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PRC Advertising Law

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					PRC Advertising Law
PRC Advertising Law
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Law of the People
(Third on the 14th)
"The People's Republic of China Advertising Law"
by the Eighth National People's Congress Standing Committee 10th
meeting of October 27, 1994, is hereby promulgated, February 1, 1995 shall come
into force.
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The People's Republic of China President Jiang Zemin
October 27, 1994
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Chapter I General Provisions
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The first purpose of regulating advertising activities to promote the healthy
development of the advertising industry, protect the legitimate rights and interests of
social and economic order, advertising in the socialist market economy play an active
role in this Law is formulated.
Article advertisers, advertising operators and advertisement publishers engaged in
advertising activities in the PRC
Action, should abide by the law.
This law advertising is a commodity operator or service provider pays for, and shaped
by certain media
Type directly or indirectly introducing their commodities being sold or the services
provided by commercial advertising.
This Act referred to advertisers, is defined as selling goods or providing services
themselves or entrust others to design system
For, advertising of legal persons, other economic organizations or individuals.
Advertising operators mentioned in this Law, is commissioned to provide advertising
design, production, agency services, legal persons, their
His economic organization or individual.
Advertising publishers mentioned in this Law, is defined as advertisers or advertisers,
advertising agents who commissioned advertising
Legal person or other economic organizations.
Article advertisement shall be true, lawful, consistent with the requirements of
socialist spiritual civilization.
Article shall not contain any false advertising, not to deceive and mislead consumers.
Article advertisers, advertising operators and advertisement publishers engage in
advertising activities, abide by the law, OK
Government regulations and adhere to fairness, honesty and credibility.
Article VI of industry and commerce administration departments above the county
level is the advertising supervision and administration.
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Chapter II Requirements of Advertising
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Article advertisements shall be conducive to people's health, and promote
improvement in the quality of goods and services,
Protecting the legitimate rights and interests, respect social morality and professional
ethics, and safeguard the dignity and interests.
Advertisements may not contain the following circumstances:
(A) the use of The People's Republic of China national flag, national
emblem, national anthem;
(B) the use of state organs and state organs in the name;
(C) the use of state-level, the most advanced, best other language;
(D) prevent harm to social stability and personal and property safety, harm the public
interest;
(E) to undermine public order and contrary to good social customs;
(F) contains obscene, superstitious, terror, violence, evil;
(7) contains ethnic, racial, religious, gender discrimination;
(8) affects the environment and natural resources protection;
(9) legal and administrative regulations prohibit the other cases.
Ad Article VIII shall not prejudice the health of minors and the disabled.
Article advertising the performance of the commodity, origin, use, quality, price,
manufacturer, expiration date,
Promise, and service content, form, quality, price and promise shall be clear and
explicit.
The advertisement of goods, providing services, gifts, and should indicate the type
and quantity of gifts.
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Article advertisement data, statistics, survey results, abstracts, quotations, should be
true, accurate
Indeed, the sources clearly indicated.
Article advertisement involving patented products or patent methods shall be marked
with the patent number and type of patent.
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Not patented, can not pretend to obtain patents in the ad.
Prohibition of the use is not granted patents and patent applications have been
terminated, canceled or invalid patents to advertise.
Article XII advertisement may not belittle the other producers of goods or services.
13th advertisement shall be distinguishable, so that consumers can identify it as
advertising.
Mass media form of news report may not be published. Published by mass media
advertising should be
When advertising tags, and other non-advertising information and shall not be
misleading to consumers.
Article XIV of drugs, medical devices shall have the following ad:
(A) with unscientific assertions or assurances;
(B) shows the cure rate or efficient;
(C) and other drugs, medical devices comparable efficacy and safety;
(D) medical research institutes, academic institutions, medical institutions, or experts,
doctors, patients on behalf of
And image as proof of;
(E) the legal, administrative regulations and other prohibited content.
Article XV of advertisements for pharmaceuticals must be based on the State Council
administrative department of health or the provinces, autonomous regions directly
under the
City health instructions approved by the executive branch.
National regulations should be used in medical treatment under the guidance of drug
advertising, must be marked "by the doctor
Parties purchase and use. "
Article XVI of narcotic drugs, psychotropic substances, toxic drugs, radioactive
pharmaceuticals and other special drugs, not to do
Ad.
Ad Article XVII of pesticides may not have the following:
(A) the use of non-toxic, harmless to the absoluteness of safety, such assertions;
(B) contains unscientific assertions or assurances;
(C) safe use of pesticides that violate the rules of the language, the language or
pictures;
(D) legal, administrative regulations and other prohibited content.
Article XVIII prohibits the use of radio, film, television, newspapers, periodicals
tobacco advertising.
Prohibited in various waiting rooms, theaters, meeting halls, sports stadiums and other
public places tobacco-Canton
Reported.
Advertisements for tobacco must be marked with "Smoking is harmful to
health."
The 19th article of food, alcoholic drinks or cosmetics must comply with health
content licensing matters, and shall not
Easy to use medical terms or confusing language and drugs.
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Chapter III Advertising Activities
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Diershitiao advertisers, advertising operators and advertisement publishers in the
advertising campaign should be set according to the law
Written contract, to define the rights and obligations.
Twenty-one advertisers, advertising operators and advertisement publishers shall not
conduct any form of advertising activities
Type of unfair competition.
Twenty-two advertisers on their own or entrust the design, production, advertising, the
selling of goods
Or provide services shall comply with its business scope.
Article 3 advertisers commissioned to design, produce and publish advertisements,
should be entrusted with legal business status
Advertising operators and advertisement publishers.
Twenty-four advertisers on their own or entrust the design, production, advertising,
shall have or
Provide real, legitimate, effective the following documents:
(A) business license and other production and operation qualification certificates;
(B) quality inspection agency advertising content in the product quality certificates
issued;
(C) to confirm the authenticity of advertisements and other documents.
In accordance with the provisions of Article 14 provisions of advertising by the
relevant competent administrative departments need to review, but also
When the provision of relevant documents of approval.
Twenty-five advertisers or advertising agents to use another name in the ad, the image
should be something
Obtain prior written consent of others; use without civil capacity or with limited
capacity for civil conduct in the name, shape
Like, it shall obtain prior written consent of their guardians.
Article 6 in the advertising business shall have the necessary professional and
technical personnel, production equipment, and
According to law firm or advertising business registration before engaging in
advertising activities.
Radio stations, television stations, newspapers and publishing unit of advertising,
should be its advertising business specializing in
Organization to perform, and registration for concurrent advertising according to law.
27th Where an advertisement operator advertising in accordance with laws,
administrative regulations, examine relevant documents,
To verify the contents. On the content of false or incomplete documentation of
advertising, advertising operator may not provide the design,
Production, agency services, advertising publisher may not publish.
28th Where an advertisement operator, advertising publishers, according to state
regulations, establish and improve the advertising industry
Works of registration, examination, and record management.
29th Advertising charges shall be reasonable, open, charging standards and measures
should be reported to the price and work
Business administration department.
Advertising operators and advertisement publishers shall make public their charges
and fees.
The third ten advertising publishers to advertisers, advertising operators to provide the
media coverage, ratings, issued
Line capacity, etc. should be true.
第三十一条 laws and administrative regulations prohibit the production and sale of
goods or services provided to
And the prohibition of advertising of goods or services may not be designed,
produced and published.
32nd any of the following circumstances shall not be allowed outdoor advertising:
(A) the use of traffic safety facilities, traffic signs;
(B) the impact of municipal public facilities, traffic safety facilities, traffic signs;
(C) prevent the production or the people's livelihood, damage view of the
city;
(D) State agencies, cultural relics protection units or scenic sites in controlled areas;
(E) prohibits the local people's governments above the county level set the
outdoor advertisements.
第三 set 13 outdoor advertising planning and management approach, the local
people's governments above the county level
Advertisements supervision and control, urban construction, environmental protection,
public security departments.
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Chapter IV review advertising
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第三 14 by means of radio, film, television, newspapers, periodicals and other media
advertising medicines, medical
Treatment equipment, pesticides, veterinary drugs and other goods, the advertising
and legal and administrative regulations should be reviewed in the other ads,
Must be according to relevant laws and administrative regulations by the relevant
administrative departments (hereinafter referred to as advertising review
Authority) to review the content of advertising; uncensored, shall not be released.
35th Where an advertisement when applying for advertisement examination shall be
in accordance with laws and administrative regulations to the advertisement
examination organ
Submit the relevant documents. Advertisement examination organ shall, in
accordance with laws and administrative regulations to review the decision.
36th No unit or individual shall forge, alter or transfer the advertisement examination
decision file.
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Chapter V Legal Liability
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37th in violation of this law, use of advertising for goods or services to make false
propaganda, the advertising
Supervision and control organ shall order the advertiser to stop publishing, and
advertising costs in equal installments within the public correction of the
corresponding elimination
The impact of advertising costs and impose a fine of more than five times; for the
responsible advertising operator or advertisement issued
Cloth confiscate the advertising charges, advertising costs and impose a fine of more
than five times; the circumstances are serious, they shall be stopped
Only its advertising. Constitute a crime shall be held criminally responsible.
38th in violation of provisions of this Law, false advertising, deceptive and misleading
to consumers, so that purchases of goods
Or accept the services of the legitimate rights and interests of consumers are harmed
by the advertiser shall bear civil liability; ad
Operators, advertising publisher knows or should know is still false advertising design,
production, release, shall bear
Joint and several liability.
Advertising operators and advertisement publishers to provide advertisers not the real
name, address, and shall bear all
Civil liability.
Community groups or other organizations, in the false advertising to consumers of
goods or services recommended, so that consumers
Damage the legitimate rights and interests shall bear joint and several liability.
39th Where publishing of an advertisement violates the provisions of Article VII of
the second paragraph, the advertising supervision and control organ responsible for
Make responsible advertisers, advertising operators and advertisement publishers to
stop, open corrections, confiscate the advertising charges
Use, and impose advertising costs more than five times the fine; circumstances are
serious, according to the advertising business.
Constitute a crime shall be held criminally responsible.
Fourth advertising violates this Article 10 to Article XII, the advertising supervision
and administration
Shall order the advertisers, advertising operators and advertisement publishers to stop,
open corrections, confiscate the advertising
Costs, advertising costs can impose a fine of more than five times.
Advertising violation of this Article XIII, the advertising supervision and control
organ shall order the advertisement publisher correction
Impose a fine of a thousand 10 thousand yuan shall be imposed.
第四十一条 violation of the provisions of Article XIV to Article XVII, the 19th
article, advertisement for pharmaceuticals, medical
Equipment, pesticides, food, liquor, cosmetics advertising, or in violation of the
provisions of this Law 第三十一条 advertising
, The advertising supervision and control organ shall order the responsible advertisers,
advertising operators and advertisement publishers to correct or
To stop publication, confiscation of advertising fees, advertising costs can impose a
fine of more than five times; plot Yan
Weight, according to the advertising business.
42nd violation of the provisions of Article XVIII of this Law, the use of radio, film,
television, newspapers, periodicals
Posted on tobacco advertising, or in public places, tobacco advertising, the advertising
supervision and control organ shall order the bear responsibility
Any of the advertisers, advertising operators and advertisement publishers to stop,
confiscate the advertising expenses, advertising costs can impose
With more than five times the fine.
43rd violation of the provisions of Article 14 provisions, without the advertisement
examination organ for examination and approval, publishing
Advertising, the advertising supervision and control organ shall order the advertiser,
advertising operator and advertisement publisher stopped
Just released, the confiscation of advertising fees, advertising costs and impose a fine
of more than five times.
44th Where an advertisement the main provision of false documentation, the
advertising supervision and control organ shall impose a million for
At 100,000 yuan shall be imposed.
Forged, altered, or decision to purchase advertising review documents, the advertising
supervision and control organ shall confiscate the illegal income,
Impose a 10,000 yuan fine of not less than 100,000 yuan. Constitute a crime shall be
held criminally responsible.
45th Where an advertisement examination organ of the illegal advertisements to
examination and approval decision on the direct negative
Responsible person in charge and other directly responsible personnel, by unit, the
higher authorities, administrative supervisory departments
To administrative sanctions.
46th Where an advertisement supervision and management authorities and the
advertisement examination organ, who neglects his duty, abuse of
Power, practice favoritism, and to administrative sanctions. Constitute a crime shall
be held criminally responsible.
47th of your ads, advertising operators and advertisement publishers violation of this
Law, the following violations by
As one of the bear civil liability according to law:
(A) harm minors in advertising, or physical and mental health of persons with
disabilities; (b) pass off the patent
Of; (c) belittle other producers of goods or services; (d) use his advertising without
consent
The name, image; (e) other acts that infringe upon civil rights.
If any party is dissatisfied with the decision on administrative penalty may be
receiving the penalty notice from the date of 15
Days to make a decision shall apply for reconsideration to the upper level authorities;
party may also receive notification of the penalty
Within fifteen days from the date directly to the people's court.
The reconsideration organ shall from the date of receiving the application for
reconsideration, make a reconsideration decision within sixty days. Parties to the
reconsideration decision
Be dissatisfied, he may in receiving the reconsideration decision within fifteen days
from the date of the court. The reconsideration organ fails
To make a decision, the party may review within fifteen days from the date of expiry
of the people's court.
If the party neither applies for reconsideration nor the people's court, nor
complies with the punishment decision, to punish
The decision or apply for enforcement.
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Chapter VI Supplementary Provisions
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49th This Law shall February 1, 1995 shall come into force. Enacted before the
implementation of this Law and other relevant
Advertising laws and regulations inconsistent with the content of this Law, this Law
shall prevail.

				
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