Laws of the Shanghai Province

(Promulgated by Decree No.47 of the Shanghai Municipal People' s Government on March 15, 2005)

Chapter I General Provisions

Article 1 (Purpose and Basis)

For the purpose of normalizing the acts of operating exhibition, improving the environment for the development of the exhibition industry, strengthening the comprehensive service function of the city, these Procedures are formulated on the basis of the relevant laws and regulations of the State, and in the light of the actual circumstances of this Municipality.

Article 2 (Definitions)

The term "exhibition" mentioned in these Procedures refers to the commercial activities that carry out the exchange of information, promote the development of science and technology and trade through putting the articles, technique or service on display, and are held by the sponsor unit (including the host unit and the undertaking unit) in fixed places and grounds and time period, through the form of soliciting for exhibition.

The term "host unit" mentioned in these Procedures refers to the unit that takes charge of the drawing-up of the implementation scheme and plan of the exhibition, makes overall plans of, organizes and arranges the activities of soliciting for exhibition and holding exhibition, and bears the major responsibilities for the activities of soliciting for exhibition and holding exhibition.

The term "undertaking unit" mentioned in these Procedures refers to the unit that takes charge of arranging exhibits, transporting exhibits, security work and other specific matters of exhibition in accordance with the agreement signed with the host unit.

Article 3 (Application Scope)

These Procedures apply to the acts of operation and the relevant management activities of the exhibition in the administrative area of this Municipality.

These Procedures do not apply to the non-profit-making exhibition activities and the commodities on display and sales activities that adopt the method of selling on the spot as the main method.

Article 4 (Principles)

The development and normalization of the exhibition industry in this Municipality shall adopt the principles of "following the market rules, promoting orderly competition, encouraging self-discipline of the industry, exercising appropriate supervision, and upholding the legitimate rights and interests of the parties of the exhibition activities in accordance with law" .

Article 5 (Administrative Department)

The Shanghai Municipal Foreign Economy and Trade Commission (hereinafter referred to as SMFETC) shall take charge of the overall planning and coordination of the normalization and development of the exhibition industry of this Municipality.

The relevant administrative departments of economy, industry and commerce, science and technology, education, public security, tourism, intellectual property rights, etc. shall, according to their respective functions and duties, do a good job of the relevant administration work on exhibition industry.

Article 6 (Trade Organization)

The exhibition trade organizations shall play an active role in the formulation of the trade service norms, establishment of the evaluation system of exhibition, organizing of the statistics of the exhibition data, release of information of exhibition, and guiding the members of the organization to normalize the operation.

All kinds of specialized trade organizations shall give full play to the role of self-discipline in the activities of using professional information sources, organizing and holding of specialized exhibitions.

Chapter II Soliciting for and Holding of Exhibitions

Article 7 (Identification of the Host Unit)

For those international exhibition projects (hereinafter referred to as international exhibition) that shall be examined by the SMFETC, the Shanghai Municipal Science and Technology Commission (hereinafter referred to as the SMSTC), or the Shanghai Municipal Education Commission (hereinafter referred to as the SMEC), and other relevant administrative departments in accordance with the provisions, the host unit shall apply for the going-through of the project examination formalities; for those exhibitions that need not apply for the going-through of the project examination formalities, the host unit shall release the information of soliciting for exhibitions.

Article 8 (Requirements for the Holding of an International Exhibition)

International exhibitions shall not be held arbitrarily unless they pass the examination of the SMFETC, the SMSTC, or the SMEC, or the other relevant administrative departments.

Article 9 (Identification of the Subject of Releasing Information on Soliciting for Exhibition)

The information on the soliciting for exhibition shall be released in the name of the host unit.

The undertaking unit shall not release the information on soliciting for exhibition arbitrarily unless authorized by the host unit.

Article 10 (Requirements on the Truthfulness of the Information on Soliciting for Exhibition)

The information on the soliciting for exhibition shall be objective and true. The information on soliciting for exhibition that is not in consistent with the content of the exhibition shall not be released; no unit shall be taken as the undertaking unit or other kind of subject of participation named in the information on the soliciting for exhibition without the consent of such unit.

For the exhibition participants in the same exhibition, the information on soliciting for exhibition shall be released in consistent with the contents of information on soliciting for exhibition, including the name of the exhibition, subject of the exhibition, scope of the exhibition, etc. released to other participants.

Article 11 (Requirements of Stating Clearly the Situation of the Leasing of Places and Grounds, and the Project Examination)

The undertaking unit that has not yet signed the lease contract of places and grounds shall state the situation in the information on soliciting for exhibition in a marked way.

The international exhibition that has not obtained the document certifying the examination and approval shall state the situation in the information on soliciting for exhibition in a marked way.

Article 12 (Restrictions on the Alteration of Exhibition Matters)

After the release of the information on soliciting for exhibition, the host unit shall not alter the name of the exhibition, the subject of the exhibition, the scope of the exhibition, the time of the exhibition, and other exhibition matters in ordinary circumstances. In case of alteration due to justifiable reasons, the host unit shall notify the exhibition participants without delay.

The host unit holding the international exhibitions shall organize the implementation in accordance with the contents determined in the examination. In case of alteration due to justifiable reasons, the host unit shall go through the alteration formalities with the corresponding examination department.

Article 13 (Requirements of the Administration of Public Security, Fire Prevention, Communications, and City Appearance and Environmental Sanitation)

The host unit shall, in accordance with the provisions of the State and this Municipality, apply to the public security administrative departments for the "Permit on the Public Security in Public Places of Shanghai Municipality" , and apply to the fire fighting and prevention administrative departments for inspection and get the "Paper of Comments on the Inspection of Safety of Fire Prevention" after inspection.

In case the holding of large-scale exhibition may hold up the traffic or have impact on the environment of the nearby regions, the host unit shall, in advance, report to the administrative departments of public security, communications, city appearance and environmental protection, etc. the relevant information of the exhibition including the time, place, scale, etc., and accept their directions.

Article 14 (Safety Requirements of the Professional Places and Grounds and Exhibiting Area of Precious Articles)

The professional places and grounds shall, in case of necessary, install the television monitoring facilities, burglar alarm, emergency alarm, and entry-and-exit safety inspection system.

The exhibition area where the exhibition of precious articles is held including gold, silver and jewelry ornaments, diamonds, clocks and watches, calligraphy and painting, cultural relics (Grade 3 or above according to the "Grading Criteria of cultural relics objects) shall not only meet the safety requirements provided by the preceding Clause, but shall also have the single entry-and-exit passageway set, and have show cases and display counters that meet the safety and precaution requirements.

Article 15 (Security Duties of the Relevant Exhibition Unit)

The unit of places and grounds shall draw up the work rules for safety and precaution, set up security organizations, and provide full-time security personnel.

The host unit shall draw up and carry out safety and precaution measures and emergency measures for the exhibition; the undertaking unit and the exhibition participants shall coordinate in the performance of the work of safety and precaution.

In case the criminal cases, public-order-disturbing cases, or disastrous accident concerning public security occur, the unit of places and grounds, the undertaking unit and the exhibition participants shall adopt emergency measures, and assist the public security department in handling.

Article 16 (Protection Measures for the Intellectual Property Rights During the Period of Exhibition)

The host unit may, in accordance with the actual situation of the exhibition, draw up the rules on handling the complaint against the infringement upon the intellectual property rights in the exhibition spot, and set up reception organizations in the exhibition spot for the complaint against the infringement upon the intellectual property rights.

Article 17 (Restrictions on the Holding, Soliciting for Exhibition by the Government)

The administrative departments at all levels shall not host or undertake any commercial exhibition unless approved by relevant department of the State or this Municipal People' s Government.

The administrative departments at all levels shall not adopt or disguisedly adopt the administrative intervention against the wishes of the enterprises to request the enterprises to participate in the exhibition.

Chapter III Supervision and Coordination

Article 18 (Supervision over the Exhibition Market Order)

The municipal and district/county administrations of industry and commerce (hereinafter jointly referred to as industry and commerce administrative departments) shall take charge of the supervision over the market order of the exhibition industry, and investigate and punish the illegal acts of disrupting the market order in accordance with these Procedures.

Article 19 (Duties of Reporting for the Record of the Unit of Places and Grounds)

The unit of places and grounds shall, within 30 days from the date of signing the lease contract of the places and grounds, report for the record the basic conditions of the lease of the places and grounds to the commerce and industry administrative branch bureau of the district/county where the places and grounds are located.

Article 20 (Model Text of the Contract)

The SMFETC or the trade organization of exhibition may draw up the model text of exhibition contract, making clear the rights and obligations of the parties to the exhibition, safeguarding the legitimate rights and interests of the parties to the exhibition.

The Shanghai Municipal Administration of Industry and Commerce (hereinafter referred to as the SMAIC) may participate in the drawing-up of the model text of the contract.

Article 21 (Agreement on the Liability Guarantee in the Lease Contract of the Places and Grounds)

The unit of the places and grounds shall bring the liability guarantee clause in the lease contract of the places and grounds, providing agreement on the compensation liability of the act of infringing upon the legitimate rights and interests of the exhibition participants.

Article 22 (Annual Report of International Exhibitions)

All host units shall, before May 30 every year, report and send to the SMFETC, the SMSTC, the SMEC, and other relevant administrative departments the application for holding international exhibition planned to be held in the next year and relevant material in accordance with the provisions.

Article 23 (Annual Examination and Coordination of International Exhibition)

The SMFETC, the SMSTC, the SMEC, and other relevant administrative departments shall, in accordance with the provisions of the State on the limits of authority and the procedures on the examination and inspection, carry out their respective duties of examination on international exhibitions. Before making the examination decisions, the SMFETC shall, jointly with the SMSTC, the SMEC, and the other relevant administrative departments, conduct coordination.

The SMFETC, the SMSTC, the SMEC, and the other relevant administrative departments shall, within 15 days from the date of finishing the examination, notify in writing the applicant unit of the examination result, and notify the SMAIC in writing thereof.

Article 24 (Making Announcement of the Annual Namelist of International exhibition)

The SMFETC shall, jointly with the SMSTC, the SMEC, and the other relevant administrative departments in accordance with the examination result on international exhibition, make the "Annual Name List of International Exhibitions" of the next year.

The "Annual Name List of International Exhibitions" shall be timely announced on the China Shanghai Website (www.shanghai.gov.cn), and the SMFETC shall entrust the trade organization of exhibition, professional magazine of exhibition, or other mass media to announce it.

Chapter IV Legal Liabilities

Article 25 (Legal Liability for Holding International Exhibition without Authorization)

For the act of holding international exhibitions arbitrarily without examination in violation of the provisions of Article 8 of these Procedures, the industry and commerce administrative department shall order a stop and cumulatively impose a fine of not more than 30000 yuan.

Article 26 (Legal Liability of Releasing Information of Soliciting for Exhibition without Authorization)

For the act of releasing information of soliciting for exhibition not in the name of the host unit, or releasing the information of soliciting for exhibition by the undertaking unit without authorization in violation of the provisions of Article 9 of these Procedures, the industry and commerce administrative department shall order a correction in the form of announcement within a prescribed time limit, and may cumulatively impose a fine of not more than 10000 yuan.

Article 27 (Legal Liability of Releasing False Information of Soliciting for Exhibition)

For the act of releasing false information of soliciting for exhibition in violation of the provision of the Article 10 of these Procedures, the industry and commerce administrative department shall order a correction, and may cumulatively impose a fine of not more than 30000 yuan.

Article 28 (Legal Liability of not Indicating the Lease of the Places and Grounds, and the Examination Situation of the Project)

For the act of not making a marked statement of the lease of the places and grounds, the situation of the examination of the project in violation of the provision of Article 11 of these Procedures, the industry and commerce administrative department shall order a correction within a prescribed time limit, and may cumulatively impose a fine of not more than 20000 yuan.

Article 29 (Legal Liability of Violating the Requirements Concerning the Security Administration and other Aspects)

For the act of arbitrarily holding exhibitions without obtaining the security permit, or passing the inspection on fire safety in violation of the provision of Article 13, Clause 1 of these Procedures, the public security administrative department or the fire fighting and prevention administrative department shall, in accordance with the provisions of relevant laws and regulations, impose a punishment.

For the act of failing to report for the record to the administrative departments of public security, communications, city appearance and environment sanitation in violation of the provision of Article 13, Clause 2 of these Procedures, the administrative departments of public security, communications, city appearance and environment sanitation shall order the party concerned to report for the record within a prescribed time limit, and may cumulatively impose a fine of not more than 30000 yuan.

Article 30 (Legal Liability of the Unit of Places and Grounds)

For the act of an unit of place or ground failing to report the situation of the lease of places and grounds for the record in violation of the provision of Article 19 of these Procedures, the industry and commerce administrative department shall order it to report for the record within a prescribed time limit, and may cumulatively impose a fine of not more than 2000 yuan.

Article 31 (Civil and Criminal Liability)

In case a party to the exhibition infringes upon the civil rights of other person and cause damages, he/she shall bear the civil liability in accordance with the provisions of the "General Rules of Civil Law of the People' s Republic of China" and other relevant laws and regulations.

In case a party to the exhibition violates the relevant provisions of these Procedures, and the wrongful act constitute a crime, he/she shall be prosecuted for criminal liabilities.

Article 32 (Remedy upon Refusing to Accept Specific Administrative Act)

In case a party to the exhibition does not accept the specific administrative act made by the relevant administrative department, he/she/it may, according to the provisions of the "Law of the People' s Republic of China on Administrative Reconsideration" or the "Administrative Litigation Law of the People' s Republic of China" , apply for administrative reconsideration or lodge an administrative suit.

Chapter V Supplementary Provision

Article 33 (Effective Date)

These Procedures shall become effective on May 1, 2005.