Advertising laws and regulations

Measures of Hubei Province on Implementing the Advertising Law of People's Republic of China (PRC)

Promulgated by the Standing Committee of Hubei Provincial People's Congress

Date of promulgation: 1997 1203

Implementation date: 1997 1203

"Hubei province to implement the" People's Republic of China (PRC) advertising law "approach" has been Hubei.

The 3rd1meeting of the Standing Committee of the Eighth Provincial People's Congress was held on February 3rd, 1997.

Through, is hereby promulgated.

Full text of chapter name

Article 1 In order to standardize advertising activities, promote the healthy development of advertising industry and give full play to the role of advertising in society.

The positive role of the socialist market economy protects consumers and advertisers, advertising agents and advertising agencies.

The legitimate rights and interests of cloth, according to the "People's Republic of China (PRC) advertising law" and related laws and regulations, needle.

Combined with the actual situation in our province, these measures are formulated.

Article 2 These Measures shall apply to units engaged in advertising business activities within the administrative region of this province.

And individuals.

The term "advertising" as mentioned in these Measures refers to the expenses borne by commodity operators or service providers through newspapers.

Direct or indirect introduction of publications, radio, television, movies, printed matter, neon lights and other media or forms.

Commercial advertisements for the goods or services they sell.

Article 3 The administrative department for industry and commerce of the provincial people's government is the advertising supervision and management organ of the whole province. city

The administrative department for industry and commerce of the state and county (District) people's governments shall be responsible for the advertising activities within their respective administrative areas.

Move, supervise and manage.

Article 4 People's governments at or above the county level and their administrative departments for industry and commerce shall actively create conditions.

Gradually implement the advertising agency system to create a good external environment for the development of the advertising industry.

Article 5 The administrative department for industry and commerce at or above the county level shall, jointly with relevant departments, formulate regulations on the administration of public service advertisements.

Row; Advertising agents and publishers shall design, produce and publish a certain number of public service advertisements every year.

Tell me.

Article 6 The contents of advertisements shall be true and lawful and meet the requirements of socialist spiritual civilization construction.

, shall not deceive and mislead consumers.

Article 7 Images, languages, Chinese Pinyin and units of measurement used in advertisements shall be consistent.

Comply with the relevant provisions of the state.

Advertisements must not imitate others in overall design, words, slogans, explanations, music, etc.

Advertisements mislead consumers.

Article 8 In addition to observing the provisions of laws and regulations, the following advertisements shall be clear, understandable and complete.

Set out the relevant matters:

(1) Advertisements offering discounts and profits in selling goods and providing services shall be marked with discounts.

The term, scope and amount of benefits and preferences;

(2) Advertisements that promote goods and provide services with gifts are limited and limited.

The total amount and duration of the gift shall be indicated;

(3) An advertisement with special accessories for promotional equipment shall also indicate that the equipment must be purchased.

Accessories and prices;

(four) advertising to promote seeds and seedlings shall indicate the geographical scope suitable for planting and breeding.

And conditions;

(5) Advertisements promoting technology shall indicate the name of the technical appraisal department and the appraisal time;

(six) mail order advertising, information advertising, technology transfer advertising should be marked in a prominent position.

Indicate the real name, detailed address and contact time of the advertiser. Mail-order commodity advertisements should also

Indicate the time limit for sending mail-order goods after receiving remittance;

(seven) the use of scientific inventions and other scientific research achievements in advertisements shall be accurate and appropriate, and shall be indicated.

Location.

Ninth advertising to promote equipment, seeds, seedlings and technology shall not contain analysis and prediction.

The market supply and demand situation and economic effect of products, seeds, seedlings and technologies produced by this equipment.

And the promise of fraudulent package acquisition of production products.

Goods and services whose advertising is prohibited by laws and regulations shall not be designed, produced or published.

Advertising.

Article 10 The mass media shall not publish advertisements in the form of news reports, surveys and interviews.

Advertisements published through the mass media should be marked with the word advertisement, which is different from other non-advertising information.

, shall not make consumers misunderstand.

Eleventh medical advertisements shall not contain the following contents:

(1) It contains unscientific assertions or guarantees indicating efficacy;

(two) to publicize the cure rate, effective rate and other diagnosis and treatment effects;

(three) the use of medical research units, academic institutions, medical institutions or experts, doctors and patients.

The name and image of the certificate;

(4) involving drugs and preparations.

Twelfth units and individuals engaged in the following advertising activities must comply with the relevant provisions of the state.

, to the administrative department for Industry and Commerce for advertising business registration:

(a) engaged in advertising business activities or organized literature, art, sports, exhibitions, selection and other activities.

Involving temporary advertising business;

(2) Setting up and publishing outdoor advertisements, or setting up advertisement display screens;

(3) engaging in print advertising activities;

(four) other circumstances in which the laws, regulations and rules shall handle the advertisement registration procedures.

Thirteenth advertising agents and publishers shall be from 1 month 1 day to April 20th every year.

Apply to the administrative department for industry and commerce for the annual inspection of advertising business qualifications. The administrative department for industry and commerce on the annual

Those who pass the inspection shall be announced.

Article 14 Advertisers, advertising agents and publishers shall conclude advertising activities in written form.

The contract must use the model text of the advertising contract uniformly produced by the administrative department for industry and commerce.

Fifteenth advertising agents and publishers should be equipped with advertising examiners, responsible for advertising.

To review the content.

The advertising examiner shall hold the "Advertising Examiner Qualification Certificate" issued by the provincial administrative department for industry and commerce.

",can be engaged in advertising reviews.

Article 16 An approved advertisement shall not broadcast the advertisement approval number except broadcasting.

Others shall publish the advertisement approval number at the same time; Printing advertisements shall print approval documents in a prominent position.

Number, printer name and address.

Seventeenth advertising agents and publishers should establish an advertising file management system, single

Set up advertising accounting books independently and use special invoices for advertising industry.

Eighteenth people's governments at all levels should strengthen the organization and management of outdoor advertising and promote outdoor advertising.

Tell about the healthy development of the industry and beautify the urban environment.

People's governments at or above the county level shall organize industry and commerce, urban construction and transportation according to the overall planning of urban development.

Traffic, public security, land and other departments to develop specific plans for outdoor advertising. Specific planning by the people at the same level

After the approval of the people's government, the administrative department for industry and commerce shall supervise the implementation.

Nineteenth outdoor advertising, laws and regulations shall solicit the opinions of relevant departments in advance.

The relevant departments shall make a reply within seven days from the date of accepting the application; Agree to the establishment, by the local

After examination and registration by the local administrative department for industry and commerce, it can be set up in the approved lot or building.

Outdoor advertising should be neat, safe and beautiful.

Outdoor advertisements approved for installation shall not be dismantled by any unit or individual without authorization within the validity period.

Cover up, destroy. If it is really necessary to dismantle the urban construction, the advertising operators must be informed in advance, and

According to the relevant regulations.

Twentieth the construction of outdoor advertising facilities need to occupy space or buildings, by the construction unit or

The applicant shall obtain the consent of the owners and users of the site and buildings, and pay the site fee or building use fee.

Occupancy fee. Site fees and building occupancy fees are charged by the provincial administrative department for industry and commerce.

Formulated in consultation with the provincial price, finance and urban construction departments, and implemented after approval by the provincial people's government.

Except as stipulated by laws and regulations and approved by the provincial people's government, no unit or individual may go abroad.

Tell operators and advertisers to charge fees.

Article 21 The printer of printed advertisements shall check the information provided by the clients in accordance with the provisions of the state.

Relevant documents should be printed according to the content and quantity approved by the administrative department for industry and commerce.

Posting printed advertisements shall be carried out within the scope and place determined by the administrative department for industry and commerce, and shall not

Damage the city appearance.

Twenty-second drugs, medical devices, pesticides, veterinary drugs, advertising, before the release of the province.

Review by the administrative department; Medical treatment, cosmetics, agricultural (forestry) crop seeds, seedlings, health food.

Product advertisements shall be examined by the relevant administrative departments at or above the county level before they are released. Unaudited approval

Quasi, shall not be released.

The contents of food and alcohol advertisements must conform to the hygiene licensing items.

Twenty-third administrative departments shall examine the contents of advertisements before they are released according to law.

Make a review decision within seven days from the date of management. Where laws and regulations provide otherwise, such provisions shall prevail.

The advertisement content approved by the administrative department shall not be modified by the advertisement publisher; Found an error

The administrative department shall request a re-examination.

Twenty-fourth approved advertisements, advertisers or advertising agents shall not publish advertisements.

Before the advertisement is released, the applicant shall send a copy of the advertisement examination decision and other documents and materials to the advertisement examination institution.

The administrative department for industry and commerce at the same level of the organ shall put it on record. The administrative department for industry and commerce finds that the advertisement for record violates

In violation of laws and regulations, it shall notify the advertising examination organ to re-examine.

Twenty-fifth administrative departments for industry and commerce in the supervision and inspection of advertising activities, can do the following

Exercise the following powers:

(a) in accordance with the prescribed procedures to ask the advertisers, advertising agents and publishers.

And require them to provide certification materials or other materials related to advertising activities;

(2) Inquiring and copying contracts, account books, bills, documents and records related to advertising activities.

And other information;

(3) Reproduction of advertising works related to advertising activities.

Twenty-sixth in violation of the provisions of these measures, one of the following acts, by the industry and commerce at or above the county level

The administrative department shall deal with the responsible advertisers, advertising agents and advertising publishers respectively.

Fines:

(a) in violation of the provisions of the first paragraph of article seventh, shall be ordered to make corrections or stop publishing;

(two) in violation of the provisions of the second paragraph of article seventh, article ninth and article twelfth, shall be ordered to make corrections or

Stop advertising activities, confiscate the illegal income, and impose a fine of more than 1000 yuan and less than 10000 yuan;

(three) in violation of the provisions of article eighth, article eleventh and article twenty-second, shall be ordered to stop publishing or

If it is corrected publicly, the advertising expenses shall be confiscated and a fine of not less than one time but not more than five times the advertising expenses may be imposed.

In violation of the provisions of article eleventh, if the circumstances are serious, the advertising business shall be stopped according to law;

(four) in violation of the provisions of thirteenth and sixteenth, shall be ordered to declare or correct within a time limit; exceed

If it fails to declare or make corrections within the time limit, it shall stop its advertising business according to law.

Twenty-seventh in violation of the provisions of article twenty-first, by the administrative department for Industry and commerce at or above the county level.

Order the printer to stop printing, confiscate the illegal income, and may impose a fine of more than 5,000 yuan 1 10,000 yuan.

Payment.

Twenty-eighth parties to advertising violations hinder law enforcement inspection, refuse or delay the provision.

The administrative department for industry and commerce shall be responsible for the relevant information and circumstances, or for the act of deliberately providing false information and circumstances.

It shall be ordered to make corrections within a time limit. If it fails to make corrections within the time limit, it may stop its advertising business according to law.

Twenty-ninth in violation of the provisions of these measures, publishing false advertisements to deceive and mislead consumers,

If the legitimate rights and interests of consumers are harmed, advertisers shall bear civil liability according to law; Advertising operator

Advertisers who design, produce and publish advertisements knowing or should know that they are false shall bear the responsibility according to law.

Joint and several liability; Social organizations or other organizations recommend goods or services to consumers in advertisements.

Damage to the legitimate rights and interests of consumers, shall bear joint and several liability according to law; Constitute a crime

, shall be investigated for criminal responsibility according to law.

The advertising examination organ shall be directly responsible for making a decision on the examination and approval of illegal advertising contents.

The directly responsible person in charge and other directly responsible personnel shall be decided by the unit to which they belong or the higher competent department and supervision department according to law.

The law gives administrative sanctions.

Article 30 The staff of the administrative department for industry and commerce and the advertising examination institution neglect their duties,

Breach of privilege, corruption, given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.

The thirty-first party refuses to accept the decision on administrative punishment, it may apply for reconsideration or to

The people's court sued. Fails to apply for reconsideration, prosecute or perform the punishment decision within the time limit.

The organ that made the decision on punishment shall apply to the people's court for compulsory execution.

Thirty-second problems in the application of these Measures shall be interpreted by the provincial administrative department for industry and commerce.

Article 33 These Measures shall come into force as of the date of promulgation.