Promulgation Unit Standing Committee of the People's Congress of Hubei Province
Promulgation Date 19971203
Implementation Date 19971203
The Measures for Implementing the Advertising Law of the People's Republic of China in Hubei Province have been
adopted at the 31st meeting of the Standing Committee of the Eighth People's Congress of the People's Republic of China
and are hereby promulgated and put into effect. The Standing Committee of the Eighth People's Congress adopted it at its 31st meeting on December 3, 1997
and it is hereby promulgated and put into effect.
Chapter Name Full Text
Article 1 In order to regulate advertising activities, promote the healthy development of the advertising industry, give full play to the positive role of advertisements in the social
ism market economy, protect the lawful rights and interests of consumers and advertisers, advertisers, advertisers, and publishers, and to protect the lawful rights and interests of consumers and advertisers, advertisers, and publishers, in accordance with the "Law on Advertising of the People's Republic of China," the relevant laws and regulations, and in view of the actual situation in our province, the Standing Committee of the Eighth People's Congress hereby promulgates its implementation.
The actual situation in our province, the formulation of these measures.
Article 2 These Measures shall apply to units
and individuals engaged in advertising business management activities within the administrative area of the province.
The advertising referred to in these measures, refers to the commodity operators or service providers to bear the cost, through the newspaper
Journal, radio, television, film, print, neon and other media or forms of direct and indirect introduction
Their own promotion of the goods or services provided by the commercial advertisements.
Article 3 of the provincial people's government administration for industry and commerce is the province's advertising supervision and management authorities. The administration for industry and commerce departments of the people's governments of the cities
, states and counties (districts) shall be responsible for the supervision and management of advertising activities
in their respective administrative areas.
Article 4 The people's governments at or above the county level and their administrative departments for industry and commerce shall actively create conditions
to gradually implement the advertising agency system and create a favorable external environment for the development of the advertising industry.
Article 5 The administrative departments for industry and commerce at or above the county level shall, in conjunction with the relevant departments, formulate rules for public welfare advertisements
planning; advertisement operators and advertisement publishers shall design, produce and publish a certain number of public welfare advertisements every year
advertisements.
Article 6 The contents of advertisements shall be truthful, lawful and in line with the requirements of the construction of socialist spiritual civilization
, and shall not deceive or mislead consumers.
Article 7: The images, words and phrases, hanyu pinyin, and units of measurement used in advertisements shall conform to
the relevant provisions of the State.
Advertisements shall not be modeled after others'
advertisements in terms of overall design, text, slogans, narration, music, etc., so as to mislead consumers.
Article 8: In addition to complying with the laws and regulations, the following advertisements shall be clear, understandable and complete:
(1) Advertisements promoting commodities and providing services with preferential treatment and concessions shall indicate the time limit, magnitude and amount of the preferential treatment and concessions;
(2) Advertisements promoting commodities and providing services with complimentary gifts, which shall be the time limit, magnitude and amount of the concessions;
(3) Advertisements promoting commodities and providing services with complimentary gifts, which shall be the time limit, magnitude and amount of the concessions. (b) advertisements promoting goods and providing services with gifts, which are given in limited quantities and for a limited period of time
, shall indicate the total amount and period of the gifts;
(c) advertisements promoting equipment with special attachments shall indicate the attachments that must be purchased for the equipment and the price;
(d) advertisements promoting seeds and seedlings shall indicate the geographical scope and conditions of the equipment that are suitable for planting and cultivation;
(e) advertisements promoting the use of seeds or seedlings in the form of a variety of products and services, which are suitable for planting and cultivation; and
and conditions;
(v) advertisements promoting technology shall indicate the name of the technology appraisal department and the time of appraisal;
(vi) mail-order goods advertisements, information advertisements, and advertisements for the transfer of technology shall be prominently labeled with the advertiser's real name or name, full address, and contact time. Advertisements for mail-order goods shall also
indicate the time limit for sending out mail-order goods after receiving remittances;
(g) advertisements using scientific inventions and other scientific research results, should be accurate, appropriate, and indicate the
place.
Article 9 Advertisements promoting equipment, seeds, seedlings and technologies shall not contain any analysis or prediction
of the market supply and demand and economic effects of the products produced using the equipment, seeds, seedlings and technologies
as well as deceptive promises to acquire the products produced.
Goods and services whose advertisements are prohibited by laws and regulations shall not be designed, produced and published
as advertisements.
Article 10 The mass media shall not publish advertisements in the form of news reports and investigative interviews.
Advertisements released through the mass media shall be labeled with an advertising mark to distinguish them from other non-advertising information
and shall not cause misunderstanding among consumers.
Article 11 Medical advertisements shall not contain the following contents:
(1) unscientific assertions or guarantees of efficacy;
(2) promotion of the cure rate, efficiency and other diagnostic and therapeutic effects;
(3) use of the names and images of medical research institutes, academic institutions, medical institutions, or specialists, doctors, patients
to provide proof;
(4) use of the names and images of medical research institutes, academic institutions, medical institutions, or specialists, doctors, patients For proof;
(4) involving drugs and preparations.
Article 12 Units and individuals engaged in the following advertising activities must, in accordance with the relevant provisions of the State
, go to the administrative department for industry and commerce for registration of advertising:
(1) engaged in advertising activities or the organization of arts and crafts, sports, exhibitions, judging and other activities
involved in the operation of temporary advertisements;
(2) set up, Publishing outdoor advertising, or set up advertising displays;
(C) engaged in printed advertising activities;
(D) laws, rules and regulations provide that other advertising should be registered.
Article 13 Advertising operators and advertising publishers shall declare to the administrative department for industry and commerce from January 1 to April 20
each year the annual inspection of advertising qualifications. The administration for industry and commerce shall announce those who have passed the annual inspection
.
Article 14 The advertisers, advertisers, advertisers, advertisers enter into a written
contract for advertising activities between the industry and commerce administration must use the model text of the advertising contract produced by the administration for industry and commerce.
Article 15 The advertisement operator and advertisement publisher shall be equipped with an advertisement censor who is responsible for reviewing the content of the advertisement
.
Advertising censor shall hold the "advertising censor qualification certificate
" issued by the provincial administration for industry and commerce before engaging in advertising censorship.
Article 16 The advertisements approved for publication, except for broadcasting can not broadcast the advertising approval number,
other shall be published at the same time the advertising approval number; printed advertisements shall be printed in a prominent position the approval
number, the name of the bearer of the print and address.
Article 17 The advertisement operator and advertisement publisher shall establish an advertisement file management system, set up a separate
accounting book for advertisements, and use special invoices for advertisement industry.
Article 18 The people's governments at all levels shall strengthen the organization and management of outdoor advertising, promote the healthy development of the outdoor advertising
industry, and beautify the urban environment.
People's governments at or above the county level shall, in accordance with the overall planning of urban development, organize industry and commerce, urban construction, traffic
communication, public security, land and other departments to formulate specific plans for the installation of outdoor advertising. Specific plans approved by the people's
people's government at this level, by the administration for industry and commerce to supervise the implementation.
Article 19 Setting up outdoor advertising, laws and regulations require prior consultation with the relevant departments
the relevant departments shall respond within seven days from the date of receipt of the application; agreed to set up, by the
local administration for industry and commerce department for examination and registration before the set up of the lot or building in the validation.
Outdoor advertising shall be neat, safe and beautiful.
Outdoor advertising approved by the establishment of the validity of any unit or individual shall not be removed without authorization
, cover, damage. Indeed, due to urban construction needs to be removed, must be informed in advance of the advertising operator, and
in accordance with relevant regulations.
Article 20 The construction of outdoor advertising facilities need to occupy the site or building, the construction unit or
individuals shall obtain the consent of the site, building owners and users, and pay site fees or building
occupancy fees. Site fee and building occupancy fee charges by the provincial administration for industry and commerce will be
with the provincial price, finance, urban construction departments to negotiate the formulation of the provincial people's government for approval after the implementation.
Except for the provisions of laws and regulations and the approval of the provincial people's government, no unit or individual shall collect fees from advertisement
advertisers and advertisement publishers.
Article 21 The bearer of printed advertisements shall check the
relevant documents provided by the principal in accordance with the state regulations and print them in accordance with the content and quantity approved by the administration for industry and commerce.
Posting of printed advertisements shall be carried out in the scope and location determined by the administration for industry and commerce, and shall not
damage the cityscape.
Article 22 Drugs, medical devices, pesticides, veterinary advertisements must be examined by the relevant provincial
administrative departments before release; medical, cosmetic, agricultural (forestry) crop seeds, seedlings, health food
advertisements shall be examined by the relevant administrative departments at or above the county level of the place where they are released before they are released. Without review and approval
approved, shall not be published.
The contents of food and liquor advertisements must be in line with the matters of health license.
Article 23 The administrative department shall, in accordance with the law, review the contents of the advertisement before publication and shall make a decision on the review within seven days from the date of acceptance
. Where laws and regulations provide otherwise, the provisions shall apply.
The content of advertisements finalized by the administrative department shall not be modified by the publisher of the advertisements; if any error is found
, the publisher shall request the administrative department to re-examine the advertisements.
Article 24 For advertisements that have been examined and approved, the advertiser or the advertisement operator or the advertisement publisher
shall, before the advertisement is published, send a copy of the decision on examination of the advertisement and other documents and materials to the industry and commerce administration department at the same level of the examining
authority of the advertisement for filing. If the administration for industry and commerce finds that the advertisement on record violates
the provisions of laws and regulations, it shall notify the advertisement reviewing organ to re-examine it.
Article 25 In supervising and inspecting advertising activities, the administration for industry and commerce may exercise
the following powers and functions:
(1) questioning, in accordance with the prescribed procedures, the advertisers, advertisers, advertisers, publishers
and interested persons being inspected, and requesting for the provision of supporting materials or other information relating to the advertisement;
(2) inquiring into, and copying, information relating to the advertisement; and >(b) inquire into and copy the contracts, books, documents, papers, files, records
and other information related to the act of advertising;
(c) copy the works of advertising related to the act of advertising.
Article 26 Violation of the provisions of these measures, one of the following acts, by the industry and commerce
administration above the county level, respectively, on the responsible advertisers, advertising operators, advertising publishers to impose
penalties:
(1) violation of the provisions of Article 7, paragraph 1, shall be ordered to make corrections or to stop the publication of the
(2) violations of second paragraph of Article 7, Article 9 and Article 12, shall be ordered to make corrections or
stop advertising activities, confiscate the illegal gains, and impose a fine of not less than 1,000 yuan and not more than 10,000 yuan;
(c) violating the provisions of Article 8, Article 11 and Article 22, shall be ordered to stop publishing or
the public correction, confiscate the advertising costs, and may be fined not less than double the advertising costs and not more than Five times the fine
, which violates the provisions of Article 11, the circumstances are serious, according to law to stop its advertising business;
(d) violation of the provisions of Articles 13 and 16, shall be ordered to declare or correct; over
not declare or not correct, according to law to stop its advertising business.
Article 27 violation of the provisions of Article 21, by the administrative departments for industry and commerce at or above the county level
and order the printer to stop printing, confiscate the illegal income, and may impose a fine of more than 5,000 yuan of 10,000 yuan of the following
paragraphs.
Article 28 If a party to an advertising offense obstructs law enforcement inspection, refuses or delays to provide
relevant information or circumstances, or intentionally provides false information or circumstances, the administration for industry and commerce shall
order the party to make corrections within a certain period of time, and if the party fails to make corrections after the expiration of the period of time, the party may be stopped from its advertising business in accordance with the law.
Article 29 Violation of the provisions of these measures, the release of false advertisements, deceive and mislead consumers,
so that the legitimate rights and interests of consumers are harmed, the advertisers shall bear civil liability according to law; advertisers
, advertising operators
, advertisers know or should be aware of the advertisements are still designing, producing, releasing, should bear
joint and several liability according to law; social groups or other organizations, recommending goods or services to consumers in the advertisement
, so that the legitimate rights and interests of consumers have been harmed, shall be held jointly and severally liable in accordance with the law; constitutes a crime
, shall be held criminally liable in accordance with the law.
Advertising censorship authorities on the illegal advertising content of the review and approval of the decision, the directly responsible
supervisors and other personnel directly responsible for the unit or higher authorities, the supervisory authorities in accordance with
Law to give administrative sanctions.
Article 30 The administrative departments for industry and commerce and advertising review authority staff negligence,
abuse of power, favoritism and malpractice, shall be given administrative sanctions; constitutes a crime, shall be held criminally responsible
Article 31 The parties concerned to the administrative penalty decision is not satisfied with the application for reconsideration in accordance with the law, or to the
people's court. If a person fails to apply for reconsideration, sue or fulfill the penalty decision after the deadline, the organ that made the penalty decision shall apply to the people's court for compulsory execution.
Article 32 The provincial administration for industry and commerce shall be responsible for the interpretation of the application of these measures.
Article 33 These Measures shall come into force on the date of promulgation