Rules of Shenzhen Economic Special Zone on
Administration of Outdoor Advertisements
(Promulgated as Order No.35 of Shenzhen Municipal Government on
October 18th,1994, and revised on May 28th,1998 in accordance with The
Decision on Revising the Rules of Shenzhen Economic Special Zone on
Administration of Outdoor Advertisements made by Shenzhen Municipal
Government.)
Article 1 In order to strength the administration of
outdoor
advertisements of
Shenzhen Economic Special Zone(hereinafter referred
to as Shenzhen), regulate the operating adverting activities, and
maintain the neatness and beauty of cityscape and traffic security, these
rules are formulated in accordance with pertinent national provisions,
and in light of practical situations of Shenzhen.
Article 2 Anyone who set up outdoor advertisements within the
territory of SZ shall abide by these rules.
The “outdoor advertisements” as referred to in these rules mean
the advertisements set up outside of buildings within the territory of
SZ , released through roadsides signs, light-boxes, neon lights, walls,
electronic display screens, signboards, posters, scrolls, balloons,
display windows, or the advertisements set up , drawn, posted or hung by
making use of transportation.
Article 3 The Administrative Department of Industry and Commerce of
Shenzhen Municipality(hereinafter referred to as the Administrative
Department of Industry and Commerce) is the organ in charge of outdoor
advertisements.
Administrative departments in charge of urban utilities, public
security, planning, and land resources of all levels shall accomplish the
administration of outdoor advertisements based on their respective
functions.
Article 4 The outdoor advertisements shall be set up in light of the
characteristics of urban functions, and in accordance with urban planning
and need of approved building design.
Article 5 The setup of outdoor advertisements shall practice the
system of joint examination and approval, carried out by the Municipal
Administrative Departments for Industry and Commerce, Urban Utilities,
Planning and Land Resources, and public security and traffic, which shall
present their examination decisions within their respective
responsibilities, and shall implement a ticket veto.
Conference of joint examination and approval shall be called in by
the ICAD and termly be held every month. The management measures of
Conference of joint examination and approval shall be separately
formulated by the Municipal Government.
Article 6 Any unit and individual who wants to operate outdoor
advertisement shall be obliged to apply to ICAD, and begin to operate after
receiving the “Business License of Business Corporation” or the
“Business License”, “License for Advertising Operation”(the
“License for Temporary Advertising Operation” for temporary outdoor
advertising operation) granted by ICAD with approval. Without approval,
the outdoor advertising operation shall not be carried out.
Article 7
Enterprises, institutions and individuals who need to
release outdoor advertisement shall commission the units, whose
management scope includes outdoor advertising operation(hereinafter
referred to as “advertisement publishers”)to release the advertisement.
However, the units and individuals who set up signboards or release
advertisement for publicizing oneself by making use of space of their
private sites shall release the advertisement by themselves after
approved by relevant departments according to paragraph 2 of this article.
Advertisement publishers shall fill in the “application form for
outdoor advertisement setup of Shenzhen Municipality”, submit planning
drafts, certificates for use of site and other identification documents
provided by laws, regulations and rules, make an application to the
Administrative Department of Industry and Commerce, and receive the
“License for Outdoor Advertisement Registration” if approved for the
release.
Advertisement publishers shall comply with the approved contents,
standards, venue and time limits in their release, and shall indicate the
registration numbers and the names of the publishers of outdoor
advertisements at
(Ⅰ)Where anyone unauthorized operates outdoor advertising business
without approval in violation of provisions of Article 6 of these rules,
he shall be ordered to make a rectification in prescribed time limit, be
confiscated his illegal gains by the law and be imposed a fine of 20,000
yuan;
(Ⅱ) Where anyone, in violation of provisions of paragraph 2 of
Article 6 of these rules, publishes advertisement without receiving the
“License for Outdoor Advertisement Registration”, he shall be ordered
to make a rectification in limited time, be confiscated its illegal gains
by the law and be imposed a fine of 5,000 yuan; if he fails to make a
rectification, he shall be ordered to dismantle the advertisement in
limited time; if the advertisement fails to be dismantled in the time limit,
dismantling shall be compelled, and the publisher shall be responsible
for the costs;
(Ⅲ) Where anyone, in violation of provisions of paragraph 3 of
Article 6 of these rules, publishes advertisement not according to the
approved contents, specifications, sites and time limit, or without
marking name of the publisher and the number of the “License for Outdoor
Advertisement Registration”, he shall be ordered to make a rectification
in limited time, and be imposed a fine of 1,000 yuan; if the advertisement
fails to be dismantled in the time limit, dismantling shall be compelled,
and the publisher shall be responsible for the costs;
(Ⅳ)Where, in violation of the provision of 1st paragraph of Article9
of these rules, the content of the advertisement is false, violates the
provisions of the laws, rules and regulations, and damages the public
interests, it shall be handled according to the Law of the People’s
Republic of China On Advertisement.
(Ⅴ)Where anyone, in violation of Article16 of these rules, operates
the businesses of outdoor advertisement by means of monopoly or unfair
competition, he shall be handled according to the Law of the People’s
Republic of China Against Unfair Competition.
Article 19 Anyone, who commits any act of the following, shall be
published respectively in the light of the seriousness of the
circumstances by the administrative department of urban utilities:
(Ⅰ) Where anyone, in violation of Article8 of these rules, posts
advertisements beyond the special columns of posted advertisement for
public, he shall be ordered to dismantle the advertisement in limited time,
be confiscated his illegal gains , and be imposed a fine of 500 yuan;
(Ⅱ)Where , in violation of the 2nd paragraph of Article9 and Article
10 of these rules, the advertisement impairs the view of cityscape and
destroy gardens and afforestation, or the advertisement is decolored,
damaged, obsolete, it shall be ordered to be maintained, renovated and
dismantled; if the advertisement fails to be maintained, renovated and
dismantled, dismantling shall be compelled, and the publisher shall be
responsible for the costs and be imposed a fine of not less than 500 but
not more than 1,000yuan ;
(Ⅲ) Where anyone, in violation of Article 11 of these rules, releases
the advertisement out of unity or the advertisements linked together are
nor kept integrity, he shall be ordered to make a rectification in limited
time and shall be imposed a fine of not less than 500yuan but not more
than 1,000yuan; if the rectification fails to be made in the time limit,
he shall be order to dismantle the advertisement in limited time; if he
fails to dismantle the advertisement in time limit, dismantling shall be
compelled, and the publisher shall be responsible for the costs;
(Ⅳ) Where anyone, in violation of Article 12 of these rules,
unauthorized hangs the scrolls and slogans without approve, he shall be
ordered to dismantle the advertisement in limited time and be imposed a
fine of 1,000 yuan ; if he fails to dismantle the advertisement in time
limit, dismantling shall be compelled, and the publisher shall be
responsible for the costs;
(Ⅴ) Where anyone, in violation of Article 13 of these rules, sets
up or posts the advertisement in the areas designated by the Municipal
Administrative Department for Planning and Land Resources, such as
government departments, cultural relic preservation agents and schools
and dominated belts all around, and in the districts that advertisements
are forbidden to be set up and posted by laws, regulations, rules and
provisions of government, he shall be confiscated his illegal gains, be
ordered to dismantle the advertisement in limited time and be imposed a
fine of not less than 1,000 yuan bur not more than 5,000 yuan; if he fails
to dismantle the advertisement in time limit, dismantling shall be
compelled, and the publisher shall be responsible for the costs;
(Ⅵ) Where anyone, in violation of Article 14 of these rules,
illegally occupies, demolishes, covers or destroys the outdoor
advertisement and its facilities, he shall be ordered to renovate the
advertisement in limited time, be responsible for the loses of the damager
and shall be imposed a fine of not less than 1,000 yuan bur not more than
5,000 yuan.
Article 20 In case a party is not satisfied with the punishment
decision, he may apply for reconsideration to the Municipal
Administrative department of Industry and Commerce, or the Municipal
Administrative Department of Urban Utilities, or Organization of
Administrative Rreconsideration of the People’s Government of Shenzhen;
and if the party is still not satisfied with the reconsideration decision,
he may bring a suit with the people’s count within 15 days from receipt
of the decision.
If a party neither applies for consideration nor complies with the
punishment decision within the time limit, the Administrative Department
of Industry and Commerce or the Administrative Department of Urban
Utilities shall reqest the people's court to enforce the decision.
Article 21 These rules shall enter into force as of the date of
promulgation. The Notice of the General Office of the People’s Government
of Shenzhen on reinforcing administration over advertisement shall be
avoid in the same time.
If the advertisment ste up before entry-into -force of the rules, the
publisher shall, within 6 months form the date of entry into force of the
rules, apply to the
Administrative Department of Industry
and
Commerce and go through relevant procedures; if he fails to make an
application within time limit, he shall be ordered to dismantle the
advertisement by
the
Administrative Department of Urban Utilities
within limited time; if he fails to dismantle the advertisement within
the time limit, dismantling shall be compelled.