Provisions on the Administration of Advertising Release and Registration
Decree No.89 of the State Administration for Industry and Commerce
The Regulations on the Administration of Advertising Publication and Registration, which was deliberated and adopted at the executive meeting of the State Administration for Industry and Commerce of the People’s Republic of China, is hereby promulgated and shall come into force as of December 1, 2016.
Director Zhang Mao
November 1, 2016
Provisions on the Administration of Advertising Release and Registration
(Promulgated by Order No.89 of the State Administration for Industry and Commerce on November 1, 2016)
Article 1 These Provisions are formulated in accordance with the Advertising Law of People’s Republic of China (PRC) (hereinafter referred to as the Advertising Law), the Administrative Licensing Law of People’s Republic of China (PRC) and other laws and administrative regulations in order to strengthen the supervision and management of advertising activities and standardize the registration of advertising.
Article 2 A radio station, television station, newspaper publishing unit (hereinafter referred to as advertising publishing unit) that engages in advertising publishing business shall apply to the local administrative department for industry and commerce at or above the county level for registration of advertising publishing.
Article 3 The State Administration for Industry and Commerce shall be in charge of the supervision and administration of the publication and registration of advertisements nationwide.
The local administrative departments for industry and commerce at or above the county level shall be responsible for the publication and registration of advertisements and related supervision and management within their respective jurisdictions.
Article 4 To register advertisements, the following conditions shall be met:
(1) Having the qualification of a legal person; A newspaper publishing unit that does not have the legal person qualification shall apply for the registration of advertising release by its organizer with the legal person qualification;
(2) Having an organization specialized in advertising business;
(3) Having advertising practitioners and advertising examiners who are familiar with advertising laws and regulations;
(4) Having a place and equipment suitable for advertising.
Article 5 To apply for advertising registration, the following materials shall be submitted to the administrative department for industry and commerce:
(1) Application Form for Advertising Publication and Registration;
(2) Relevant media approval documents: radio stations and television stations shall submit the License for Radio and Television Broadcasting Organizations and the License for Radio and Television Channels; newspaper publishing units shall submit the License for Newspaper Publishing and periodical publishing units shall submit the License for Periodical Publishing;
(3) Certification documents of legal person qualification;
(4) The certification documents of the advertising agency and the appointment documents of the person in charge;
(5) Certification documents of advertising practitioners and advertising examiners;
(6) Certificate of use of the place.
The administrative department for industry and commerce shall, within five working days from the date of accepting the application, make a decision on whether to approve the registration. If registration is granted, the decision to grant registration shall be announced to the public; If the registration is not granted, the reasons shall be explained in writing.
Article 6 Advertising publishing units shall use their own broadcasting frequencies, TV channels, newspapers and periodicals to publish advertisements.
Article 7 The term of validity of advertisement publishing registration shall be consistent with the term of validity of the approval documents submitted by the advertisement publishing unit in accordance with the provisions of Article 5, paragraph 1, item 2 of these Provisions.
Article 8 In case of any change in the registered items of advertising, the advertising publishing unit shall apply to the administrative department for industry and commerce for registration of change within 30 days from the date of the change.
To apply for changing the registration of advertising release, an Application Form for Changing the Registration of Advertising Release and supporting documents related to the change shall be submitted.
The administrative department for industry and commerce shall make a decision on whether to approve the change within five working days from the date of accepting the application for change. If the change is approved, the decision to approve the change shall be announced to the public; If it is not changed, the reasons shall be explained in writing.
Article 9 Under any of the following circumstances, the advertising publishing unit shall apply to the administrative department for industry and commerce for cancellation of registration in time:
(1) The validity period of the advertisement publishing registration expires and the advertisement publishing unit has not applied for extension;
(two) the legal person qualification of the advertising publishing unit is terminated according to law;
(3) The registration of advertisement release is revoked or revoked according to law;
(four) the advertising publishing unit does not meet the conditions stipulated in Article 4 of these Provisions due to changes in circumstances;
(five) the advertising unit stops engaging in advertising;
(six) other circumstances in which the registration of advertising should be cancelled according to law.
Article 10 Where it is necessary to extend the registration of advertisement release upon the expiration of the validity period, the advertising publishing unit shall apply to the administrative department for industry and commerce for extension 30 days before the expiration of the validity period. The administrative department for industry and commerce shall make a decision on whether or not to approve the extension before the expiration of the validity period of the advertisement release registration. If the extension is granted, the decision to grant the extension shall be announced to the public; If it is not extended, the reasons shall be explained in writing; If no decision is made within the time limit, it shall be deemed to be granted.
Eleventh advertising units shall establish and improve the system of registration, audit, file management, statistical reports and other advertising business.
Article 12 An advertising publishing unit shall, in accordance with the requirements of the advertising statistical report system, fill in the Advertising Statistical Report on time through the advertising statistical system and submit the advertising operation of the previous year to the administrative department for industry and commerce.
Article 13 The administrative department for industry and commerce shall, in accordance with the relevant provisions, supervise and manage the advertising publishing units within its jurisdiction in the form of spot checks. Spot checks include:
(a) whether to engage in advertising activities in accordance with the registration items of advertising;
(2) Information on advertising practitioners and advertising censors;
(3) The establishment and implementation of basic management systems such as registration, audit, file management and statistical reports for advertising business;
(four) whether to submit the "advertising statistical report" in accordance with the provisions;
(five) other matters that need to be checked.
Article 14 Where the administrative department for industry and commerce revokes the registration of advertising release of an advertising publishing unit in accordance with the provisions of the Advertising Law, it shall notify the administrative department for industry and commerce that has registered the advertising release of the advertising publishing unit within 10 days from the date of making the decision.
Fifteenth radio stations, television stations, newspapers and periodicals publishing units engaged in advertising business without registration, the administrative department for Industry and Commerce shall investigate and deal with it in accordance with the provisions of Article 60 of the Advertising Law.
Anyone who obtains the registration of advertisement release by cheating, bribery or other improper means shall be revoked by the administrative department for industry and commerce according to law and be fined between 10,000 yuan and 30,000 yuan.
If the registered items of advertising release change, and the advertising release unit fails to handle the change registration according to the regulations, the administrative department for industry and commerce shall order it to change within a time limit; If the registration of change has not been handled within the time limit, a fine of not less than ten thousand yuan but not more than thirty thousand yuan shall be imposed.
If the advertising publishing unit fails to submit the Statistical Report of Advertising Industry as required, it shall be given a warning by the administrative department for industry and commerce and ordered to make corrections; Refuses to correct, a fine of ten thousand yuan.
Article 16 The administrative department for industry and commerce shall announce the registration information of advertisement release, such as approval of advertisement release registration, change registration and cancellation registration, to the public through its portal website or government public service platform. If it cannot be announced through the above channels, it shall be announced to the public through newspapers and other mass media.
The advertising registration information and administrative punishment information of an enterprise shall be publicized to the public according to law through the enterprise credit information publicity system.
Article 17 These Measures shall come into force as of December 1, 2016. The Measures for the Administration of Advertising Business License promulgated by the State Administration for Industry and Commerce on November 30, 2004 shall be abolished at the same time.