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Procedures of Shanghai Municipality on the Installation, Planning and Administration of Outdoor Advertisements
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| (Promulgated by Decree No. 65 of the Shanghai Municipal Government on January 27, 1999) Article 1 Purpose and Basis These Procedures are formulated to standardize the installation and the administration of outdoor advertisements in this Municipality pursuant to Article 33 of the Advertisement Law of the People' s Republic of China, and with the particular circumstances of this Municipality taken into consideration. Article 2 Scope of Application These Procedures shall apply to the installation of outdoor advertisements within the administrative jurisdiction of this Municipality, and all the administrative activities in connection therewith. Article 3 Definitions Outdoor advertising facilities in these Procedures refer to outdoor commercial advertising facilities installed in the following forms: 1. Signposts, light boxes, neon signs, electronic signboards or screens and modeling of material objects that use buildings, structures, sites and spaces (hereinafter referred to as positions) owned by the public, by the business itself, or by other persons; and 2. Colored flags, scrolls, and balloons installed on publicly owned positions, or positions owned by the business itself or by other persons. Article 4 Administrative Department The Administrative Department of Industry and Commerce is the competent authorities in charge of the advertising business of this Municipality and the comprehensive coordinator for the administration of outdoor advertisements. The municipal or district / county Administration of Industry and Commerce (hereinafter referred to as the municipal SAIC or the district / county SAIC) shall be in charge of the examination and verification of the business qualification in connection with the installation of outdoor advertisements, and the registration of the contents of outdoor advertisements, and the supervision, administration and comprehensive coordination of outdoor advertisements. The municipal or district / county urban planning bureau (hereinafter referred to as the municipal planning bureau or district / county planning bureau) shall be in charge of the examination and verification, supervision and administration of planning and construction of the installation of outdoor advertisement facilities in this Municipality. The office of municipal or district / count the administration of the committee of municipal administration (hereinafter referred to as OMCMA, ODCMA, or OCCMA) shall be in charge of the examination and verification of the installation of outdoor advertisement in this Municipality with respect to their effect on the appearance of the city, and for the supervision and administration in connection therewith. The departments for municipal administration, public parks, public security, public utilities, housing and land, finance, price control, broadcast and television, etc. shall coordinate in the implementation of these Procedures in accordance with their respective duties. Article 5 Principles for Installation The installation of outdoor advertising facilities, shall comply with the requirement of the city planning, and be suited to the functions of the city regional planning, and shall be rationally distributed and be installed standardized. Outdoor advertising facilities shall be firm and secure, be in harmony with their surroundings, and shall meet the demand of beautifying the city appearance. Article 6 Planning and Technical Standards for Positions Plans for installation positions of outdoor advertising facilities shall be worked out for important areas and roads in this Municipality. The installation of outdoor advertising facilities that fall under Article 3, Item 1 of these Procedures in important areas and along important roads shall conform with the planning for the installation of positions of outdoor advertising facilities. The plan for installation of positions of outdoor advertising facilities jointly with the other relevant departments. The installation of outdoor advertising facilities, shall comply with the technical standards. The municipal planning bureau shall formulate jointly with other relevant departments the technical standards for the installation of outdoor advertising facilities in combination with the requirements of the plans for installation of positions of outdoor advertisement facilities. Article 7 Acquisition of the Right to Use Positions The right to use the positions installed with outdoor advertisements may be acquired through negotiation, bid invitations, auction, etc. To utilize the public positions to install outdoor advertising facilities in important areas and along important roads in this Municipality the right to use positions shall be acquired through assignment by means of bid invitation, auction or other forms of open competition. Article 8 Prohibitions Installation of outdoor advertising facilities is prohibited under any of the following circumstances: 1. If the advertisements use traffic signs or traffic safety facilities; 2. If the advertisements affect the proper use of municipal public facilities, traffic safety facilities, and traffic signs; 3. If the advertisements interfere with productive activities or the life of the people, or are detrimental to the appearance or the look of the city, or the image of buildings. 4. If the advertisements use shade trees, or damage the green lungs; or 5. If the advertisements are stalled in construction control areas of State organs, protected sites of cultural relics, modern buildings of fine architecture and scenic spots. 6. If the advertisements are installed in areas or on carriers that are forbidden to have such advertisements by the Municipal government. Article 9 Allotted Time for Installing Such Facilities As a general rule, the allotted time for installation of outdoor advertisements shall not be for more than 3 years. Installation of electronic signboards or screens shall be not more than 6 years. When it is necessary to extend the allotted time, formalities for a renewal of the term shall be gone through at the original examination and approval authority within 30 days prior to the expiration of the term. When it is necessary to put up temporary advertising facilities for big cultural or sports or public welfare activities, or trade fairs of various kinds, the advertising facilities shall be removed within 7 days after such activities are over, except when they are allowed to remain in place by the unanimous approval of all original examination and approval authorities. Outdoor advertising facilities shall be put up within 6 months after the date of their approval. If they are not put up within the period, the approval shall become invalid. Article 10 Competence for Accepting and Handling Applications The applications for installing outdoor advertising facilities shall be subject to the following limitations: 1. The municipal SAIC shall be responsible for accepting and handling applications for installation of outdoor advertising facilities in important areas and along important roads; or 2. The district / county SAIC shall be responsible for accepting and handling the installation of outdoor advertisements in areas other than those in Item 1 of this Article. Article 11 Materials to be Submitted Together With the Application for Installation of Outdoor Advertising Facilities The following materials shall be submitted in applying for installation of outdoor advertising facilities: 1. Business license; 2. Certification of approval for doing business in advertising; 3. Certificate for the right to use positions to install outdoor advertising facilities; and 4. Design drawings and effect drawings of the outdoor advertising facilities. The applicant who uses outdoor advertising facilities for self propaganda shall submit materials under Item 1, 3, and 4 of the preceding Section. Article 12 Examination and Approval Procedures for Installation of Outdoor Advertising Facilities The application, examination and approval in connection with the installation outdoor advertising facilities that fall under Article 3, Item 1 of these Procedures shall follow the following procedures: 1. The applicant shall submit the application to the municipal or district / county SAIC in accordance with Article 10 of these Procedures, fill out the Application Form of Shanghai Municipality For Installation Outdoor Advertising Facilities (hereinafter referred to as the application form) together with the materials listed in Article 11 of these Procedures; 2. The municipal or district / county SAIC shall examine and verify the business qualification of the applicant, and upon examination, verification and approval, shall stamp the application form with its official seal and then submit it to the municipal or district / county planning bureau together with the application materials; 3. The municipal or district / county planning bureau shall examine and verify the application form for planed construction, and upon examination, verification and approval, shall stamp the application form with its official seal and then submit it to the municipal or district / county office of municipal administration committee together with the application materials; and 4. The municipal or district / county office of municipal administration committee shall examine and verify the application for the purpose of city appearance, and upon examination, verification and approval, shall stamp the application form with its official seal. The application, examination and approval in connection with the installation of outdoor advertising facilities listed in Article 3, Item 2 of these Procedures shall be processed in accordance with the provisions of the preceding Section by the municipal or district / county SAIC and the municipal or district / county office of municipal administration committee. The transfer of the right to use of outdoor advertising facilities installing positions through assignment by means of bid invitation, auction or other forms of open competition, the municipal or district / county SAIC shall have preliminary examinations jointly with other examination and approval organs on the installation of outdoor advertising facilities and on the participating competitors. Article 13 Completion of Other Relevant Formalities To apply for the installation of outdoor advertising facilities, the applicant shall, after obtaining approval from the examination and approval organ designated by these Procedures, complete the following formalities based on the application form, which is affirmed with the seal by the examination and approval organ designated by this Procedures: 1. Pay the city appearance maintenance fee to the municipal or district / county office of municipal administration committee; 2. Complete the formalities for obtaining the construction project planning permit with the municipal or district / county planning bureau on a case -- by -- case basis; 3. Register the contents of the outdoor advertisements with the municipal or district / county SAIC; and 4. Complete formalities with the electric power department, municipal administration department and other relevant departments for power supply, digging, and other relevant formalities. Article 14 Content Registration of Outdoor Advertisements To register the contents of an outdoor advertisement, the following materials shall be submitted to the municipal or district / county SAIC: 1. Documents certifying that the contents of the advertisements are truthful and lawful; 2. Samples of the advertisements; 3. The advertising contract; and 4. The lawful and valid application form. For outdoor advertisements whose contents shall be examined under the laws and administrative regulations by relevant administrative departments before their release, the approval documents of the relevant administrative departments shall also be submitted. When it is necessary to alter the contents of outdoor advertisements, formalities to register the alteration shall be completed. Article 15 Time limit for Examination and Verification The municipal or district / county SAIC, the municipal or district / county planning bureau and the municipal or district / county office of municipal administration committee shall complete the formalities of examination and verification within 10 days after they accept the application for installing outdoor advertising facilities or receive the application materials. Failure to come up with an opinion within the prescribed period shall be deemed to be an approval. Article 16 Restrictions on Alteration of Installation of Outdoor Advertising Facilities Outdoor advertising facilities shall be installed in compliance with the approved and registered places, dates, specifications, design drawings and effect drawings, and no changes shall be made without authorization. When it is necessary to make alteration, formalities for approval of the alteration shall be completed in the same procedure as formalities for approval for installing outdoor advertising facilities. Article 17 Requirements Regarding Contents of Outdoor Advertisements In outdoor advertisements, the proportion of space or time used for contents propagating public welfare shall take up no less than 10%. The contents of outdoor advertisements shall be truthful, healthy and in conformity with laws, regulations and rules. Any form of fraud for the purpose of cheating users or consumers shall be prohibited. The Chinese characters, letters and symbols in the outdoor advertisements shall be in conformity with the prescribed standards of the state. Article 18 Maintenance of Advertising Facilities Applicants for approval to install outdoor advertising facilities shall keep the facilities clean, tidy and in good condition, and shall make replacements and repairs whenever necessary. They shall have regular examinations to check whether the outdoor advertising facilities are secure, and shall take proper measures to remove safety hazards before a typhoon or during the flood season. Article 19 Removal of Facilities Upon expiration of the term for an outdoor advertising facility, the applicant of the installation shall promptly remove the facility. When due to an adjustment of the city planning or for reasons of public interest, it is necessary to remove outdoor advertising facilities, the municipal or district / county planning bureau and the municipal or district / county office of municipal administration may give written notice within each' s functions and duties, requesting the applicants to remove the outdoor advertising facilities. Relevant beneficiaries shall make proper compensations to applicants of the installation of the facilities. When, for reasons mentioned in the preceding Section, the municipal or district / county planning bureau and the municipal or district / county office of municipal administration have given written notice requesting an applicant to remove the outdoor advertising facilities, and the applicant refuses to comply, the municipal or district / county planning bureau and the municipal or district / county office of municipal administration shall have the power to remove the facilities for the applicant, the expenses incurred shall be borne by the applicant. Article 20 Reduction or Exemption of City Appearance Maintenance Fee When the right to use outdoor advertisement positions are acquired through bid invitation, at an auction, or through other means of open competition, the applicable rate of city appearance maintenance fee shall be lower than the rate for the right to use outdoor advertisement positions that are acquired through agreement. When advertisements have contents propagating public welfare in accordance with relevant stipulations, the city appearance maintenance fee shall be reduced in proportion to the space or time such public welfare contents take in the total space or time taken by the advertisements. Article 21 Depositing and Use of City Appearance Maintenance Fee The city appearance maintenance fees collected by the municipal or district / county office of municipal administration shall be deposited into a special account of the finance department, and shall only be used to improve the city appearance and the look of the city. Article 22 Prohibited Activities of Operation Any form of monopoly or unfair competition is prohibited in the operation of outdoor advertising business. Administrative organs that have the power to examine and verify outdoor advertisements, or have the duty of supervision and administration shall not engage in any form of advertising business and shall not accept an advertising business as its subsidiary or subordinate unit. Article 23 Penalties for Violation of SAIC Rules For violation of SAIC rules in the business of outdoor advertising activities, the municipal or district / county SAIC shall order the wrongdoing party to correct, and may give at the same time a warning or impose a fine in accordance with the following provisions: 1. Not more than RMB 5,000 yuan for unauthorized release of advertisement without registration; 2. Not more than RMB 2,000 yuan for altering the content of the advertisement without registering the alteration; or 3. Not less than RMB 5,000 yuan to not more than RMB 20,000 yuan if the proportion of the contents propagating public welfare takes up less than 10% of the total space or time of the contents of the outdoor advertisement. For violation of other SAIC rules, the municipal or district / county SAIC shall impose penalties in accordance with relevant SAIC rules. Article 24 Penalties for Violation of Rules on Administration of City Appearance For violation of rules on administration of city appearance in the installation of outdoor advertising facilities, the municipal or district / county office of municipal administration shall order the wrongdoing party to correct, and may give at the same time a warning or impose a fine in accordance with the following: 1. Not less than RMB 5,000 yuan to not more than RMB 30,000 yuan for installing outdoor advertising facilities without approval; 2. Not less than RMB 2,000 yuan to not more than RMB 20,000 yuan for failure to remove approved outdoor advertising facilities upon the expiration of the term without completing the formalities for a renewal; or 3. Not less than RMB 5,000 yuan to not more than RMB 20,000 yuan for installing outdoor advertising facilities without adhering to the technical standards, the approved places, or the design drawings and effect drawings; The municipal or district / county office of municipal administration may order the removal of outdoor advertising facilities within a set period that have been installed in violation of Item 1 or 2 of the preceding Section. If the wrongdoing party refuses to remove such facilities, the municipal or district / county office of municipal administration may have them removed and order the wrongdoing party to pay the cost of removal. Article 25 Penalties for Acts Against Planning and Other Relevant Provisions In installing outdoor advertising facilities the municipal or district / county planning bureau shall punish those who violate the provisions on planning administration. Relevant departments shall punish according to law those who violate other relevant provisions in installing outdoor advertising facilities or in releasing activities of contents of advertisements. Article 26 Administrative Supervision A superior organ for examination and approval of outdoor advertising facilities installation shall order a subordinate organ for examination and approval of outdoor advertising installation to correct or revoke an inappropriate decision on examination and approval of outdoor advertising facilities. Article 27 Civil Liability for Damages The applicant for approval to install outdoor advertising facilities shall be held liable for damages if he fails to repair or replace outdoor advertising facilities and if such facilities collapse or fall, causing personal injuries, or damage, or loss of property. Article 28 Procedure for Penalty For decisions of administrative penalty, the relevant administrative organ shall issue letters of administrative penalty. Upon payment of the fines, the relevant organ shall provide a receipt of fines and confiscated property uniformly printed by the municipal finance department. Article 29 Obstructing the Execution of Official Duties The public security department shall punish according to law those who refuse or obstruct the execution of duties by relevant administrative officials in violation of the Regulations of the People' s Republic of China on Public Security Administration and Imposition of Punishment, and shall be prosecuted for criminal liability, if the wrong is serious and constitutes a crime. Article 30 Investigation of Wrongful Acts by Law Enforcement Personnel Relevant administrative personnel shall observe disciplines and abide by laws, and shall enforce the law impartially. Those who neglect their duties, abuse their powers, or commit fraudulent acts for personal gains shall be given disciplinary sanction if their wrong does not constitute a crime, and shall be prosecuted for criminal liability if what their wrong constitutes a crime. Article 31 Administrative Review and Litigation If the party concerned refuses to accept as final a specific administrative act of a relevant administrative authority, he may apply for administrative review or bring a legal action in accordance with the Regulations on Administrative Review or the Administrative Litigation Law of the People' s Republic of China. If the party concerned neither applies for administrative review of an administrative act nor brings an action within the prescribed period of time, nor does it perform the administrative act, the administrative department doing the administrative act may apply to the People' s Court for enforcement. Article 32 Items to Be Provided Separately Procedures on the administration of releasing outdoor advertisements using special carriers such as vehicles, ships, airplanes and the administration of facilities and contents of outdoor public welfare propaganda, shall be separately provided for by the Municipal People' s Government. Article 33 Effective Date and Revocation These Procedures shall become effective on May 1, 1999. The Circular Regarding Strengthening the Administration of Outdoor Advertisements of this Municipality promulgated by the General Office of the Shanghai Municipal People' s Government on October 12, 1991 shall be repealed at the same time. |
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