Procedures Of Shanghai Municipality For Administration Of Outdoor Advertisements

Original Language Title: 上海市户外广告设施管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201105/20110500340894.shtml

Procedures of Shanghai municipality for Administration of outdoor advertisements

    (December 28, 2010 Shanghai Municipal People's Government Executive session of the 93rd on December 30, 2010, Shanghai Municipal People's Government promulgated as of January 1, 2011, 56th), article I (purpose and basis)

    In order to standardize the management of the city's outdoor advertising facilities, according to the People's Republic of China advertisement law, the Shanghai city appearance and environmental sanitation regulations, the Shanghai urban planning regulations and the provisions of other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article II (scope of application)

    These measures apply to install outdoor advertising facilities within the administrative area of the city and its related management activities.

    Article III (definition)

    Outdoor advertisement facilities mentioned in these measures refers to the use of buildings, structures, sites (hereinafter referred to as position) set of neon signs, notice boards, electronic displays, light boxes, physical modeling, and other forms of outdoor advertising facilities.

    Fourth (Administrative Department)

    City greening the city Administrative Department is responsible for the supervision of the city's outdoor advertising facilities management and overall coordination of area (s) greening the city administrative departments responsible for the supervision and management of outdoor advertising facilities within the region.

    Municipal, district (County) planning and Administration Department is responsible for the planning, supervision and management of outdoor advertising facilities.

    Municipal, district (County) Administration for industry and commerce is responsible for the outdoor advertising business qualification, registration, supervision and management.

    Construction traffic, traffic in the city port, public safety, housing management, price, quality and technical supervision, environmental protection, finance and other sectors in accordance with their respective responsibilities, to coordinate the implementation of these measures.

    Fifth (set)

    Installation of outdoor advertising facilities shall conform to install outdoor advertising facilities planning (hereinafter referred to as position plans) and scheme, and requirements of the relevant technical specifications.

    Honor their premises set of electronic display devices, publish this information such as company name, logo, shall conform to the requirements of the relevant technical specifications.

    Sixth (ground plan)

    City greening the city Administrative Department shall, in conjunction with city planning, industrial and commercial administrative departments, according to styles, patterns and areas of the city establishment features ground plan, submitted to the municipal people's Government for approval.

    Position plan should clearly ban outdoor advertising facilities districts, exhibition areas and control areas and the corresponding regulatory requirements.

    Seventh (implementation of programming)

    The district (County) of green sports Administrative Department shall, in conjunction with district (s) planning, industrial and commercial administrative departments, according to the position of planning organization in the area of programme implementation, report, greening the city administrations; by the municipal greening the city administration together with city planning, industrial and commercial administrative departments for approval.

    Implementation plan shall conform to the requirements of this approach and position planning.

    Eighth (technical specification preparation)

    MGA sports Administrative Department shall, in accordance with national and municipal city appearance, planning, environmental and other technical standards, in conjunction with the relevant administrative departments in the preparation of technical specification of outdoor advertising facilities (hereinafter referred to as technical specifications).

    Nineth (public notice and comment)

    Position planning, implementation of programmes and in the preparation of the technical specifications, organization bodies should take feasibility study meeting, seminars and other means to seek views of interested community organizations and experts, and based on the views of positions in planning, implementation and draft technical specification to be revised and improved. Position planning, programme implementation and technical specification before submission for approval, prepare positions should be planning, announcement of the draft implementation plan and technical specifications, and taking seminars, public hearings or by other means to solicit public opinion. Public notice not less than 30th public notice of time, place and opinion solicitation should notice on the city government website.

    Organization authority shall fully consider the views of the public, and in the materials submitted for approval, attached with the opinions adopted and why.

    Position planning, programme implementation and technical specifications after approval, organization authority shall be published in full in the relevant government websites, and the adoption of public opinion with a response.

    Tenth (modification required)

    Position planning, programme implementation and technical specifications after approval, shall not be changed without authorization; really necessary change, organization authorities shall, in accordance with this article sixth, seventh, eighth and Nineth require organizations to change.

    11th (banned set)

    Any of the following circumstances, no installation of outdoor advertising facilities:

    (A) the use of traffic safety facilities, traffic signs;

    (B) the effects of municipal public utilities, traffic safety facilities, traffic sign used;

    (C) impede the normal life of the residents and damage the city appearance or image of the buildings;

    (D) use of street trees or broken by green;

    (E) in the context of State organs, scenic land;

    (Vi) in cultural relics protection units, of outstanding historic buildings within the control zone.

    Ban the installation of outdoor advertising facilities within the city way, but using bus and tram shelters, public telephone booths set except for the subsidiary of outdoor advertising facilities.

    12th (right to use positions to obtain)

    Access to public positions to install outdoor advertising facilities, right to use positions should be made through auction, tender.

    Use of non-public positions to install outdoor advertising facilities, position the right agreement, auctions, tenders and other ways that you can make.

    Public position by the municipal greening the city administration in conjunction with the urban planning Administration Department, a proposal submitted to the municipal people's Government for approval before implementation.

    Auctions, tenders of the right of public positions and the specific measures by the municipal greening the city administration, in conjunction with other relevant administrative departments.

    13th (administrative rights) Inner ring elevated road, Yanan elevated road, the North-South elevated highway, Shanghai-Min Gao road, Yixian road elevated roads and municipal people's Government established public positions to install outdoor advertising facilities in important regions, public position right by the municipal greening the city administration auctions, tenders.

    Make use of other public positions to install outdoor advertising facilities, by the district (County) greening the city administration organization of public right to use positions auctions, tenders. Established by the municipal people's Government in the important area of application for non-public positions to install outdoor advertising facilities, accepted by the municipal greening the city administration.

    Access to other non-public positions to install outdoor advertising facilities applications by the district (County) greening the City Administration accepted.

    14th (procedures for public positions to install outdoor advertising facilities)

    The municipal or district (County) greening the city administration public positions the right auction, tender, auction, tender schemes should be developed, and seek the views of planning, industrial and commercial administrative departments at the same level. Install outdoor advertising facilities through auctions, tenders made public right to use positions should be in accordance with the municipal or district (County) greening the city administration signed contracts used in public positions, and pay a fee for public positions.

    Public positions fee should be paid in full finance.

    Install outdoor advertising facilities people, complete the following procedures, the installation of outdoor advertising facilities:

    (A) to (s) Administrative Department of planning applications for the planning permit of construction engineering (sporadic);

    (B) the design of outdoor advertising facilities, set renderings, positions using contracts to municipal or district (County) greening the city administration for the record;

    (C) according to the outdoor advertising registration regulations, municipal or district (County) of outdoor advertising registration administration for industry and commerce.

    15th (application for non-public positions to install outdoor advertising facilities)

    Use of non-public positions to install outdoor advertising facilities, setting shall be submitted to the municipal or district (County) greening the city administration applications, and provide the following materials:

    (A) business license;

    (B) advertising contracts;

    (C) the advertising artwork;

    (D) documents to prove real, legitimate advertising content;

    (E) certificate for the right to set positions of outdoor advertising facilities;

    (F) position location diagram of outdoor advertising facilities;

    (VII) drawings, set the effect of outdoor advertising facilities;

    (VIII) to install outdoor advertising facilities construction.

    16th (non-public positions to install outdoor advertising facilities approval) The municipal or district (County) greening the city Administrative Department shall receive non-public positions to install outdoor advertising facilities within 2 working days from the date of the application, to install outdoor advertising facilities planning and construction of relevant material written for similar views in the planning, administration, and outdoor advertising to be published content related materials written to solicit views of the industrial and commercial administrative departments at the same level.

    Planning, industry and commerce administration departments require applicants to supplement materials shall, within 2 working days of receipt of the request for comments, once told the municipal or district (County) greening the city administrations; municipal or district (County) greening the city Administrative Department shall promptly inform the applicant corrected material.

    After acceptance of the application, planning, industry and commerce administration departments shall, from the date of receipt of the request for comments on review comments within 10 working days and notify the municipal or district (County) greening the city administration review did not agree, it shall state the reasons in writing.

    The municipal or district (County) greening the city administration after receiving the review shall be in accordance with the following provisions:

    (A) by the planning approval, industry and commerce administration departments, municipal or district (County) greening the city administrative departments shall make a decision within 3 working days, inform the applicant in writing; approved, shall state the reasons in writing.
(B) review by the planning or administration of industry and commerce do not agree, the municipal or district (County) greening the city administration should immediately plan, the industrial and commercial administration sector review and the reasons for the applicant.

    The approval of installation of outdoor advertising facilities, the applicant shall have direct access to the district (County) Planning Administration Department for the planning permit of construction engineering (sporadic), municipal or district (County) of industrial and commercial administration departments for the outdoor advertising registration card.

    Materials are complete and in compliance with the statutory form requirements, planning, administration for industry and commerce shall be released within 3 working days.

    17th (facilities of term)

    Outdoor advertising facilities shall, within 6 months from the date of receipt of the approval decision set fails to set its approval shall automatically cease. Outdoor advertising facilities shall set a deadline of no more than 3 years, electronic display devices form of outdoor advertising facilities set a deadline of no more than 6 years.

    Specific set standards by the municipal greening the city administration under the term outdoor advertisement material, size and other factors separately.

    The application period of outdoor advertising facilities meet the criteria of setting a deadline, the municipal or district (County) greening the city Administrative Department shall be approved according to deadlines.

    After the expiry of outdoor advertising facilities belonging to public positions, it should be reorganized in accordance with the provisions of the present article 14th auction, tender belonging to non-public positions needed to be extended, should set expire on 30th to the original examination and approval authorities for extension of approval procedures.

    18th (temporary outdoor advertising facilities)

    For major cultural, sports, business and other activities are held, you need to set temporary outdoor advertising facilities, setting people should develop an interim programme of outdoor advertising facilities, and report to the municipal or district (County) greening the City Administration Department for approval.

    Provisional programme of outdoor advertising facilities shall conform to the requirements of the relevant technical specifications; setting a deadline not later than 30th.

    19th (facility sets) Outdoor advertising facilities shall be in accordance with the approved design drawings, set picture set, and shall not be changed without permission.

    Need to change should be in accordance with this regulation, to re-apply for approval.

    Outdoor advertising needs change, shall, in accordance with the relevant provisions, to the municipal or district (County) registration procedures for changing the Administrative Department for industry and commerce.

    Changed install outdoor advertising facilities shall be from the date of change in the 10th, to the municipal or district (County) greening the city, industry and commerce administration departments for change procedures.

    20th (approval of modification and withdrawal) Set up approval of outdoor advertising facilities on the basis of laws, rules and regulations amended or annulled, or granted approval of installation of outdoor advertising facilities on the basis of major changes in the objective situation, required in the public interest, and approved by the municipal people's Government, the approving authority may change or withdraw the entry into force of the administrative examination and approval according to law and shall inform the people of outdoor advertising facilities.

    Which setting caused property damage, the approving authority shall be given compensation.

    21st (innovative outdoor advertising facilities demonstration)

    Application set with special innovations require new forms of outdoor advertising facilities, without the appropriate technical specification requirements, municipal greening the city administration departments shall organize relevant experts to technology demonstration has been demonstrated in accordance with requirements for security, cityscape, grant set.

    22nd (source of electronic display device management)

    New, renovation or expansion projects, building, structure, façade installation of electronic display devices, the construction unit shall be submitted to the municipal or district (County) when planning administration application design, designs and other materials submitted to the electronic display devices.

    The municipal or district (County) when planning administrative departments in the review of the scheme of a construction project, electronic display device settings should be consistent with positions in planning and implementing programmes and the provisions relating to technical specifications, request for construction site (s) Green views in the city administration.

    Review does not meet the provisions of the municipal or district (County) and inform planning administration rejection reasons.

    23rd (maintenance obligations)

    Outdoor advertising facilities shall be in accordance with the relevant provisions of the regulations of Shanghai Municipal city appearance and environmental sanitation administration, maintenance of outdoor advertising facilities to maintain outdoor advertising facilities clean, tidy and in good condition.

    Outdoor advertising facilities are equipped with lighting, greening the city, shall comply with the requirements related to lighting specifications set by the Administrative Department.

    24th (safety management)

    Outdoor advertising facilities shall be in accordance with the relevant provisions of the regulations of Shanghai Municipal city appearance and environmental sanitation administration, strengthen day-to-day management of outdoor advertising facilities and security, ensuring strong outdoor advertising facilities, security.

    Install outdoor advertising facilities completed 2 years of, set the person shall, before June 1 of each year, in accordance with the provisions of the technical standards for the safety of outdoor advertising facilities for security testing, and to municipal or district (s) Green safety inspection reports submitted by city administrations; failed to pass the safety test of outdoor advertising facilities, setting shall immediately repair or demolition. Design Unit shall determine the useful life of outdoor advertising facilities.

    Outdoor advertisement facilities exceeded design life, sets should be updated.

    Municipal, district (County) greening the city administration, municipal administration Department (hereinafter referred to as law enforcement authorities) should strengthen supervision and inspection of safety of outdoor advertising facilities, and according to a certain proportion, secure samples of outdoor advertising facilities.

    Outdoor advertisement facilities on safety and technical standards by the municipal greening the city administration in conjunction with the city of quality and technical supervision administration separately.

    25th (facility demolition requirements) Install outdoor advertising facilities after the expiration setting should be removed in the 5th. Settings not removed by people, positions, all should be removed.

    After the expiry of the temporary outdoor advertising facilities, setting should be removed in the 2nd.

    Security breaches or loss of use of outdoor advertising facilities, City law enforcement department shall order the person to renovation or demolition within; fails to dismantle, torn down by the city law enforcement departments, the costs borne by the setting.

    26th (outdoor advertising content requirements) Outdoor advertising content shall conform to the provisions of the laws, regulations and rules should be true, healthy, not to deceive users and consumers in any form.

    Outdoor advertising characters, letters, and symbols used, shall conform to the national requirements.

    The contents of outdoor advertisements, public service advertising content shall not be less than 10% the proportion of space or time.

    Prohibited advertising content may adversely affect the outdoor advertising, set unit in its premises, publishing and production of products or except in outdoor advertising in connection with its services.

    Outdoor advertising that may adversely affect the scope by the municipal administration for industry and Commerce Department separately and disclosed.

    27th (information systems)

    City greening the city Administrative Department shall, in conjunction with city planning, industrial and commercial administrative departments to establish management information system of outdoor advertising facilities, position planning and implementation, technical specifications, set people, outdoor advertising facilities application and approval, and other relevant information into the information system.

    28th (complaints) No units or individuals found to be in violation of these regulations, can contribute to the greening the city administration, the city law enforcement department or other related complaints or reports by the administration.

    After receiving complaints and reports of relevant administrative departments, should be dealt with within the prescribed time, feedback and results.

    29th (has a penalty of provisions)

    For acts in violation of these measures, laws, rules and regulations on penalties from its provisions.

    30th (the punishment of violation of advertising content management)

    Violation of the second paragraph of this article 26th, third paragraph, does not meet the published requirements for public service ads, unpublished public service ads or advertising content may adversely affect the outdoor advertising, industrial and commercial administrative authority shall order correction within, a fine of 3000 Yuan and 30,000 yuan fine.

    31st (civil liability)

    Outdoor advertising facilities failed to maintain, update, outdoor advertising facilities facility collapsed, falling, causing personal or property damage, shall bear civil liability.

    32nd (administrative)

    Greening the city administration, the law enforcement departments, as well as planning, industrial and commercial administrative departments of any of the following acts, by the higher authorities ordered ex officio corrections, criticism, and persons directly responsible shall be given a warning, demerit-recording or demerit in serious cases, demoted, dismissed or expelled constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) it fails to set up positions in planning and implementing the programme or technical specifications;

    (B) is not in accordance with the provisions of the implementation of administrative licensing auction, tender or organization;

    (C) to find violations not corrective, investigated and dealt with according to law;

    (D) failing to perform their duties of supervision and management of the situation.

    33rd (violations committed by law enforcement officials to hold)

    Greening the city administration, the law enforcement departments, as well as planning, industrial and commercial administrative departments staff of any of the following acts, by their work units or by the competent authorities shall be given warning, demerit-recording or demerit in serious cases, demoted, dismissed or expelled constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) an implementation of the administrative license or an administrative penalty;

    (B) the use of violence, threats, and other means of enforcement;

    (C) wilfully damage or break the rules of property damage to their clients;

    (D) abuse of power, dereliction of duty or engages in other activities.

    34th (execution date) These measures shall take effect on January 1, 2011. Shanghai Municipal People's Government, the 43rd, December 15, 2004, issued by the Shanghai municipal regulation of outdoor advertising facilities repealed simultaneously.