(Promulgated by the State Council on October 26, 1987) Article 1. These Regulations are formulated for the purpose of strengthening the administration of advertisement, promoting Article 2. These Regulations shall apply to any advertisements published, broadcast, installed or posted in the People’s Article 3. The content of an advertisement must be true to facts, sound, clear and easy to understand and must not cheat users and ARticle 4. Monopoly and unfair competition shall be prohibited in advertising operations. Article 5. The administrative organs controlling advertisements shall be the State Administration for Industry and Commerce Article 6. Units and self-employed industrialists or businessmen wishing to engage in advertising businesses (hereinafter (1) For enterprises specializing in advertising business, Business Licences for Enterprises as Legal Persons shall be issued; (2) For institutions concurrently engaged in advertising business, Licences for Advertising Operation shall be issued; (3) For self-employed industrialists or businessmen capable of running advertising businesses, Business Licences shall (4) For enterprises concurrently engaged in advertising business, applications shall be filed with Article 7. The content of an advertisement to the published, broadcast, installed or posted shall be kept within the advertiser’s business Article 8. An advertisement that contains any of the following contents may not be published, broadcast, installed or posted: (1) That violates the laws and regulations of the State; (2) That impairs the national dignity of the State; (3) That involves designs of the national flag, national emblem or national anthem or the music of the national (4) That is reactionary, obscene, superstitious or absurd; (5) That is fraudulent; (6) That depreciates products of the same kind. Article 9. News media shall provide clear indications for the advertisement they publish or broadcast. News media may not Article 10. It shall be forbidden to advertise cigarettes through broadcast, television, newspapers or periodicals. After approval by administrative departments for industry and commerce, it may be allowed to advertise famous wines Article 11. Due certificates shall be presented in applying for publishing, broadcasting, installing or posting advertisements (1) For the commodity advertisements concerning standards of quality, certificates issued by administrative (2) For the advertisements which indicate commodities as prize-winners, certificates of award for the current (3) For the advertisements which indicate post_titles of high quality commodities, certificates of high-quality products (4) For the advertisements which indicate patent rights of commodities, patent licences shall be presented; (5) For the advertisements which indicate registered trademarks of commodities, certificates of trademark (6) For the advertisements of the products which require production permits, production permits shall be presented; (7) For the advertisements concerning culture, education and public health, certificates issued by the higher competent authorities (8) for the other advertisements which require due certification, papers issued by relevant government departments Article 12. Advertising operators shall check papers or certificates and examine the contents of advertisements while undertaking Article 13. For the installation and posting of outdoor advertisements, local people’s governments shall organize the administrative Advertisements may not be installed or posted in controlled areas near government organs or cultural relics Article 14. Rates of charges for advertisements shall be fixed by advertising operators and reported to local administrative departments Article 15. Rates of fees to be charged for acting as agents in advertising business shall be fixed by state administrative departments Rates of fees to be charged for the use of places and buildings for outdoor advertisements shall be fixed through consultations Article 16. Advertising operators must, according to the relevant prescriptions of the State, set up bookkeeping records, pay taxes Article 17. In undertaking or acting as agents in advertising business, advertising operators shall sign with advertisers or those Article 18. Advertisers or advertising operators who have violated the provisions of these Regulations shall be given the following (1) Stopping advertising; (2) Making public corrections as ordered; (3) Circulating a notice of criticism; (4) Confiscation of the illegal gains; (5) Fines; (6) Suspending business for consolidation; (7) Revocation of the business licences or the licences for advertising operation. If the violations of the provisions of these Regulations are so serious as to constitute crimes, criminal responsibilities Article 19. If advertisers or advertising operators disagree with the penalties decided upon by administrative departments for industry Article 20. Advertisers or advertising operators who, in violation of the provisions of these Regulations, have caused losses With respect to claims for damages, the claimant may request the administrative departments for industry Article 21. These Regulations shall be interpreted by the State Administration for Industry and Commerce. The rules for implementation Article 22. These Regulations shall go into effect as of December 1, 1987. The Interim Regulations on Control of Advertisement
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Source:MOFTEC |