Implementing Rules for the Administrative Regulations on Advertising (Revised in 2004)
Implementing Rules for the Administrative Regulations on Advertising (Revised in 2004)
Implementing Rules for the Administrative Regulations on Advertising (Revised in 2004)
Order of the State Administration for Industry and Commerce [2004] No. 18
November 30, 2004
The revised Implementing Rules for the Administrative Regulations on Advertising (Revised in 2004), which were adopted at the executive meeting of the State Administration for Industry and Commerce, are promulgated hereby and shall go into effect as of January 1, 2005.
Director-General: Wang Zhongfu
Implementing Rules for the Administrative Regulations on Advertising
Article 1 These Implementing Rules are enacted in accordance with the provisions of Article 21 of the Administrative Regulations on Advertising (hereinafter referred to as the Regulations).
Article 2 The administrative scope as prescribed in Article 2 of the Regulations shall include:
1. advertisements that are published in newspapers, periodicals, books, directories, etc.;
2. advertisements that are broadcasted on radio or television or shown in films, videos, slide shows, etc.;
3 advertisements made by way of road signs, neon lights, electronic display boards, show windows, lanterns, walls, etc. using the buildings or space of streets, public squares, airports, stations, wharves, etc.,;
4. advertisements that are displayed or posted inside or outside such places as theatres, stadiums, cultural centers, exhibition halls, hotel, restaurants, pleasure grounds, marketplaces, etc.;
5. advertisements that are displayed, drawn or posted on automobiles, vessels, airplanes or other vehicles;
6. various types of advertising propaganda materials which are sent by mail;
7. advertising propaganda made by means of giving complimentary objects;
8. advertisements that are published, broadcasted, displayed or posted by other media or means.
Article 3 Any enterprise that applies for engaging in advertising business, in addition to meeting such conditions as enterprise registration etc., shall also meet the following requirements:
1. Having established an institution responsible for market survey and having a professional staff thereof;
2. Having managerial personnel who are familiar with advertising administrative legislation and personnel who are capable of undertaking the design, production and editing of advertisements;
3. Having full-time accounting personnel;
4. Having the ability to deal with the advertisements of foreign business in China when applying for undertaking or acting as an agent in operating the advertisement of foreign business in China.
Article 4 Broadcasting stations, TV stations, publishers of newspaper or periodicals, public institutions, and other institutions as prescribed by laws and administrative regulations shall meet the following conditions when going through the formalities of registration of permit for advertising operations:
1. Having the media or means to publish advertisements directly;
2. Having established a special organization for advertising operations;
3. Having the equipment and place for advertising operations;
4. Having specialized advertising personnel and censors familiar with the advertising laws and regulations.
Article 5 In case a Sino-foreign equity joint venture, a Sino-foreign cooperative enterprise or a foreign-funded enterprise applies for engaging in advertising business, it shall be handled in accordance with the Provisions on the Administration of Foreign-funded Advertising Enterprises and with reference to the Regulations, these Implementing Rules and other relevant provisions.
Article 6 In case an individual industrial and commercial household applies for engaging in advertising business, in addition to meeting the conditions as prescribed in the Provisional Regulations on the Administration of Individual Industrial and Commercial Household Operations in Towns and Villages, the individual shall have advertising professional skills and be familiar with the advertising laws and regulations.
Article 7 In accordance with Article 6 of the Regulations, the advertising operator registration procedure shall be handled as follows:
1.
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