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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

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Methods of management of external advertising facilities in the city of Shanghai

(Adopted by the Ministerial Conference of the Shanghai People's Government of 28 December 2010 No. 56 of 30 December 2010 and published as of 1 January 2011)

Article 1

In order to regulate the management of overseas advertising facilities in this city, this approach has been developed in the light of the National People's Republic of China's advertising law, the Act on the Management of Sanitation in the City of Shanghai, the Urban and Urban Planning Regulations of the Shanghai City and other relevant laws, regulations.

Article 2

This approach applies to the establishment of outdoor advertising facilities within the city's administration and their related management activities.

Article 3 (Definition)

The above approach refers to the use of buildings, constructions, sites (hereinafter referred to as single positions) slots, exhibits, electronic display devices, boxes, in-kind and other forms of advertising outside-house space.

Article IV (Management)

The urban greener administration sector is responsible for supervision management and integrated coordination in the offshore advertising facilities in this city, and the supervision management of outdoor advertising facilities in the area under the jurisdiction of the zone.

The municipal and district (zone) planning administration is responsible for planning licences and supervision of outdoor advertising facilities.

The municipal and district (zone) business administration sector is responsible for the conduct of inspection, content registration and supervision management issued by outside advertisements.

The construction of transport, ports, public safety, housing management, quality technics, environmental protection, prices and finance sectors in the city is in line with their respective responsibilities.

Article 5

The establishment of an outdoor advertising facility should be in line with the requirements for the planning of an outdoor advertising facility (hereinafter referred to as post planning) and its implementation programmes and related technical norms.

The unit utilizes the electronic displaying devices set by its operation gateway, and disseminates information such as the name of the unit, the mark, should be in line with the requirements for technical norms.

Article 6

The city's greener administration sector should be planned in accordance with the relevant administrations such as city planning, business and business, and following approval by the Government of the city's people, in accordance with the post-position planning, patterns and regional functional organizations.

The position planning should clarify the restricted areas of the outside advertising facility, the area of demonstration and control and the corresponding management requirements.

Article 7

The green administration sector in the area (at the district) should be implemented with the relevant administration sectors such as sector planning, business and business, in accordance with the position-planning organization's programme for implementation within the area under the jurisdiction of the city's greener city administration sector; and the approval of the municipal greener administration sector with the relevant administration sectors such as city planning, business and business.

Implementation programmes should be in line with this approach and the requirements for position planning.

Article 8

The city's greener administration sector should establish technical norms with the relevant administration to develop outdoor advertising facilities (hereinafter referred to as technical norms) in accordance with national and present technical standards relating to urban profiling, planning, environmental protection).

Article 9

In the course of position planning, implementation of programming and technical normative development, the organization of the preparation of the body should seek the views of relevant social organizations and experts, including the colloquium, and modify and improve the draft position planning, implementation of programmes and technical norms, in accordance with the views expressed.

Priorities planning, implementation of programmes and technical norms are submitted for approval, and the organization of the preparation body shall make a presentation on the draft rules of position planning, implementation of programmes and technical norms, as well as take colloquiums, hearings or other means to seek social public advice. The time, place and the means of solicitation shall not be less than 30 days and shall be communicated on the relevant government website in this city. The organizations should give full consideration to the views of the public in society and, in the material submitted for approval, accompany the adoption and the reasons.

After approval of position planning, implementation of programmes and technical norms, the organization of the preparation body shall be published in the full text of the relevant Government website and respond to the adoption of public opinion.

Article 10

After approval of position planning, implementation of programmes and technical norms, no unauthorized change shall be permitted; changes in the organizational structure shall be organized in accordance with the requirements of Articles 6, 7, 8 and 9 of this approach.

Article 11

In one of the following cases, an outside advertising facility shall not be established:

(i) The use of transport safety facilities and traffic symbols;

(ii) Impact on municipal public facilities, transport safety facilities and traffic symbols;

(iii) Obstacles the normal life of the population, damaging the urban profile or the image of the building;

(iv) Use trees or destroy green areas;

(v) Scope of national organs, landscapes;

(vi) In the area under the control of the property protection unit and the construction of a good historic building.

Exclusive advertisement facilities are prohibited within the context of the road dividends in this city, except for the use of public vouchers to beds, and the sub-opership facilities established by public telephone booths.

Article 12

The right to use the public position to establish an outdoor advertising facility should be obtained through auctions and tendering.

The right to use a position may be obtained through agreements, auctions, solicitation.

The scope of the public position is provided by the municipality's Greenization Administration and the municipal planning administration sector, which reports to be implemented after the approval of the Government.

The public position uses the auction, the specific method of solicitation, which is developed by the city's greener administration sector with other relevant administrations.

Article 13 (Management authority)

The use of the medium-sized roads, the extension of the highway, the South-North highway, the highway of the navia, the highway of the naviaway and the creation of outdoor advertising facilities for public positions in key areas identified by the Government of the city, was organized by the city's green city administration sector to organize public position auctions, tenders. The use of other public posts for the creation of an outdoor advertising facility is organized by a public position auction and solicitation by a greener administration sector.

The application to establish outdoor advertising facilities in key areas identified by the Government of the urban people is accepted by the municipality's greener administration. Applications for the establishment of outdoor advertising facilities at other non-public positions are received by the greening city administration sector.

Article 14.

The use of the auctions of public positions by the municipality or subdistrict (Parliament) in the green administration sector should be developed when tendering is made available, the solicitation programme should be developed and the views of the relevant administrations such as grade planning, business and business.

The occupants of an outdoor advertising facility shall enter into a public position using the right to use the public position through the auction, tendering, and shall enter into a public position with the municipality or sector (area) in the green administration sector, and pay royalties to public positions. The royalties should be paid in full.

In the event of the placement of an ex-clusive advertising facility, an outdoor advertising facility may be established:

(i) To apply to the planning administration sector for the construction of engineering planning licences (stars);

(ii) To design maps for outdoor advertising facilities, set up impact maps, use of position contracts to the city or subtropolitan administration sector;

(iii) In accordance with the relevant provisions of the registration of expatriate advertisements, external advertisements are registered to the municipality or to the sector of the business administration of the district (the district).

Article 15

The establishment of an outdoor advertising facility using a non-public position shall apply to the urban or subtropolitan administration and provide the following materials:

(i) The licence of business;

(ii) Advertising contracts;

(iii) A variety of advertisements;

(iv) Confirmation of the authentic and legitimate document of the advertising content;

(v) Confirmation of the right to use a position at an outdoor advertising facility;

(vi) A map of the location of the position of the outside advertising facility;

(vii) To design maps for outdoor advertising facilities and to establish results maps;

(viii) Construction maps for outdoor advertising facilities.

Article 16

The green administration sector in the city or district (the district) should seek the views of the same-level business administration in writing from two working days from the date of receipt of an application for the establishment of an outdoor advertising facility by a non-public position, in the form of a request for planning the construction of an outdoor advertising facility. The planning, business administration sector requires the applicant to supplement the material and, within two working days of the date of receipt of the request, a one-time notification of the administrative branch of the greening city or subjugation should be made available to the applicant in a timely manner.

Upon receipt of the request, the Planning, Business Administration shall submit a review opinion within 10 working days of the date of receipt of the request and communicate in writing to the municipality or area (the district) greener administration sector; review of the non-consistency shall provide written reasons.

After having received a review opinion from the green administration sector in the city or area (the district), the following provisions should be made:

(i) Upon review of consent by the planning, business administration sector, a decision shall be taken within three working days for approval by the urban or district (the district) greener administration to inform the applicant in writing; and the reasons should be given in writing.

(ii) A review by the planning or business administration sector of disagreements, and the administration sector in the green market or area (the district) shall immediately communicate the review observations of the planning, business administration and their reasons to the applicant.

Upon approval of the establishment of an outdoor advertising facility, the applicant shall, directly to the District (Parea) planning administration, give a “exploitation certificate” to the municipal or district (zone) business administration. The planning, business administration should be issued within three working days for the material to be fully and in accordance with the statutory requirements.

Article 17

Indoor advertising facilities should be established within six months from the date of receipt of the approval decision; the unplanned delay and the self-application of its approval.

The establishment of an outdoor advertising facility is generally not more than three years, and the establishment of an outdoor advertising facility in the form of an electronic witness does not exceed 6 years. The specific set-up criteria are provided by the municipality's greener administration in accordance with the material, size, etc. of the external advertising facility.

The duration of the application set by outside advertising facilities is in line with the criteria for the duration of the time frame, and the administration of the greening city, either in the city or in the subtropolitan area, should be approved in accordance with the application period.

After the expiry of the establishment of an outdoor advertising facility, a public position should be reorganized, tendering, in accordance with article 14 of this approach, and the need for extensions in the use of a non-public position, which shall be submitted to the original approval authority for the approval of the extension process by 30 years of the establishment.

Article 18

As a result of large cultural, sports and business activities, temporary outdoor advertising facilities need to be established, the designers should develop programmes for advertised facilities for temporary wards, and approval by the municipal or regional greener administration.

The programme for the establishment of temporary expatriate facilities should be in line with the requirements for technical norms; it should not exceed 30 days.

Article 19

In-house advertising facilities should be established in accordance with approved design maps, the results maps should not be changed. Changes should be required, and the approval process should be revisited in accordance with this approach.

The content of external advertising needs to be changed and the registration process should be conducted in accordance with the relevant provisions to the municipal or district (zone) business administration.

Changes in the creation of an outdoor advertising facility should be made available to the urban or subtropolitan sectors within 10 days of the change.

Article 20

The approval of laws, regulations, amendments or repeals on the basis of the approval of an external advertising facility, or the granting of an indoor advertising facility for the purpose of the approval, with the approval of the Government of the urban people, the approval of the approval body may change the law or withdraw the administrative approval that has entered into force and, in writing, informs the creativity facility designers. As a result, the author's loss of property should be compensated by law.

Article 21

A new form of advertised facilities with special innovation requirements, without the corresponding technical normative requirements, should organize technical arguments by the municipality's greener administration authorities, and be granted by the argument that they are in compliance with the requirements of safety, the city landscape.

Article 2 (Electronic head management of the device)

In the context of new construction, alteration and expansion of construction works, the construction units should submit materials such as the design of electronic demonstration devices when planning the administration sector for the review of design programmes to the city or area (the district).

In reviewing the construction engineering design programme, the municipality or the district (zone) planning administration sector should seek advice from the greening administration sector in the area where construction works are located (at the district) in the green market.

Upon review, the municipal or district (zone) planning administration is not approved and informed.

Article 23

The creativity facility should be maintained for the maintenance of outdoor advertising facilities, in accordance with the relevant provisions of the Ordinance on Exclusive Sanitation Management in the City of Shanghai, and to maintain the integrity and integrity of external advertising facilities.

The lighting equipment provided by an outdoor advertising facility should be in line with the requirements for lighting regulations developed by the municipality's green administration.

Article 24 (Security management)

The creativity facilities should be strengthened in the day-to-day management and safety inspections of outdoor advertising facilities, in accordance with the relevant provisions of the Shanghai City Regulation.

In addition to two years, the creativity should be conducted by 1 June each year, by 1 June, in accordance with the provisions of the technical standards for the safety of expatriate facilities and by submitting safety testing reports to the public administration sector in the city or subtropolitan city (the district) greener administration sector; and in the case of unqualified outdoor advertising facilities for safety tests, the establishment of a person should be immediately refurbished or removed.

The design units should clarify the length of the design of outdoor advertising facilities. Outdoor advertising facilities are more than the design time limit, and the designers should be updated.

The urban and district (zone) greener administration sector, the urban administration administration administration administration administration administration administration (hereinafter referred to as the urban administration), should enhance oversight of the safety of outdoor advertising facilities and, in accordance with a certain proportion, security screening of outdoor advertising facilities.

The technical standards for the safety of expatriate facilities are established by the municipality's greener administration and the municipal quality technic administration.

Article 25

After the expiry of the establishment of an outdoor advertising facility, the creators should be removed within five days. The designers were not removed and the owner should be removed. After the expiration of the temporary advertising facility, the creativity shall be removed within 2 days.

There is a security hidden or lost value for outdoor advertising facilities, and the urban administration should be responsible for setting up time-bound renovations or dismantlings, and for having been dismantled by the urban law enforcement authorities, and the costs are borne by the designers.

Article 26

The content of external advertisements should be consistent with the provisions of laws, regulations and regulations, which should be true, health and should not be deceptive to users and consumers in any form. The words, letters and symbols used by outside advertising should be consistent with national provisions.

There is no less than 10 per cent of the number of public advertisements.

The prohibition of advertising outdoor advertisements that may have adverse effects is prohibited, except for the placement of units in their places of operation, the publication of products produced or outside advertisements related to their business services.

There may be a specific scope for external advertisements that may have adverse effects, which are provided by the municipal and business administration and made public.

Article 27 (Information systems-building)

The urban greener administration sector should include information on the management of outdoor advertising facilities in the relevant administrations, such as municipal planning, business and business, and the planning of positions and their implementation programmes, technical norms, designers, and requests for and approval for placement of outdoor advertising facilities.

Article 28 (Migation of complaints)

Any unit and individual found that there was a violation of this approach and could lodge complaints or reports to the green city's executive branch, the urban administration or other relevant administrative departments. Upon receipt of complaints and reports by the administration, the results should be processed within the prescribed period and will be treated back.

Article 29

In violation of this approach, the laws, regulations, regulations and regulations have already been penalized, which are provided for.

Article 33 (Criminal penalties for advertising content)

In violation of article 26, paragraph 2, paragraph 3, of the present approach, public advertisements do not meet the requirement of proportionality, unpublished public advertisements or advertisements which may have adverse effects, are being converted by a time limit of up to 3,000 yen.

Article 31 (Civil liability)

The establishment of an outside advertising facility does not maintain in a timely manner, update the external advertising facility, resulting in the collapse of the facility, degradation, etc., causing the loss of the person or property of another person, and should be subject to civil liability under the law.

Article 32 (Administrative oversight)

One of the following acts in the relevant administrations, such as the green administration sector, the urban administration and the planning, business and business sector, are to be redirected by the superior authorities on the basis of their mandate, to inform the criticism and may be warned, defaulted or taken over by the direct responsible person in accordance with the law; in serious circumstances, giving downgradation, removal or removal of disposal; and in the form of an offence, to hold criminal responsibility:

(i) No position planning and its implementation programmes or technical norms, as required;

(ii) No administrative licence or organization of the auction, tendering, as prescribed;

(iii) Inadequate redress and investigation of the founding offences;

(iv) Other cases where oversight functions are not performed by law.

Article 33 (Central accountability for violations committed by law enforcement officials)

The staff of the executive branch, the municipal administration and the relevant administrations, such as planning, business and business, are one of the following acts, which are warned by their offices or by the superior authorities in accordance with the law; in the case of serious circumstances, giving downgrading, removal or dismissal; and constitute a crime, and hold criminal responsibility under the law:

(i) Execution of administrative licences or administrative penalties in violation of the law;

(ii) Law enforcement using tools such as violence, threats;

(iii) The intentional damage or the breach of the provisions that undermine the property of the parties;

(iv) Other acts of abuse of authority, negligence, favouring private fraud.

Article 34 (Actual date of application)

This approach has been implemented effective 1 January 2011. The approach to the management of offshore advertising facilities, issued by the Shanghai People's Government Order No. 43 of 15 December 2004, was also repealed.