REGULATIONS ON CONTROL OF ADVERTISEMENTS
Important Notice: (注意事项)
This English document is coming from the "LAWS AND REGULATIONS OF THEPEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)which is compiled by the Brueau of Legislative Affairs of the StateCouncil of the People's Republic of China, and is published by the ChinaLegal System Publishing House.In case of discrepancy, the original version in Chinese shall prevail.
Whole Document (法规全文)
REGULATIONS ON CONTROL OF ADVERTISEMENTS(Promulgated by the State Council on October 26, 1987)
These Regulations are formulated for the purpose of strengthening theadministration of advertisement, promoting the development ofadvertisement undertakings and utilizing advertisement as an effectivemedium to serve socialist construction.
These Regulations shall apply to any advertisements published, broadcast,installed or posted in the People's Republic of China through such mediaor in such forms as the press, broadcasting, television, films, streetnameplates, shop windows, printed matters, neon lights, etc.
The content of an advertisement must be true to facts, sound, clear andeasy to understand and must not cheat users and consumers in any way.
Monopoly and unfair competition shall be prohibited in advertisingoperations.
The administrative organs controlling advertisements shall be the StateAdministration for Industry and Commerce and local administrativedepartments for industry and commerce at various levels.
Units and self-employed industrialists or businessmen wishing to engage inadvertising businesses (hereinafter referred to as advertising operators)shall submit applications to administrative departments for industry andcommerce in accordance with these Regulations and the provisions of otherrelevant laws and regulations and go through, according to differentcircumstances, such formalities as examination, approval or registration:
(1) for enterprises specializing in advertising business, BusinessLicences for Enterprises as Legal Persons shall be issued;
(2) for institutions concurrently engaged in advertising business,Licences for Advertising Operation shall be issued;
(3) for self-employed industrialists or businessmen capable of runningadvertising businesses, Business Licences shall be issued;
(4) for enterprises concurrently engaged in advertising business,applications shall be filed with the relevant departments for change ofbusiness scope registration.
The content of an advertisement to be published, broadcast, installed orposted shall be kept within the advertiser's business scope or the scopepermitted by the State.
An advertisement that contains any of the following contents may not bepublished, broadcast, installed or posted:
(1) that violates the laws and regulations of the State;
(2) that impairs the national dignity of the State;
(3) that involves designs of the national flag, national emblem ornational anthem or the music of the national anthem of the People'sRepublic of China;
(4) that is reactionary, obscene, superstitious or absurd;
(5) that is fraudulent;
(6) that depreciates products of the same kind.
News media shall provide clear indications for the advertisement theypublish or broadcast. News media may not publish or broadcastadvertisements in the form of news reports nor collect fees for thesereports. Journalists may not solicit advertisements in the name of newscoverage.
It shall be forbidden to advertise cigarettes through broadcast,television, newspapers or periodicals.After approval by administrative departments for industry and commerce, itmay be allowed to advertise famous wines and liquors of good quality whichhave won prizes at the national, ministerial or provincial level.
Due certificates shall be presented in applying for publishing,broadcasting, installing or posting advertisements in the following cases:
(1) for the commodity advertisements concerning standards of quality,certificates issued by administrative departments in charge ofstandardization or by quality inspection agencies, authenticated to bequalified by metrological verification, above the provincial municipalitylevel shall be presented;
(2) for the advertisements which indicate commodities as prize-winners,certificates of award for the current session or year or for successivesessions or years shall be presented and classes of prizes and prize-awarding departments shall also be clearly indicated in theadvertisements;
(3) for the advertisements which indicate titles of high-qualitycommodities, certificates of high-quality products issued by the relevantdepartments shall be presented and clear indications shall also be made inthe advertisements as to when and by which departments the titles wereconferred on;
(4) for the advertisements which indicate patent rights of commodities,patent licences shall be presented;
(5) for the advertisements which indicate registered trademarks ofcommodities, certificates of trademark registration shall be presented;
(6) for the advertisements of the products which require productionpermits, production permits shall be presented;
(7) for the advertisements concerning culture, education and publichealth, certificates issued by the higher competent authorities shall bepresented;
(8) for the other advertisements which require due certification, papersissued by relevant government departments or agencies authorized by themshall be presented.
Advertising operators shall check papers or certificates and examine thecontents of advertisements while undertaking advertising business oracting as advertising agents. They may not publish, broadcast, install orpost any advertisements which violate the provisions of these Regulations.
For the installation and posting of outdoor advertisements, local people'sgovernments shall organize the administrative departments respectively incharge of industry and commerce, urban construction, environmentalprotection and public security in jointly drawing up the plans, whichshall be implemented under the supervision of the administrativedepartments for industry and commerce.Advertisements may not be installed or posted in controlled areas neargovernment organs or cultural relics under special protection, nor inareas where installation and posting of advertisements are prohibited bylocal people's governments.
Rates of charges for advertisements shall be fixed by advertisingoperators and reported to local administrative departments for industryand commerce and to those in charge of price control for the record.
Rates of fees to be charged for acting as agents in advertising businessshall be fixed by state administrative departments for industry andcommerce and those in charge of price control.Rates fees to be charged for the use of places and buildings for outdooradvertisements shall be fixed through consultations by localadministrative departments for industry and commerce with those in chargeof price control and urban construction and reported to local people'sgovernments for approval.
Advertising operators must, according to the relevant prescriptions of theState, set up bookkeeping records, pay taxes according to law and subjectthemselves to the control and inspection by the administrative departmentsrespectively in charge of finance, auditing and industry and commerce.
In undertaking or acting as agents in advertising business, advertisingoperators shall sign with advertisers or those who have entrusted themwith the business written contracts that shall stipulate explicitly eachparty's responsibilities.
Advertisers or advertising operators who have violated the provisions ofthese Regulations shall be given the following penalties by administrativedepartments for industry and commerce according to the seriousness of thecases:
(1) stopping advertising;
(2) making public corrections as ordered;
(3) circulating a notice of criticism;
(4) confiscation of the illegal gains;
(6) suspending business for consolidation;
(7) revocation of the business licences or the licences for advertisingoperation. If the violations of the provisions of these Regulations are soserious as to constitute crimes, criminal responsibilities shall beinvestigated by judicial organs according to law.
If advertisers or advertising operators disagree with the penaltiesdecided upon by administrative departments for industry and commerce, theymay apply for a reconsideration to the next higher administrativedepartments for industry and commerce within 15 days after receivingpenalty notices. If they still disagree with the decisions made afterreconsideration, they may bring a suit in a people's court within 30 daysafter receiving the reconsideration decisions.
Advertisers or advertising operators who, in violation of the provisionsof these Regulations, have caused losses on the part of their users andconsumers or committed other acts of infringement shall bear theresponsibility for compensation. With respect to claims for damages, theclaimant may request the administrative departments for industry andcommerce above the county level for handling. If the parties concerneddisagree with the decisions made by administrative departments forindustry and commerce, they may bring a suit in a people's court. Theclaimant may also directly bring a suit in a people's court.
These Regulations shall be interpreted by the State Administration forIndustry and Commerce. The rules for implementation shall be formulated bythe State Administration for Industry and Commerce.
These Regulations shall go into effect as of December 1, 1987. The InterimRegulations on Control of Advertisement promulgated by the State Councilon February 6, 1982 shall be abrogated as of the same date.