localities shall submit their project proposals to the people’s governments of the provinces, municipalities directly under the Central Government or autonomous regions for examination and approval.

内容涉及到全国的大型丛书,应事先征得国家出版局的同意;
With respect to a project of co-operative publication of full-length book series whose contents have a nation-wide bearing, consent of the State Bureau of Publication shall have to be solicited in advance.

凡涉及党和国家重大方针和外交政策的书稿,党和国家领导人的著作或传记,须经国家出版局会签后,报国务院或中央审批;
With respect to manuscripts whose contents involve the major principles of the Party and the State and China’s foreign policy and to works by, or biographies of, the leaders of the Party and the State, the project proposals shall, after being counter-signed by the State Bureau of Publication, be submitted to the State Council for examination and approval.

重要文物和其他珍品的摄影和使用,涉及国界线的地图的出版,应严格按照国家有关规定办理。
The taking of photographs of important cultural relics and other rare, precious objects and the use of such photographs, and the publication of maps that involve boundary lines of China shall be handled in strict accordance with the pertinent provisions of the State.

所有对外合作出版的送审报告、中外文合同(或协议书)、样本,均应报国家出版局备案。
With respect to a publication project of co-operation with a foreign party, the report submitted requesting the examination and approval of the project proposal, copies of the contract (or agreement) both in Chinese and in the foreign language concerned and the sample version of the item to be published shall be submitted to the State Bureau of Publication for the record.

十一、对于开展对外合作出版所必需的业务人员同国外的往来,主管部门应简化审批手续,提供方便,以利于合同的顺利执行。
11. With respect to trips abroad and back to China by professional personnel needed in effecting publication in co-operation with foreign countries, the competent departments shall simplify the examining and approving formalities and provide convenience so as to facilitate the smooth implementation of the contract.

十二、合作出版书刊,应按国内现行稿酬制度,分别情况向作者支付报酬;
12. For books and journals published cooperatively, remuneration shall be paid to the authors on the merits of each case and in accordance with the existing domestic system of remuneration.

首次出版的书稿,可按略高于国内稿酬标准支付报酬;
For manuscripts that are published for the first time, the remuneration may be slightly higher than the domestic rates.

使用国内已出版过的书稿,亦可支付适当的报酬,一般不超过原基本稿酬的百分之六十;
If a manuscript that has been published domestically is used, appropriate fees may as well be paid, which shall in general not exceed 60 percent of the original remuneration.

使用外国人的作品,可按略高于国内作者稿酬支付。
If works of foreign authors are used, the remuneration may be slightly higher than that which would be paid to domestic authors.

上述报酬,均以人民币支付,个别确属特别情况必须支付外汇者,经上级主管部门批准后,在本单位所得外汇中支付。
The aforesaid remunerations shall be paid in Renminbi. The few really special cases that require payment in foreign exchange, the payment shall, upon approval by the higher competent departments, be made out of the foreign exchange that the units concerned have obtained.

十三、在对外合作出版工作中,各出版社之间要发扬社会主义协作风格,注意互通情报,对外协调一致,遇有分歧和矛盾,应内部协商或报上级机关协调解决。
13. In the work of publication in co-operation with foreign countries, it is imperative for various publishing houses to display the socialist style of co-operation among themselves, keep each other well informed, and work in co-ordination when dealing with foreign countries. Differences and contradictions, should they arise, shall be settled through consultations among themselves or mediation by higher authorities.

十四、在对外交往中,要严格遵守外事纪律,维护民族尊严和国家声誉。
14. In dealings with foreign countries, it is imperative to strictly abide by the disciplines related to foreign affairs and uphold our national dignity and state prestige.

 

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