Rules Of Shenzhen Municipality For Administration Of Outdoor Advertisements

Original Language Title: 深圳市户外广告管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201310/20131000392296.shtml

Rules of Shenzhen Municipality for Administration of outdoor advertisements

    (Released July 15, 2013, Shenzhen Municipal People's Government order No. 251 as of September 1, 2013) Chapter I General provisions

    First to strengthen the management of outdoor advertising, regulate outdoor advertising Setup and registration, creation of orderly, clean and beautiful environment, in accordance with the People's Republic of China Law on advertising and the Shenzhen Special economic zone on city appearance and environmental health regulations and other laws and regulations, combined with the city's actual, these measures are formulated.

    Second approach applies to outdoor advertising within the administrative area of the city setting and registration management activities.

    Third article this approach by said outdoor advertising, is refers to using outdoor site, and space and bus waiting Pavilion, and newspaper Pavilion, and booth, and site wall, public, and owned or other people all of buildings, and structures and public traffic vehicles body, outdoor facilities, to show brand, and lightbox, and neon, and glow font, and electronic display, and electronic turned Board, and poster bar, and cloth site, and balloon, and real styling and signs, form released of commercial or public advertising.

    Signs in these measures refers to the employer register address and legal undertakings statutory control zone set, company name, address, business scope, legal representative or person in charge, contact publicity set up outdoor advertising.

    Fourth outdoor advertisements should be guided by the following principles:

    (A) principles of security, outdoor advertisements shall comply with the relevant safety specifications and the relevant provisions of the road traffic safety;

    (B) the principle of energy conservation and environmental protection, outdoor advertisements should be in low carbon, green, environmental protection, new technologies, new materials, new processes;

    (C) the principles of quality, outdoor advertising of shape, size, texture, color and shall be coordinated with the overall landscape of urban space, to encourage creative design, improve the quality of outdoor advertisements.

    Fifth of municipal urban administration authorities (hereinafter referred to as City urban management Department) is the outdoor advertising arrangement of authorities, organize relevant departments to prepare guidelines on outdoor advertisements and special planning, responsible for the supervision and administration of outdoor advertisements in the city, is responsible for the following outdoor advertising approved:

    (A) is responsible for public lands for outdoor advertising auction the right settings and set up an approval;

    (B) is responsible for post ads and an area of 10 square meters of display advertising set for approval;

    (C) be responsible for key enterprise applications for approval of standard outdoor advertising spanned.

    Districts (with district authorities, hereinafter the same) urban administration authorities (hereinafter referred to as urban management Department) is the outdoor advertisements set-up in the jurisdiction of the competent departments responsible for accomplishment of outdoor advertisements other than those stipulated in the preceding paragraph for approval, is responsible for the supervision and administration of outdoor advertisements within the jurisdiction.

    Municipal urban management Department shall strengthen the supervision of urban management Department of outdoor advertising permit business, development of specific methods of supervision.

    Sixth, market supervision and Management Department (hereinafter referred to as the market regulator) is the outdoor advertising department, is responsible for the contents of outdoor advertisements published review of registration and supervision and management.

    Article seventh land planning, transportation, public safety, weather, finance and other sectors in accordance with their respective functions, good management of the outdoor advertising.

    Eighth of municipal urban management and market supervision sector information sharing mechanism should be established to strengthen business cooperation, set up outdoor advertising and outdoor advertising registration-approval mechanisms for information exchange to achieve online advertising information for approval.

    City urban management Department and market regulators should outdoor advertising of electronic information retrieval system to facilitate public enquiries information, the approval of the supervisory authorities and law enforcement.

    Nineth Shenzhen Advertising Association Organization shall strengthen self-discipline, standardize management, and create a market environment of fair competition, integrity management.

    Chapter II outdoor advertising arrangement guidelines shall, together with the tenth of municipal urban management and Planning Department, Planning Department and City Transportation Department guidelines on outdoor advertisements, submitted to the municipal people's Government promulgated after approval.

    Installation of outdoor advertising should meet the requirements of outdoor advertisements set-up Guide.

    11th of municipal urban management Department shall, in conjunction with the City Planning Department, compiled based on the principles of total control, rational layout of outdoor advertising planning and implementation.

    Special planning for municipal urban management departments to produce outdoor advertising shall be made to the public for public opinion published on 30th.

    12th district city management departments should be set according to the outdoor advertising guidelines and outdoor advertising planning, urban areas, landscape in sensitive areas and important landscape road, special commercial outdoor advertising in specific areas such as planning, enhance the quality of outdoor advertising. Outdoor advertising planning in specific areas should be public, public time on 30th.

    Specific regional outdoor advertising planning, urban management Department for approval.

    13th under any of the following circumstances, it may not set up outdoor advertising:

    (A) State agencies, schools and scenic spots, nature reserves, cultural relic protection unit, Memorial buildings and landmarks of the municipality to determine the construction control areas;

    (B) traffic safety facilities, traffic signs, traffic signs or traffic safety facilities of normal use;

    (C) roads, bike paths, pavement;

    (D) the roof contour line space;

    (E) affect the normal use of municipal public facilities and barrier-free facilities;

    (F) regional or other outdoor advertising prohibited by law carriers.

    In the legally demarcated airport and airport obstacle clearance protection zone may be set to balloon as the carrier within the outdoor advertising.

    Chapter III outdoor advertisements Article 14th outdoor advertising use of public land, should be achieved through the auction of public land in the right of outdoor advertisements.

    Otherwise provided by the municipal people's Government from its provisions.

    Public land in these measures, refers to the Government not to sell the right to or ownership of the land, as well as the Government have built on land (or structures). 15th of municipal urban management Department is responsible for organizing public land auction the right to outdoor advertisements.

    Are additional public land right of outdoor advertisements, Municipal Department of urban management in the development of the auction when its location should be seeking the views of City Planning Department, located in the sides of the road, should also seek the City Transportation Department.

    Outdoor advertisements made by auction public lands right by the municipal urban management Department and the buyer sign a contract of assignment of the rights to public lands for outdoor advertising arrangement, one-time charge auction price, auction revenues turned over finances.

    Transfer within 3 working days after the contract is signed, City urban management Department shall handle the outdoor advertisements and approval procedures.

    16th section public lands for outdoor advertising right to set expiry periods of not more than 5 years validity term City urban management department according to actual public land specified in the auction notice, and indicated in the contract.

    Article 17th outdoor advertising on non-public land, should set the application to urban management Department, urban management Department shall, within 7 working days from the date of acceptance of the application to make a decision.

    Applicants should be consistent with the People's Republic of China advertisement law of relevant advertisers, advertising agents and publishers provides that outdoor advertising shall obtain the right to use the site.

    Non-public lands mentioned in these measures refers to Government has been transferring the ownership of the land and the land built on (structure).

    18th set up outdoor advertising the applicant shall submit the following materials:

    (A) the application form for outdoor advertisements;

    (B) the identity document of the applicant;

    (C) the installation of outdoor advertisement proof of right to use the site;

    (D) written material from the interested persons;

    (E) the proposed outdoor advertising panoramic computer design.

    19th large outdoor advertising on non-public land approval valid for:

    (A) the wall ads for 2 years;

    (B) electronic display ads, post ads for 3 years;

    (C) other types of advertisements for 5 years.

    Outdoor advertising for land or building (structures) belongs to the lease on the approval expiration date shall not exceed the term specified in the lease agreement.

    Article 20th outdoor advertising on non-public land may apply for renewal after the expiry of who guidelines on outdoor advertisements, special planning and regional planning-specific requirements, approved by the Urban Management Department renewed. Each approved extension period and the duration of the initial approval of the same.

    But land for installation of outdoor advertising, or building (structures) belonged to leasing, the extension may not exceed the term specified in the lease agreement.

    Outdoor advertisements apply for renewal period, 30th the expiry of the validity period should be applied to the Urban Management Department; urban management Department shall, within 7 working days from the date of the acceptance decision and reply in writing.

    21st due to hold large-scale cultural, tourist, sporting, charity or trade fairs, trade shows and other needs to set up a temporary outdoor advertising, outdoor advertising arrangement shall apply to the Urban Management Department; city departments shall take a decision within 7 working days from the date of acceptance.

    Temporary outdoor set a deadline should be consistent with the approved terms of the event, however, shall not exceed 6 months.

    22nd key enterprise applications across standard outdoor advertising areas, apply to the Municipal Department of urban management, centralize and unify the process.

    Key enterprise applications on its own large outdoor advertising within the premises, and meets the requirements of special planning and setting guidelines for outdoor advertising, urban management Department should be approved.

    Encourage property services unit for roadside building facade unified design of outdoor advertising, Declaration of concentration, urban management Department should focus through the integration.

    Article 23rd outdoors advertisement installation shall be in accordance with the public service advertising provisions of the interim measures for the administration of Shenzhen City released public service announcements.
In the Organization of major international events or major celebrations during the outdoor advertisements, people's Government shall, in accordance with unified plans released public service announcements.

    Special 24th a major, major natural disasters, accidents, public health emergencies, such as when, city emergency departments can be determined according to the Municipal Government of emergency and early warning information, notify the electronic display advertisements in electronic display free emergency and early warning information.

    Electronic display advertising shall upon receipt of emergency and early warning information release issued within 2 hours of notification.

    The fourth chapter of outdoor advertising registration

    Article 25th of setting up signboard advertising, a temporary outdoor advertising, approved by the district city management departments in accordance with the approved document set, you do not need to register with market regulators to apply for outdoor advertising.

    Publish outdoor advertising outside of the provisions of the preceding paragraph shall be applied to the market regulator outdoor advertising registration according to law, receive the outdoor advertising registration certificate. After completing outdoor advertisements set-up in urban management Department for approval, for the needs of outdoor advertising registration continues to, by the Urban Management Department to hand over related materials directly to register with market regulators.

    Applicant requirements to outdoor advertising registration application to market regulators to determine their own registration procedures for outdoor advertising.

    Track facilities and underground space in urban traffic, transport stations and airport terminals within the outdoor advertising, public transport vehicles, in accordance with the provisions of the regulations on the registration administration of outdoor advertisements directly to the market regulators to apply for registration, do not need to apply to urban management Department for outdoor advertisements for approval.

    Article 26th outdoor advertising registration of outdoor advertising approved may not exceed the Urban Management Department set a deadline.

    27th outdoor advertising applications for registration of outdoor advertising, subject to the following conditions:

    (A) shall obtain the qualification consistent with application;

    (B) outdoor advertising market in goods and services, in line with its business scope or business scope;

    (C) has a corresponding right to use outdoor advertising media;

    (D) has been approved by the Urban Management Department setting;

    (E) the contents of outdoor advertisements in accordance with laws and regulations;

    (Vi) other conditions stipulated by laws and regulations.

    28th outdoor advertising applications outdoor advertising registration, shall submit the following application materials:

    (A) outdoor advertising registration application form;

    (B) outdoor advertising units and the advertiser's business license or business qualification certificate file has the same legal effect;

    (C) publish outdoor advertising sites or facilities use right certificate;

    (D) outdoor advertising samples;

    (V) other materials shall be submitted in accordance with laws and regulations.

    Entrusted with the release of outdoor advertising, and shall submit a signed with the principal publications of outdoor advertising commissioned contract, principal business license or business qualification certificate file has the same legal effect.

    29th must change the outdoor advertising duration, form, quantity, specifications or content, outdoor advertising shall apply to the registration authority, registration of changes.

    Article 30th market regulator accepts the application for outdoor advertising registration, shall take a decision within 7 working days from the date of acceptance, to be approved and registered in conformity with the provisions and of the issuance of the certificate of registration of the outdoor advertising, does not meet the requirements will not be approved and registered, and to state the reason in writing.

    Fifth chapter maintenance and outdoor advertising control

    Outdoor advertising article 31st shall comply with the following provisions:

    (A) in accordance with the approved document contains requirements as may be prescribed;

    (B) the design and construction shall comply with the relevant safety standards and specifications to meet the load, lightning, wind, seismic, fire and electrical safety requirements;

    (C) outdoor advertising screen shall be indicated in the lower right corner outdoor advertising arrangement approved files number and registration number;

    (D) after the expiry of the approval document should be to remove.

    Article 32nd set sign such advertising should comply with the following requirements:

    (A) in accordance with the approved document contains requirements as may be prescribed;

    (B) shall not contain product or service information;

    (C) the registered address and legal undertakings statutory control zone set;

    (D) physical size, specification and is attached to the building in appropriate proportions, and sign height, form, shape, size, color, and other coordination.

    Article 33rd outdoor advertising use public transport vehicles shall conform to bus services and road traffic safety management regulations. 34th outdoors advertisement installation is outdoor advertisement facility safety management responsibility, for outdoor ads facilities should be regularly conducted safety testing, perform outdoor advertising applications security obligations under the letter of commitment and establish a secure archive.

    Failed to pass the test, shall immediately repair or demolition.

    Meteorological departments issued a typhoon, winds over yellow and red rainstorm warning signal, outdoor advertisements for outdoor advertising facilities shall timely safety checks take security precautions such as reinforcement or demolition.

    Outdoor advertising facilities shall achieve the design life of the set should be replaced.

    Urban management authorities should strengthen supervision and inspection of outdoor advertising facilities found that safety concerns or complaints received from the public about safety problems, shall order the outdoor advertisements set-up in person for rectification. 35th outdoor advertisements should strengthen the maintenance management to keep tidy and in good condition, beautiful of outdoor advertising.

    Outdoor advertising images have defaced, severe fading effects, fonts, incomplete city looks, shall promptly repair and updates.

    Neon lights, electronic display devices, light boxes and other outdoor advertisement facilities with night light function, footage should be maintained intact, break light, incomplete, should maintain, replace, in front of the repair should be discontinued.

    36th electronic display advertising articles shall comply with management of urban lighting requirements and standards for electronic display brightness control, brightness adjusting device installed, control brightness and use of science.

    37th city sector and market regulators should set up outdoor advertising bad behavior log database, provides false materials obtain approval documents, not complying with the requirements of this regulation sets or publications outdoor advertising, refusing to comply with the publication obligations for public service ads, and loading the bad behavior log database.

    The sixth chapter legal liability

    38th of municipal urban management Department in the area of outdoor advertising permit business when conducting supervision and inspection, found illegal approval shall promptly correct, serious cases should be informed, be notified more than 3 times, municipal urban management Department to recover the area of outdoor advertising authority.

    Urban Management Department, market regulators and other outdoor advertising management and staff, in the discharge of functions in any of the following circumstances, it shall be subject to administrative liability, crime, law transferred to judicial organs for handling:

    (A) failing to perform their public responsibilities of the information;

    (B) an implementation of administrative examination and approval or administrative penalties;

    (C) it is not according to the outdoor advertising regulations public lands set auction;

    (Iv) other dereliction of duty, abuse of authority or engages in.

    39th in violation of these rules, any of the following circumstances, by the Urban Management Department in accordance with the following provisions: (A) without Chengguan sector approved unauthorized set area in 10 square meters above of column advertising, and bracket type advertising, and electronic display advertising and wall body advertising of, ordered deadline demolition, at 10,000 yuan fine; late not demolition of, implemented by day meter penalty, daily fine 10,000 yuan, meter penalty during since Chengguan sector made ordered deadline demolition of term expires of day up to Chengguan sector identification does has demolition of day check; party application identification of, Chengguan sector should Yu application day implementation identification,

    Could not be implemented with effect from the date of the application identification of the application date for the inspection day; day is counted as cumulative penalty total penalties of not more than 100,000 yuan;

    Other outdoor advertising without approval of the Urban Management Department without authorization, shall be ordered to dismantle, RMB 5000 Yuan fines;

    (B) contrary to article 23rd, 24th, failure to publish public service announcements or emergency, warning, fine at 10,000 yuan;

    (Three) violation 31st article subsection (a), and (four) items provides, not by approved file requirements set, or validity expires Hou not demolition of, ordered deadline corrected, late not corrected of, at 5000 Yuan fine; violation 31st article subsection (three) items provides, not in outdoor advertising picture right Xia angle marked approved set file paper, of, ordered deadline corrected; late not corrected of, at 1000 Yuan fine; (D) violation of article 32nd, not complying with the requirements set, a rectification.

    It fails, 1000 Yuan fines;

    (E) breach of article 34th, fails to fulfill the outdoor advertising outdoor advertising facility maintenance management responsibilities, a rectification; fails, 10,000 yuan fine losses, compensation according to law, suspected of a crime, transferred to judicial organs for handling according to law; (F) breach of article 35th appearance does not meet the requirements of, a rectification.

    It fails, RMB 5000 Yuan fines;

    (VII) violate article 36th, brightness is not installed device or is not used according to the approved documentation requirements to control the brightness and time, a rectification; fails, fined 10,000 yuan;

    (VIII) submitted false materials obtain right of outdoor advertisements or forge, alter, lease, lend, resell and other forms of illegal transfer of right of outdoor advertisements, revocation of outdoor advertising facilities approval of 20,000 yuan fine.

    40th article violates these rules, any of the following acts, by the market regulator in accordance with the following provisions:

    (A) approval by the urban settings but not register unauthorized release of outdoor advertising, unlawful income confiscated, fined 20,000 yuan, a rectification; fails to make corrections, shall be ordered to stop publishing;

    (B) not complying with the registration file require release of outdoor advertising, rectification, of 5000 Yuan fines; the circumstances are serious, fine at 10,000 yuan;
(C) contravenes section 31st (c) provides that are not in the right corner of the screen indicating the outdoor advertising outdoor advertising registration certificate number, a rectification; fails, 1000 Yuan fines;

    (D) submitting false information to defraud the outdoor advertising registration certificate, or forge, alter, lease, loan, resell and other forms of transfer of the outdoor advertising registration certificates, revocation of the outdoor advertising registration certificate, fine of 20,000 yuan;

    (E) the contents of outdoor advertisements published in violation of, and in accordance with the relevant laws, rules and regulations.

    41st city departments and market supervision Department should strengthen law enforcement collaboration, investigating outdoor advertising violations in accordance with the following provisions:

    (A) without approval of the Urban Management Department publish unauthorized installation of outdoor advertising facilities outdoor advertising, by the Urban Management Department investigated according to law;

    (B) has city approval of installation of outdoor advertising facilities, but not registered with the market supervision authorities publish outdoor advertising without permission from regulators to investigate and punish.

    42nd city departments shall be ordered to dismantle after the outdoor advertisements people refused to perform the obligation of dismantling, urban management department can legally force the removal.

    43rd in violation of the provisions of article 33rd, operated by the transport sector in accordance with the bus service management and the relevant provisions of the road traffic management.

    The seventh chapter by-laws

    44th key enterprises in these measures refers to the accredited headquarter economic enterprises, large chains, industry backbone enterprises as well as large enterprises train services directory business. 45th these measures shall come into force on September 1, 2013. People's Government of Shenzhen City, October 18, 1994 the 35th released on August 26, 1998 issued by the Shenzhen Municipal People's Government, the 77th amendment abrogated of the administrative rules of Shenzhen Special economic zone on outdoor advertising.