447. Administrative Measures of Shenzhen Municipality on Outdoor Advertisement 深圳市户外广告管理办法

发布时间:2017-12-08来源:市法制办字体:【 【内容纠错】

  Administrative Measures of Shenzhen Municipality on Outdoor Advertisement

  (promulgated as Order No.251 of Shenzhen Municipal Government on July 15, 2013, and go into effect as of September 1, 2013.)

  Chapter One General Provisions

  Article 1 In order to strengthen the administration to outdoor advertisements, regularize the installation and registration of outdoor advertisements and create a standardized, orderly, clean and beautiful city appearance and environment, these Measures are formulated according to the provisions of Advertising Law of the People's Republic of China, Administrative Regulations of the Shenzhen Special Economic Zone on the City Appearance and Environmental Sanitation and other laws and regulations as well as combining with the actual situation of this Municipality.

  Article 2 These Measures are applicable to the installation, registration and other administrative activities of outdoor advertisements within the administrative area of this Municipality.

  Article 3 The outdoor advertisement in these Measures refers to the commercial or public welfare advertisement that is published with a form of display card, lamp house, neon light, Luminous font, electronic display, electronic turning board, bulletin board, cloth marked, balloons, physical modeling, sign and so on, making use of outdoor arena and space, and bus shelter, newsstand, telephone booth, the wall of building site and other public, private or other people’s building, structure as well as public transport vehicle body and other outdoor facilities.

  The sign in these Measures refers to the self installed outdoor advertisement that is installed at the registered address of the unit and the statutory control area of legal business place, propagating unit name, address, business scope, legal representative or person in charge and contact means.

  Article 4 The installation of outdoor advertisement shall observe the following principles:

  (1) The principle of safety, which means the installation of outdoor advertisement shall comply with the requirements of relevant safety technical norms and relevant provisions of road traffic safety.

  (2) The principle of energy conservation and environment protection, which means the installation of outdoor advertisement shall adopt new technology, new material and new process of low-carbon, green, environmental protection.

  (3) The principle of quality, which means the shape, specification, material, color, etc. of outdoor advertisement shall be in harmony with the whole landscape of urban space and creative design is encouraged, in order to improve the quality of outdoor advertising settings.

  Article 5 The municipal competent administrative department of urban management (herein after referred to as the municipal urban management department) is the competent department of the installation of outdoor advertisement, which shall organize relevant departments to formulate the installation guidelines and special plans of outdoor advertisement, be responsible for the supervision and administration of the whole city’s outdoor advertisements and be responsible for examining and approving the following outdoor advertisements:

  (1) be responsible for auctioning the right to install outdoor advertisement on public land as well as examining and approving the installation;

  (2) be responsible for examining and approving the installation of column advertisement and electronic display advertisement with the area more than 10 square meters;

  (3) be responsible for examining and approving the application of key enterprise for installing outdoor advertisement with uniform standards crossing districts.

  The district (including the administration organ of new district) competent administrative department of urban management (hereinafter referred to as the district urban management department) is the competent department of the installation of outdoor advertisement within its jurisdiction, which is responsible for examining and approving the installation of outdoor advertisement except those provided in the proceeding paragraph and is responsible for supervising and administering the outdoor advertisement within its jurisdiction.

  The municipal urban management department shall strengthen the supervision to the examination and approval of outdoor advertisement of the district urban management department and formulate concrete measures of supervision.

  Article 6 The municipal administrative department of market supervision (hereinafter referred to as the market supervision department) is the competent department of the content of outdoor advertisement, which is responsible for examining, registering, supervising and administering the content of outdoor advertisement.

  Article 7 The land planning, transportation, police, meteorological, financial and other departments shall do well the work related to outdoor advertisement management, in accordance with their respective functions.

  Article 8 The municipal urban management department and market supervision department shall establish an information sharing mechanism to strengthen business collaboration and shall establish an information exchange mechanism of the installation and registration approval of outdoor advertisement to realize online query of the information about the examination and approval of outdoor advertisement.

  The municipal urban management department and market supervision department shall establish an electronic information retrieval system of outdoor advertisement to provide convenience to public for querying information and supervise the approval and law enforcement of the competent department.

  Article 9 The advertising industry association in Shenzhen shall strengthen industrial self-discipline, standardize industry management and create a market environment with fair competition and business integrity

  Chapter Two Installation Guidelines of Outdoor Advertisement

  Article 10 The municipal urban management department shall formulate the installation guidelines of outdoor advertisement together with municipal planning department and municipal transportation department, which shall be put in force upon the approval of Municipal People’s Government.

  The installation of outdoor advertisement shall comply with the requirements of the installation guidelines of outdoor advertisement.

  Article 11 The municipal urban management department shall formulate the special plans of outdoor advertisement together with the municipal planning department according to the principles of total amount control and reasonable layout and organize its implementation.

  When formulates the special plans of outdoor advertisement, the municipal urban management department shall make it publicity to the society and solicit public opinions and the publicity time shall not be less than 30 days.

  Article 12 The district urban management department shall formulate the special plans of urban key area, landscape sensitive areas, important landscape road, special business district and other specific locations to improve the quality of outdoor advertisement.

  The special plans of outdoor advertisement of specific location shall be public to the society and the publicity time shall not be less than 30 days. The special plans of outdoor advertisement of specific location shall be put into force upon the approval of the municipal urban management department.

  Article 13 The installation of outdoor advertisement shall not be allowed in the following cases:

  (1) The installation is in the controlled areas of state organ, school, scenic area, nature reserve, cultural relics protection unit, memorial architecture and symbolic building identified by the Municipal People’s Government;

  (2) The installation is on traffic safety facilities and traffic marks or the installation would affect normal use of them;

  (3) The installation is on road, bicycle lane or pavement surface;

  (4) The installation is in the space beyond the external contour lines of building roof;

  (5) The installation would affect normal use of municipal public utilities or barrier-free structures;

  (6) The installation is in other region or carrier where outdoor advertisement is prohibited to be installed according to law.

  The outdoor advertisement with a balloon as its carrier is not allowed within the limits of airport or within the airport obstacle clearance protection zone defined according to law.

  Chapter Three The Installation of Outdoor Advertisement

  Article 14 Any one that installs outdoor advertisement by making use of public land, it shall acquire the right to install outdoor advertisement through auction. Whereas there are separate provisions by the Municipal People’s Government, those provisions shall prevail.

  The public land in these Measures refers to the land, of which the government does not grant the right to use or the government has the right to use, and the building (structure) on it.

  Article 15 The municipal urban management department shall be responsible for organizing the auction of the right to install outdoor advertisement on public land. If the public land is newly increased land, the municipal urban management department shall ask for opinions of the municipal planning department when it formulates auction scheme. It shall also ask for opinions of the municipal transportation department if the public land is beside road.

  If the right to install outdoor advertisement on public land is acquired through auction, the municipal urban management department shall conclude a contract of granting the right to install outdoor advertisement on public land with buyer and charge one-time auction price. Auction revenue shall be turned over to the Treasury.

  Within three working days from concluding granting contract, the municipal urban management department shall conduct examination and approval procedures of outdoor advertisement installation according to law.

  Article 16 The valid period of the right to install outdoor advertisement on public land shall not exceed five years at a time. The concrete valid period shall be clearly specified in auction announcement by the municipal urban management department according to actual situation of public land and shall be indicated in granting contract.

  Article 17 Any one that plans to install large outdoor advertisement on non-public land shall apply to the urban department for installation. The urban department shall make a decision within seven working days from receiving the application.

  The applier shall comply with the provisions about advertiser, advertising agent and advertisement publisher of Advertising Law of the People's Republic of China and acquire the right of use to the arena where outdoor advertisement is installed.

  The non-public land in these Measures refers to the land, of which government has granted the right of use, and the build (structure) on it.

  Article 18 Any one that applies for installing outdoor advertisement shall submit the following documents:

  (1) application form of outdoor advertisement installation;

  (2) identity document of applicant;

  (3) certificate of the right to use the site where outdoor advertisement is installed;

  (4) written materials of soliciting the opinions of interested parties;

  (5) panoramic computer design of the outdoor advertisement intend to be installed.

  Article 19 The valid period approved for the large outdoor advertisement installed on non-public land shall be the followings:

  (1) 2 years for wall advertisement;

  (2) 3 years for electronic display advertisement and column advertisement;

  (3) 5 years for other kinds of advertisement.

  If the land or building (structure) used to install outdoor advertisement is of lease, its approved valid period shall not exceed the period agreed in lease agreement.

  Article 20 The valid period of large outdoor advertisement installed on non-public land may be applied for extension. The application that complies with installation guidelines and special plans of outdoor advertisement and the requirements of special plans of specific location, shall be approved the extension by urban department.

  The approved extension period at a time shall be the same with originally approved valid period. But if the land or building (structure) used to install outdoor advertisement is of lease, the extension period shall not exceed the period agreed in lease agreement.

  If the installer of outdoor advertisement applies for extension, it shall apply to the urban department 30 days before the expiration of valid period. The urban department shall make a decision and give written reply within 7 working days from the acceptance.

  Article 21 If it needs to install temporary outdoor advertisement because of holding large cultural, tourism, sports, public welfare activities or trade fairs and exposition, the installer of outdoor advertisement shall file an application to district urban management department. The district urban management department shall make a decision within 7 working days from the acceptance.

  The installation period of temporary outdoor advertisement shall accord with the approved activity period, but shall not exceed 6 months at most.

  Article 22 The application of key enterprise for installing outdoor advertisement with uniform standards crossing districts shall be filed to the municipal urban management department and be handled centralizedly and unifiedly.

  The application of key enterprise for installing large outdoor advertisement within the scope of its own property shall be approved by the urban department, if it complies with the requirements of special plans and installation guidelines of outdoor advertisement.

  Property service unit is encouraged to conduct unified design and centralized application of the outdoor advertisement on the facade of street buildings and the urban department shall handle it centralizedly and unifiedly

  Article 23 The installer of outdoor advertisement shall publish public welfare advertisement according to the provisions of Provisional Measures of the Shenzhen Municipality on the Administration of Public Welfare Advertisement.

  During the period of holding a major international event or major celebration, the installer of outdoor advertisement shall publish public welfare advertisement according to the unified deployment of the Municipal People's Government.

  Article 24 When extraordinarily serious natural calamity, serious natural calamity, accident calamity, public health event and other emergencies occur, the municipal emergency department may notify the installer of electronic display advertisement to publish emergency and forewarning information on electronic display for free, according to the content of emergency and forewarning information identified by the Municipal People's Government.

  The installer of electric display advertisement shall organize the publication within 2 hours from receiving the notice of publishing emergency and forewarning information.

  Chapter Four Registration of Outdoor Advertisement

  Article 25 Any one that applies for installing sign advertisement or temporary outdoor advertisement may install it according to the approval document upon the approval of district urban management department, not needing to apply to the market supervision department for outdoor advertisement registration.

  Any one that publishes the outdoor advertisements other than those mentioned in the preceding paragraph, shall apply to the market supervision department for outdoor advertisement registration and obtain outdoor advertising registration certificate.

  After finishing the examination and approval of outdoor advertisement installation, if the applier needs to conduct outdoor advertisement registration, the urban management department shall deliver relevant documents directly to the market supervision department for registration. If the applicant requires the application for outdoor advertisement registration to the market supervision department being filed by itself, it may conduct the procedures by itself.

  Any one that installs outdoor advertisement on urban track traffic facility, underground space, interior of traffic terminal yard and airport waiting hall as well as bodywork of public transport vehicle body, shall apply for registration directly to the market supervision department according to Provisions on the administration of outdoor advertisement registration, not needing to apply for outdoor advertisement installation approval to the urban management department.

  Article 26 The approved registration period of outdoor advertisement shall not exceed the installation period of outdoor advertisement approved by the urban management department.

  Article 27 The outdoor advertisement publisher shall satisfy the following conditions when it applies for outdoor advertisement registration:

  (1) The publisher shall have acquired the subject qualification complying with application item;

  (2) The commodities or services to be advertised shall be in publisher’s business scope;

  (3) The publisher shall havae acquired the right to use corresponding outdoor advertising media;

  (4) The publisher shall have obtained the installation approval of the urban management department;

  (5) The content of outdoor advertisement shall comply with the provisions of laws and regulations;

  (6) other conditions provided by laws and regulations.

  Article 28 The advertisement publisher of outdoor advertisement shall submit the following documents when it applies for outdoor advertisement registration:

  (1) application form of outdoor advertisement registration;

  (2) the business licenses of advertisement publisher and advertiser or business qualification certificate with the same legal effect;

  (3) certificate of the right to use the site or facility where outdoor advertisement is published;

  (4) the sample of outdoor advertisement;

  (5) other documents that shall be submitted according to the provisions of laws and regulations.

  If the advertisement is published with entrustment, the advertisement publisher shall submit entrusting contract of publishing outdoor advertisement concluded with the client and the client’s business license or business qualification certificate with the same legal effect.

  Article 29 The publisher of outdoor advertisement shall apply for change of registration to the original registration authority, if it requires changes in publishing period, form, quantity, specification or content of outdoor advertisement.

  Article 30 The market supervision department shall make a decision within 7 working days from the acceptance if it accepts the application for outdoor advertisement registration. It shall approve the application that complies with the provisions and issue registration certificate of outdoor advertisement and shall not approve the application that does not comply with the provisions and state reasons in writing.

  Chapter Five Maintenance and Supervision of Outdoor Advertisement

  Article 31 The installation of outdoor advertisement shall comply with the following provisions:

  (1) The advertisement shall be installed according to the requirements stated in approval document;

  (2) The design and construction shall observe safety technical standards and specifications and satisfy the requirements of load, lighting protection, windproof, seismic resistance, fire prevention, electrical safety and so on;

  (3)The lower right corner of the outdoor advertisement picture shall be marked with the number of outdoor advertisement approval document and the number of registration certificate;

  (4) The outdoor advertisement shall be removed by installer upon the expiry of the valid period.

  Article 32 The installation of outdoor sign advertisement shall comply with the following provisions:

  (1) The advertisement shall be installed according to the requirements stated in approval document;

  (2) The advertisement shall not contain the information of introducing product or operational service;

  (3) The advertisement is installed at the registered address of the unit and the statutory control area of legal business place;

  (4) The size and specification of the advertisement shall be in the proper proportion to the size of the building, to which it is attached, and be in harmony with the height, form, shape, specification, color and so on of adjacent signs.

  Article 33 The outdoor advertisement shall comply with relevant provisions of bus operational service management and road traffic safety management, if it is installed on public transport vehicle body.

  Article 34 The installer of outdoor advertisement is the person responsible for security management of outdoor advertisement facility. It shall conduct safety inspection to outdoor advertisement facility regularly, fulfill the obligations stipulated in the written commitment to the safety of applying for installing outdoor advertisement and establish safety archive. The outdoor advertisement facility that is inspected unqualified shall be renovated or removed immediately.

  If the meteorological department issues typhoon warning signal, strong wind yellow or more serious color warning signal and rainstorm red warning signal, the installer of outdoor advertisement shall conduct safety inspection to outdoor advertisement facility and take safety precautions such as reinforcement, removal and so on.

  If the outdoor advertisement facility has reached the designed service life, the installer shall replace it.

  The urban management department shall strengthen the supervision and examination to outdoor advertisement facilities and order the installer to make rectification if it finds safety hidden dangers or receives complaints relevant to safety hidden dangers of the public.

  Article 35 The install of outdoor advertisement shall strengthen daily management and maintenance, keep it neat, intact and beautiful. The outdoor advertisement whose picture is stained or severely faded or has other circumstances affecting the city appearance shall be maintained and updated in time.

  The picture display of neon light, electronic display, lamp house and other outdoor facilities with night lighting function shall be complete. If light off or incompleteness occurs, the outdoor advertisement facilities shall be maintained or replaced in time and be stopped using before repair.

  Article 36 The installation of electronic display advertisement shall comply with the requirements of urban lighting management and luminance control standards of electronic display. Luminance adjusting device shall be installed to scientifically control luminance and usage time.

  Article 37 The urban management department and market supervision department shall establish a record database of bad behaviors of outdoor advertisement and include those activities such as providing false materials to defraud approval document, installing or publishing outdoor advertisement not observing the requirements of these Measures, refusing to fulfill the obligations of publishing public welfare advertisement and so on into the record database of bad behaviors.

  Chapter Six Legal Responsibilities

  Article 38 The municipal urban management department shall correct immediately the illegal approval when it supervises and examines the approval of outdoor advertisement of the district. If the circumstance is serious, it shall circulate a notice. The municipal urban management department may withdraw the approval right of outdoor advertisement of this district if the district has been circulated a notice for more than three times.

  If the urban management department, market supervision department and other administrative departments of outdoor advertisement and their working staff have one of the following activities in carrying out their duties, they shall be pursued the administrative responsibilities according to law. If they are suspected of committing a crime, they should be transferred to the judicial organ for treatment.

  (1) failing to fulfill the information disclosure responsibility;

  (2) implementing administrative approval or punishment illegally;

  (3) failing to organize the auction of the right to install outdoor advertisement on public land according to law;

  (4) other circumstances such as neglecting their duties, abusing their powers or engaging in malpractices for personal gains.

  Article 39 Any one that violates the provisions of these Measures, having one of the following activities, shall be punished by the urban management department according to the following provisions:

  (1) Any one that arbitrarily installs column advertisement, scaffolding advertisement, electronic display advertisement and wall advertisement with the area more than 10 square meters without the approval of urban management department shall be ordered removal within a prescribed time limit and be fined 10,000 yuan. If the party fails to remove within the prescribed time limit, it shall be imposed daily penalty and be fined 10,000 yuan every day. The penalty period shall be from the expiration date of the prescribed time limit of removal ordered by the urban management department to the date when the urban management department has verified the removal. If the party applies for verification, the urban management department shall conduct verification on the date of application. If the urban management department fails to conduct verification on the date of application, the date of application shall be the date of verification. The cumulative punishment of daily penalty shall not be more than 100,000 yuan.

  Any one that arbitrarily installs other outdoor advertisements without the approval of urban management department shall be ordered removal within a prescribed time limit and be fined 5000 yuan.

  (2) Any one that violates the provisions of Article 23 and Article 24, failing to publish public welfare advertisement or emergency and forewarning information shall be fined 10,000 yuan;

  (3) Any one that violates the provisions of the subparagraph (1) and (4) of Article 31, failing to install advertisement according to the requirements stated in approval document or remove upon the expiry of the valid period shall be ordered to rectify within a prescribed time limit. If it fails to rectify within the prescribed time limit, it shall be fined 5000 yuan. If any one that violates the provisions of the subparagraph (3) of Article 31, failing to mark the number of outdoor advertisement approval document at the lower right corner of the outdoor advertisement picture, it shall be ordered to rectify within a prescribed time limit. If it fails to rectify within the prescribed time limit, it shall be fined 1000 yuan.

  (4) Any one that violates the provisions of Article 32, failing to install advertisement according to the provisions shall be ordered to rectify within a prescribed time limit. If it fails to rectify within the prescribed time limit, it shall be fined 1000 yuan.

  (5) Any installer of outdoor advertisement that fails to fulfill the safety maintenance and management responsibility of outdoor advertisement facility shall be ordered to rectify within a prescribed time limit. If it fails to rectify within the prescribed time limit, it shall be fined 10,000 yuan. If losses are caused, it shall bear compensation responsibility in accordance with law. If it is suspected of committing a crime, it should be transferred to the judicial organ for treatment.

  (6) Any one that violates the provisions of Article 35, failing to keep the outward appearance of advertisement complying with the requirements as prescribed, shall be ordered to rectify within a prescribed time limit. If it fails to rectify within the prescribed time limit, it shall be fined 5000 yuan.

  (7) Any one that violates the provisions of Article 36, failing to install luminance adjusting device or control luminance and usage time according to the approval document, it shall be ordered to rectify within a prescribed time limit. If it fails to rectify within the prescribed time limit, it shall be fined 10,000 yuan.

  (8) Any one that provides false materials to defraud         the right to install outdoor advertisement or falsifies, alters, leases out, lends out, sells or in another manner illegally transfers the right to install outdoor advertisement shall be withdrew the approval of installing outdoor advertisement facility and be fined 20,000 yuan.

  Article 40 Any one that violates the provisions of these Measures, having one of the following activities, shall be punished by the market supervision department according to the following provisions:

  (1) Any one that arbitrarily publishes outdoor advertisement without registration although having been approved the installation by the urban management department shall be confiscated the illegal income, fined 20,000 yuan and be ordered to rectify within a prescribed time limit. If it fails to rectify within the prescribed time limit, it shall be ordered to stop publication;

  (2) Any one that fails to publish outdoor advertisement according to registration document shall be ordered to rectify and fined 5000 yuan. If the circumstance is serious, it shall be fined 10,000 yuan;

  (3) Any one that violates the provisions of subparagraph (3) of Article 31, failing to mark the number of registration certificate at the lower right corner of the outdoor advertisement picture shall be ordered to rectify within a prescribed time limit. If it fails to rectify within the prescribed time limit, it shall be fined 1,000 yuan.

  (4) Any one that provides false materials to defraud         the Registration Certificate of Outdoor Advertisement or falsifies, alters, leases out, lends out, sells or in another manner illegally transfers the Registration Certificate of Outdoor Advertisement shall be withdrew the Registration Certificate of Outdoor Advertisement and be fined 20,000 yuan.

  (5) If the content of outdoor advertisement is illegal, the party shall be dealt with according to the provisions of relevant laws, regulations and rules.

  Article 41 The urban management department and market supervision department shall strengthen law enforcement cooperation, dealing with illegal activities of outdoor advertisement according to the following provisions:

  (1) Any one that arbitrarily installs outdoor advertisement facility and publish outdoor advertisement without the approval of urban management department shall be dealt with by the urban management department according to law;

  (2) Any one that arbitrarily publishes outdoor advertisement without the registration by the market supervision department though having obtained the approval of installing outdoor advertisement facility by the urban management department shall be dealt with by the market supervision department.

  Article 42 If the urban management department has made the decision of removal within a prescribed time limit according to law and the installer of outdoor advertisement refuses to fulfill the obligation of removal, the urban management department may remove it by force according to law.

  Article 43 Any one that violates the provisions of Article 33 of these Measures shall be dealt with by transportation department according to relevant provisions of bus operational service management and road traffic safety management.

  Chapter Seven Supplementary Provisions

  Article 44 The key enterprises in these Measures refer to the headquarter economic enterprises, large-scale chain enterprises, industry backbone enterprises and the enterprises included in the large enterprise directory of express service.

  Article 45 These Measures shall go into effect as of September 1, 2013. Rules of Shenzhen Economic Special Zone on Administration of Outdoor Advertisements promulgated as Order No.35 of Shenzhen Municipal Government on October 18, 1994 and revised and promulgated as Order No. 77 of Shenzhen Municipal Government on August 26, 1998 shall be repealed simultaneously.