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| Category | ADMINISTRATION FOR INDUSTRY AND COMMERCE | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1994-10-27 | Effective Date | 1995-02-01 |
|
Advertisement Law of the People's Republic of China |
|---|
Chapter I General Provisions
Chapter II Requirements of Advertising
Chapter III Advertising Activities
Chapter IV Advertisement Examination
Chapter V Legal Responsibility
Chapter VI Supplementary Provisions Article 1 This law is formulated in order to regulate advertising Article 2 Advertisers, advertising operators and advertisement "Advertisement" as the term is used in this Law refers to any commercial "Advertiser" as the term is used in this Law refers to any legal person, "Advertising operator" as the term is used in this Law refers to any legal "Advertisement publisher" as the term is used in this Law refers to any Article 3 An advertisement shall be true to facts, lawful, and in Article 4 An advertisement may not contain any false and deceiving Article 5 Advertisers, advertising operators and advertisement publishers Article 6 The administration for industry and commerce of the people's Article 7 The contents of advertisements shall be conducive to the Advertisements may not contain any of the folIowing circumstances: 1. using the national flag, national emblem and national anthem of the 2. using the names of state organs or names of staff of state organs; 3. using such words as the state-level, the highest-level or the best; 4. hindering social stability or endangering the safety of life or 5. hindering the social public order or violating the good social customs; 6. carrying any pornographic, superstitious, horrible, violent or ugly 7. carrying any nationality, racial, religious or sex discriminating 8. hindering environmental and natural resources protection; and 9. other circumstances that are prohibited by laws and administrative Article 8 Advertisements may not impair the physical and mental health of Article 9 Statements in advertisements on commodity's performance, origin An advertisement, in which gifts are indicated to be presented in Article 10 Data, statistical information, investigation and survey Article 11 An advertisement involving patented products or patent methods The unpatented may not pretend to be patented in advertisements. The use of ungranted patent applications or terminated, nullified or Article 12 An advertisement may not belittle the commodities or services Article 13 An advertisement shall be distinguishable, and enable The mass media may not publish advertisements in the form of news report. Article 14 Advertisements for pharmaceuticals, medical apparatus and 1. unscientific affirmations, statements or promises on efficacy; 2. indication of the cure rate or efficacious rate; 3. comparison of efficacy and safeness with other medicines, medical 4. use of the name or image of medical research unit, academic 5. other contents that are prohibited by laws and administrative Article 15 The contents of advertisements for pharmaceuticals must take Advertisements for therapeutic pharmaceuticals which, as provided by the Article 16 Special pharmaceuticals such as anaesthetic, narcotic, Article 17 Advertisements for agricultural chemicals may not contain the 1. absolute affirmations indicating its safeness such as non-toxic or 2. unscientific affirmations or promises indicating its effectiveness; 3. words, languages or pictures that violate the safe use regulations of 4. other contents that are prohibited by laws and administrative Article 18 Publishing of advertisements for tobacco by means of radio, Erecting or placing advertisements for tobacco at public places such as Advertisements for tobacco must be marked with "smoking is harmful to your Article 19 The contents of advertisements for foods, alcohol drinks or Article 20 Advertisers, advertising operators and advertisement Article 21 No advertiser, advertising operator or advertisement publisher Article 22 An advertiser, in designing, producing or publishing Article 23 An advertiser shall, in commissioning to design, produce and Article 24 An advertiser shall, in designing, producing and publishing 1. business license and other papers and documents proving production and 2. documents and papers issued by quality certification organs for the 3. other documents and papers to confirm the truthfulness of the content Where, pursuant to the provisions of Article 34 of this Law, publishing of Article 25 Any advertiser or advertising operator shall, if using the Article 26 Those engaging in the advertising business shall have the The advertising business of radio stations, television stations, newspaper Article 27 Advertising operators and advertisement publishers are to Article 28 Advertising operators and advertisement publishers, according Article 29 Advertising charges shall be reasonable and open to the Advertising operators and advertisement publishers shall make public their Article 30 Advertisement publishers shall provide true information on Article 31 With respect to those commodities or services prohibited by Article 32 No outdoor advertisement may be erected or placed under any of 1. using traffic safety facilities or traffic signs and marks; 2. affecting or interrupting the use of public utility facilities, traffic 3. hindering the production or people's living or damaging the appearance 4. within the construction control areas of state organs, cultural relics 5. within the areas prohibited to erect or place outdoor advertisements by Article 33 The people's governments at or above the county level are, by Article 34 With respect to advertisements for such commodities as Article 35 An advertiser shall, when applying for advertisement Article 36 No unit or individual may counterfeit, alter and transfer the Article 37 Where, in violation of the provisions of this Law, false and Article 38 Where, in violation of the provisions of this Law, publishing The advertising operator or advertisement publisher, who fails to provide A social organization or other organizations, which recommends commodity Article 39 Where publishing of an advertisement violates the provisions Article 40 Where publishing of an advertisement violates the provisions Where publishing of an advertisement violates the provisions of Article 13 Article 41 Where, in violation of the provisions of Article 14 to Article Article 42 Where, in violation of the provisions of Article 18 of this Article 43 Where, in violation of the provisions of Article 34 of this Article 44 Where an advertiser furnishes false and deceiving Where anyone counterfeits, alters or transfers documents of an Article 45 Where an advertisement examination organ has made an Article 46 Any person of an advertising supervision and control organ or Article 47 An advertiser, advertising operator or advertisement 1. impairing in advertising the physical and mental health of the minors 2. palming off as a patent of others; 3. belittling commodities or services of other producers and manufacturers 4. using the names and images of others without consent in advertising; or 5. other infringements of the lawful civil rights and interests of others. Article 48 A party concerned which disagrees with an administrative The reconsideration organ shall, within sixty days from the date of In the event of a party concerned failing both to apply for a Article 49 This Law shall come into force as of February 1, 1995. lf any
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Chapter I General Provisions
activities, promote the healthy development of the advertising sector, protect
the lawful rights and interests of consumers, maintain the social and economic
order, and let advertisements play an active role in socialist market economy.
publishers, when engaging in advertising activities within the territory of
the People's Republic of China, shall abide by this law.
advertisement, which a commodity operator or service provider pays for,
through certain media or forms, directly or indirectly introducing their
commodities being sold or services being provided.
other economic organization or individual, who, with the purpose of promoting
the sales of commodities or providing services, is to design, produce and
publish advertisements by itself or through commissioning others.
person, other economic organization or individual, who is commissioned to
provide advertisement designing, producing and agent services.
legal person or other economic organization which publishes advertisements for
advertisers or advertising operators commissioned by advertisers.
compliance with the requirements of raising socialist cultural and ideological
progress.
information, and may not cheat or misguide consumers.
shall, when engaging in advertising activities, abide by laws and
administrative regulations and adhere to the principles of fairness and
trustworthiness.
governments at or above the county level are advertising supervision and
control organs.
Chapter II Requirements of Advertising
physical and mental health of the people, promote the improvement in quality
of commodity and service, protect the lawful rights and interests of
consumers, be in compliance with social morality and professional ethics, and
safeguard the dignity and interests of the state.
People's Republic of China;
property, or harming the social public interests;
information;
information;
regulations.
the minors and the disabled.
of production, use, quality, price, producer and manufacturer, valid term, and
promise, and service's items, manner, quality, price and promise shall be
clear and explicit.
promoting the sales of commodities or providing services, shall state the type
and quantity of gifts as compliments.
findings, digest and quotes used in an advertisement shall be true to facts
and accurate, and their sources shall be indicated.
shall clearly indicate the patent number and the type of patent.
invalid patents to advertise is prohibited.
of other producers and manufacturers or operators.
consumers to identify it is an advertisement.
Advertisements published through the mass media shall bear advertisement marks
to differentiate them from other nonadvertisement information and may not lead
to the misunderstanding of consumers.
instruments may not contain the following contents:
apparatus and instruments;
organization, medical unit or expert, doctor or patient as proofs; and
regulations.
as the standards the instructions approved by the public health administrative
department under the State Council or public health administrative departments
of provinces, autonomous regions and municipalities directly under the Central
Government.
state, shall be used under physician's advice must be marked "purchase and use
on physician's prescription".
psychotropic, toxic and radioactive drugs may not appear in advertisements.
following contents:
non-harm;
agricultural chemicals; and
regulations.
cinema pictures, television, newspaper, magazine or periodical is prohibited.
various waiting rooms, cinemas and theatres, conference halls and sports
stadiums and gymnasiums is prohibited.
health".
cosmetics must comply with matters and items of hygiene license, and may not
use medical jargons or words which are easily to be mixed up with
pharmaceuticals.
Chapter III Advertising Activities
publishers shall sign written contracts according to law in their advertising
activities, stipulating explicitly each party's rights and obligations.
may engage in unfair competition of any form in their advertising activities.
advertisements either by itself or through committing others to promote the
sales of commodities or to provide services shall comply with its business
scope.
publish advertisements, commission an advertising operator or advertisement
publisher with legal business status.
advertisements either by itself or through commissioning others, has or provide
true, lawful and valid documentation as follows:
operation qualification;
content of commodity quality to be advertised;
of advertisement.
an advertisement is subject to examination by relevant administrative
departments, relevant documents and papers of approval shall also be provided.
names or images of others in advertising, obtain in advance the written
consent of others; and if using the names or images of persons with incapacity
for civil actions or with limited capacity for civil actions, obtain in
advance the written consent from their guardians.
required professional and technical personnel and production equipment, and
undergo company or advertising business registration in accordance with law,
before they may engage themselves in advertising activities.
or magazine and periodical publishing units shall be handled by their own
departments specializing in advertising business, and registration for
concurrent advertising business shall be made according to law.
check relevant documentation and to examine and verify the contents of
advertisements in accordance with laws and administrative regulations. With
respect to an advertisement with untrue content or without the required
complete documentation, any advertising operator may not provide services on
designing, producing and serving as agent and any advertisement publisher may
not publish such advertisement.
to relevant state regulations, are to establish and perfect the system on
acceptance registration, examination and verification, and record management
of their advertisement businesses.
public, the charging standards and measures shall be registered with the
administrative departments in charge of price and industry and commerce for
record.
charging standards and measures.
media coverage, audience rate and circulation to advertisers and advertising
operators.
laws and administrative regulations to be produced and manufactured, marketed
or provided, and with respect to the commodities or services prohibited to be
advertised, advertisements may not be designed, produced and published.
the following circumstances:
safety facilities or traffic signs and marks;
or environment of cities;
protection units or scenic sites; and
the people's governments at or above the county level.
organizing relevant departments such as advertising supervision and control,
urban construction, environmental protection and public security, to work out
planning and measures for the control of erecting and placing outdoor
advertisements.
Chapter IV Advertisement Examination
pharmaceuticals, medical apparatus and instruments, agricultural chemicals or
veterinary drugs, which are published by means of radio, cinema pictures,
television, newspaper, magazine, periodical and other media, and other
advertisements which, as provided by laws and administrative regulations,
shall be subject to examination, the relevant administrative departments
(hereinafter referred to as the advertisement examination organ) must examine
and inspect, prior to their issuance, the contents of the advertisements in
accordance with the relevant laws and administrative regulations; any such
advertisement which is not examined and approved may not be published.
examination, submit relevant documentation to the advertisement examination
organ according to laws and administrative regulations. The advertisement
examination organ shall, pursuant to laws and administrative regulations, make
an examination decision.
document of advertisement examination decision.
Chapter V Legal Responsibility
deceiving publicity on commodity or service is made by using an advertisement,
the advertising supervision and control organ shall order the advertiser to
stop publishing the advertisement and to use the same amount of its
advertising expenses to make open correction and to clear up influence within
the same area, and impose the advertiser a fine of more than the amount of its
advertising charges and less than five times the amount of its advertising
charges; confiscate the advertising charges of the advertising operator
responsible and advertisement publisher responsible and impose them a line of
more than the amount of the advertising charges and less than five times the
amount of the advertising charges; and if the case is serious, prevent them,
according to law, from the advertising businesses. Where the act constitutes
a crime, criminal responsibility shall be investigated according to law.
of a false and deceiving advertisement cheats and misguides consumers, and
thus causes infringement and damage to the lawful rights and interests of
consumers who buy the commodity or accept the service, the advertiser shall
bear civil responsibility according to law, the advertising operator and
advertisement publisher, who know or are to know that the advertisement is
untrue to facts but continue to design, produce and publish it, shall bear
joint responsibility according to law.
the real name and address of the advertiser, shall bear complete civil
responsibility.
or service to consumers in a false and deceiving advertisement and
consequently causes infringement and damage to the lawful rights and interests
of consumers, shall bear joint responsibility.
of Article 7, Paragraph 2 of this Law, the advertising supervision and control
organ shall order the advertiser, advertising operator and advertisement
publisher, which are responsible to the advertisement, to stop publishing the
advertisement and to make open corrections, confiscate their advertising
charges, and impose a fine of more than the amount of the advertising charges
and less than five times the amount of the advertising charges; and if the
case is serious, prevent them, according to law, from the advertising
businesses. Where the act constitutes a crime, criminal responsibility shall
be investigated according to law.
of Article 9 to Article 12 of this Law, the advertising supervision and
control organ shall order the advertiser, advertising operator and
advertisement publisher, which are responsible to the advertisement, to stop
publishing the advertisement and to make open corrections, confiscate their
advertising charges, and may impose a fine of more than the amount of the
advertising charges and less than five times the amount of the advertising
charges.
of this Law, the advertising supervision and control organ shall order the
advertisement publisher to make correction, and impose a fine of more than
1,000 yuan and less than 10,000 yuan.
17 and Article 19 of this Law, an advertisement for pharmaceuticals, medical
apparatus and instruments, agricultural chemicals, foods, alcoholic drinks or
cosmetics is published, or, in violation of the provisions of Article 31 of
this Law, an advertisement is published, the advertising supervision and
control organ shall order the advertiser, advertising operator and
advertisement publisher, which are responsible to the advertisement, to make
corrections or to stop publishing the advertisement, confiscate their
advertising charges, and may also impose a fine of more than the amount of the
advertising charges and less than five times the amount of the advertising
charges; and if the case is serious, prevent them, according to law, from the
advertising businesses.
Law, an advertisement for tobacco is published by means of radio, cinema
pictures, television, newspaper, magazine or periodical, or an advertisement
for tobacco is erected and placed in the public places and sites, the
advertising supervision and control organ shall order the advertiser,
advertising operator and advertisement publisher, which are responsible to the
advertisement, to stop publishing the advertisement, confiscate their
advertising charges, and may impose a fine of more than the amount of the
advertising charges and less than five times the amount of the advertising
charges.
Law, publishing of an advertisement without examination and approval from the
advertisement examination organ, the advertising supervision and control organ
shall order the advertiser, advertising operator and advertisement publisher,
which are responsible to the advertisement, to stop publishing the
advertisement, confiscate their advertising charges, and impose a fine of more
than the amount of the advertising charges and less than five times the amount
of the advertising charges.
documentation, the advertising supervision and control organ shall impose a
fine of more than 10,000 yuan and less than 100,000 yuan.
advertisement examination decision, the advertising supervision and control
organ shall confiscate its illegal gains and impose a fine of more than 10,000
yuan and less than 100,000 yuan. Where the act constitutes a crime, criminal
responsibility shall be investigated according to law.
examination and approval decision for illegal content of an advertisement, the
person directly in charge and other persons directly responsible shall be
subject to administrative penalties imposed by their units, superior organs or
administrative supervisory departments according to law.
advertisement examination organ, who neglects his or her duty, abuses his or
her power of office or practises favouritism or other irregularities, shall be
subject to administrative penalties. Where his or her act constitutes a crime,
criminal responsibility shall be investigated according to law.
publisher, who, in violation of the provisions of this Law, commits any of the
following right-infringing acts, shall bear civil responsibility according to
law.
or the disabled;
or operators;
penalty decision may, within fifteen days from the date of receiving notice of
the penalty decision, apply for a reconsideration to the next higher organ of
the organ which makes the administrative penalty decision; the party may,
within fifteen days from the date of receiving notice of the penalty decision,
also directly file a suit in a people's court.
receiving the application for reconsideration, make a reconsideration
decision. A party concerned which disagrees with the reconsideration decision
may, within fifteen days from the date of receiving the reconsideration
decision, file a suit in a people's court. lf the reconsideration organ fails
to make a reconsideration decision within the time limit for reconsideration,
the party concerned may, within fifteen days from the expiration of the
reconsideration, file a suit in a people's court.
reconsideration or to file a suit in a people's court within the time limit,
and to comply with a penalty decision, the organ which makes the penalty
decision may apply to a people's court for enforcement.
Chapter VI Supplementary Provisions
content related to advertising in other laws and regulations formulated prior
to the implementation of this Law is inconsistent with this Law, this Law
shall prevail.
URL: http://www.asianlii.org/cn/legis/cen/laws/al175