国家工商行政管理总局令第16号

（Promulgated¹ by the State Administration for Industry and Commerce on 30 November 2004 and effective as of 1 January 2005.）

颁布日期：20041130 　实施日期：20050101 　颁布单位：国家工商行政管理总局

　　Article 1　These Procedures have been formulated² in accordance with the PRC， Advertising³ Law， the PRC， Administrative⁴ Licensing⁵ Law， and the Administration of Advertising Regulations in order to strengthen the supervision⁶ and administration of advertising business activities and standardize⁷ the examination， approval and registration⁸ of advertising business.

　　Article 2　The following work units that intend to engage in advertising business shall submit an application to the advertising regulatory authority in accordance with the provisions hereof， and may engage in the corresponding advertising business activities only after obtaining an Advertising Business Permit：

　　1. broadcasting radio stations， television stations and publishers of newspapers and periodicals；

　　2. institutions； and

　　3. work units that are subject to examination， approval and registration of advertising business according to laws and administrative regulations.

　　Article 3　For the purposes of these Procedures， an “advertising regulatory authority” shall be an administrative authority for industry and commerce at or above county level.

　　For the purposes of these Procedures， “advertising business units” shall be various types of work units listed in Article 2 that have applied⁹ for engagement in advertising business and obtained an Advertising Business Permit in accordance with these Procedures.

　　Article 4　An Advertising Business Permit is the legal certificate for an advertising business unit to engage in advertising business activities.

　　An Advertising Business Permit has an original and a copy. Both the original and the copy have the same legal effect.

　　An Advertising Business Permit specifies¹⁰ information such as the permit number， the name， business premises¹¹， legal representative （or responsible person） of the advertising business unit （or institution）， the scope of advertising business， the issuing authority and the date of issue.

　　Article 5　In an Advertising Business Permit， the scope of advertising business shall be prescribed in accordance with the following terms：

　　1. Broadcasting radio stations： design and production of broadcast advertisements， and dissemination¹² of domestic and foreign advertisements using self-owned broadcasting radio stations.

　　2. Television stations： design and production of television advertisements， and dissemination of domestic and foreign advertisements using self-owned television stations.

　　3. Newspaper publishers： design and production of printed advertisements， and dissemination of domestic and foreign advertisements using self-owned [name of newspaper].

　　4. Periodical publishers： design and production of printed advertisements， and dissemination of printed advertisements using self-owned [name of periodical].

　　5. Other work units that have advertising business as a sideline business： dissemination of xx advertisements using self-owned media （premises）， and design and production of xx advertisements.

　　Article 6　The State Administration for Industry and Commerce shall be in charge of the regulatory work of Advertising Business Permits.

　　The advertisement regulatory authorities at various levels shall be in charge of the issuance， change， cancellation¹³ of Advertising Business Permits and the routine regulatory work thereof within their jurisdiction¹⁴ at their respective level.

　　Article 7　To apply for an Advertising Business Permit， the following conditions shall be met：

　　1. have the media or means to disseminate¹⁵ advertisements directly；

　　2. have a dedicated¹⁶ advertising business organization；

　　3. have the equipment and business premises for advertising business； and

　　4. have advertising professionals and an advertisement examiner that is familiar with advertising regulations.

　　Article 8　Applications for Advertising Business Permit shall be handled in accordance with the following procedure：

　　The application documents specified¹⁷ in Article 9 shall be submitted by the applicant¹⁸ to the competent advertising regulatory authority at or above county level at the place where it is located.

　　The advertising regulatory authority shall render a decision on whether or not to grant approval within 20 days of the date of acceptance of the application. If the application is approved， an Advertising Business Permit shall be issued. If approval is not granted， the reasons therefor shall be stated in writing.

　　Article 9　To apply for an Advertising Business Permit， the following application materials shall be submitted to the advertising regulatory authority：

　　1. An Application Form for Advertising Business Registration.

　　2. Proof of the advertising media. In the case of a medium that requires approval for operation according to laws and regulations such as broadcasting radio station， television station， newspaper and periodical， the relevant approval document shall be submitted.

　　3. A list of advertising business equipment and proof of business premises.

　　4. Supporting documents for the responsible person of the advertising business organization and the advertisement examiner.

　　5. The legal person registration certificate of the work unit.

　　Article 10　An advertising business unit shall conduct business activities within the scope of advertising business verified and approved by the advertising regulatory authority， and may not change the scope of advertising business without applying for a change and obtaining the approval of the advertising regulatory authority.

　　If there is a change in the name， legal representative （or responsible person） or business premises of the work unit， the advertising business unit shall apply for change of Advertising Business Permit within one month of the date of occurrence of such change.

　　Article 11　To apply for a change of the Advertising Business Permit， an advertising business unit shall submit the following application materials：

　　1. an Application Form for Change in Advertising Business Registration；

　　2. the original and copy of the original Advertising Business Permit； and

　　3. the supporting documents related to the change in the scope of advertising business or the name， legal representative （or responsible person） or business premises of the work unit.

　　Article 12　An advertising regulatory authority shall， within 10 days of acceptance of an application for change of Advertising Business Permit， render a decision on whether or not to approve the application. If the application is approved upon examination， a new Advertising Business Permit shall be issued. If the approval is not granted， the reasons therefor shall be stated in writing.

　　Article 13　If an advertising business unit ceases to meet the conditions set out in Article 7 hereof due to change of circumstances or ceases to engage in advertising business， it shall handle the cancellation procedures for the Advertising Business Permit with the advertising regulatory authority in a timely manner.

　　Article 14　An advertising business unit that cancels its Advertising Business Permit shall submit the following application materials：

　　1. an Application Form for Cancellation of Advertising Business Registration；

　　2. the original and copy of the Advertising Business Permit； and

　　3. the supporting documents related to the cancellation of Advertising Business Permit.

　　Article 15　If an advertising business unit ceases to meet the conditions set out in Article 7 hereof due to change of circumstances after obtaining an Advertising Business Permit， and fails to complete the cancellation procedures for the Advertising Business Permit in accordance with the provisions hereof， the Advertising Business Permit shall be withdrawn¹⁹ by the issuing authority.

　　Article 16　If an advertising business unit violates the provisions of the Advertising Law and has been ordered to cease its advertising business by an advertising regulatory authority in accordance with Article 37， 39 or 41 of the Advertising Law， the Advertising Business Permit shall be withdrawn and revoked²⁰ by the issuing authority.

　　Article 17　Advertising business units shall place the original of the Advertising Business Permit at a prominent spot in the business premises.

　　No work unit or individual may falsify， alter， lease out， lend out， sell or in another manner transfer an Advertising Business Permit.

　　Article 18　If the Advertising Business Permit of an advertising business unit is damaged or lost， the work unit shall declare it void in newspapers and apply to the advertising regulatory authority for replacement²¹ in a timely manner.

　　Article 19　Advertising regulatory authorities shall strengthen routine supervision and inspection²²， and shall periodically inspect the advertising business qualifications of advertising business units that have obtained an Advertising Business Permit within their jurisdiction. The specific time and particulars of inspection of advertising business qualifications shall be determined²³ by advertising regulatory authorities at or above provincial²⁴ level.

　　An advertising business unit shall accept routine supervision of its advertising business by the advertising regulatory authority， and shall take part in the inspection of advertising business qualifications according to provisions.

　　Article 20　If the provisions hereof are violated， the advertising regulatory authority shall impose penalty in accordance with the following provisions：

　　1. In the case of engagement in advertising business activities without an Advertising Business Permit， penalty shall be imposed according to the relevant provisions of the Investigation²⁵， Handling and Banning Unlicensed Businesses Procedures of the State Council.

　　2. If an Advertising Business Permit is obtained by submission²⁶ of false documentsor use of other fraudulent means， a warning shall be issued， and a fine of not less than Rmb 5，000 and not more than Rmb 10，000 shall be imposed. If the case is serious， the Advertising Business Permit shall be revoked. Where the Advertising Business Permit is revoked by an advertising regulatory authority according to the provisions of this Item， application for a new permit may not be made within one year.

　　3. In the case of failure to handle procedures for change in accordance with the provisions hereof when there is a change in the registered items of the Advertising Business Permit， an order of rectification²⁷ shall be issued， and a fine of not more than Rmb 10，000 shall be imposed.

　　4. If an advertising business unit fails to place the original of the Advertising Business Permit at a prominent spot in the business premises， it shall be ordered to rectify²⁸ the matter within a time limit. If it fails to do so within the time limit， it shall be subject to a fine of not more than Rmb 3，000.

　　5. If an Advertising Business Permit is falsified， altered， leased out， lent out， sold or transferred in other manners， a fine of not less than Rmb 3，000 and not more than Rmb 10，000 shall be imposed.

　　6. If an advertising business unit fails to participate in advertising business qualification inspection or submit documents for advertising business qualification inspection， or refuses to accept the routine regulation by the advertising regulatory authority without any proper reason， or conceals²⁹ the truth or submits false documents during inspection， it shall be ordered to rectify the matter and subject to a fine of not more than Rmb 10，000.

　　Article 21　If the working personnel of an advertising regulatory authority is derelict in his duties， abuses his power or practises graft³⁰ in the administration of advertising business permits， administrative penalty shall be imposed. If a criminal offence is constituted， criminal liability shall be pursued in accordance with the law.

　　Article 22　The formats³¹ of the original and copy of the Advertising Business Permit as well as the Application Form for Advertising Business Registration， the Application Form for Change in Advertising Business Registration and the Application Form for Cancellation of Advertising Business Registration shall be formulated uniformly by the State Administration for Industry and Commerce.

　　Article 23　The scope of advertising business， advertising business projects or the type of business in relation to applicants³² prescribed by advertising regulatory authorities at various levels in accordance with Article 5 shall be commensurate with the conditions of the applicants.

　　Where the State has specifically stipulated³³ restrictions³⁴ on the scope of advertising business， business projects or type of business of advertising business units， such stipulations shall prevail.

　　Article 24　The implementing³⁵ procedures for licensing of advertising business shall comply with the general provisions on the implementing procedures for administrative licensing of the Administrative Licensing Law in addition to the application of the specific provisions herein.

　　Article 25　These Procedures shall be implemented³⁶ as of 1 January 2005.

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