当前所在位 置:首页 - 信息库

中华人民共 和国广告法(英文版)

 Fargo Law Translation Company collect for you

(a professional law translation company,welcome to consult more information at any time)

 

 

Promulgation date

1994/10/27

Effective region

NATIONAL

Promulgator

Standing Committee of the National People's Congress

Document no

Order of the President [1994] No. 34

Effectiveness

Effective

Effective date

1995/02/01

Category

Advertising Supervision ( -> )



Advertisement Law of the People's Republic of China

President Order [1994] No. 34

27 Oct., 1994

Adopted at the 10th Session of the Standing Committee of the Eighth National People's Congress on 27 Oct., 1994.

Chapter I General Provisions

Article 1 This Law is formulated for the purposes of regulating the advertisement activities, promoting the sound and healthy development of the advertisement industry, protecting the legitimate rights and interests of consumers, safeguarding the social and economic order and giving full play to the positive role of advertisement in the socialist market economy.

Article 2 Advertisers, advertisement agents and advertisement publishers shall abide by this Law while engaging in advertisement activities within the territory of the People's Republic of China.
 
For the purpose of this Law, the term "advertisement" means commercial advertisements that publicize, directly or indirectly and through certain media or forms, some kinds of commodities or services at the expenses of the suppliers of the commodities or services.
For the purpose of this Law, the term "advertiser" means a legal person, other economic organization or an individual that designs, produces and publishes advertisements by itself or through an entrustment to promote their goods or services.
 
For the purpose of this Law, the term "advertisement agent" means a legal person, other economic organization or an individual that provides services of advertisement designing and production or other related services on a commission basis.
 
For the purpose of this Law, the term "advertisement publisher" means a legal person or other economic organization that publishes advertisements for advertisers or for advertisement agents entrusted by advertisers.
(Relevant articles: )

Article 3 The contents of an advertisement shall be true, lawful and shall conform to the requirements of promoting socialist cultural and ideological progress.

Article 4 No advertisement may contain any false information or deceive or mislead consumers.

Article 5 Advertisers, advertisement agents and advertisement publishers shall abide by the laws, administrative regulations and comply with the principles of fairness, honesty and good faith in their advertisement activities.

Article 6 Administrations for industry and commerce of the people's governments above the county level shall administer and supervise the activities of advertisement.

Chapter II Guiding Principles For Advertisement

Article 7 Contents of advertisements shall be good for the physical and mental health of the people, be conducive to promoting the quality of commodities or services, protecting the legitimate rights and interests of consumers, and shall conform to the social, public and professional ethics and safeguard the dignity and interests of the State.
 
No advertisement may involve any of the following acts:
1. using the national flag, national emblem and national anthem of the People's Republic of China;
 
2. using the names of government organs or government functionaries;
 
3. containing such words as national level, the highest grade or the best etc.;
 
4. compromising social stability, personal and property safety or social public interests;
 
5. compromising public order and good social conventions;
 
6. containing obscene, superstitious, terrorizing, violent or evil content;
 
7. containing ethnic, racial, religious or sex discrimination content;
 
8. compromising the protection of the environment or natural resources; and
 
9. other conditions that are forbidden by laws and administrative regulations.
(Relevant articles: )

Article 8 No advertisement may have any content that is harmful to the physical and mental health of minors or handicapped persons.

Article 9 An advertisement shall provide definite and clear functions, place of origin, purposes, quality, price, manufacturer, validity period or commitment of the commodities advertised or definite and clear contents, form, quality, price or commitment, if any, of the services advertised.
 
Whereas a gift is attached to the commodity or services advertised, the advertisement shall clearly define the kind and quality of the attached gift.

Article 10 Data, statistics, survey results, excerpts or quotations addressed in an advertisement shall be true and accurate, with the sources thereof clearly indicated.

Article 11 Where an advertisement involves patented products or patented methods, the patent number and patent category shall also be clearly indicated in the advertisement.
Where the commodity or service advertised by an advertisement has not be awarded with patent right, the advertisement shall not falsely claim that such patent right has been awarded.
It is prohibited to use any unapproved patent application or terminated, canceled or invalid patent in advertisement.
(Relevant articles:  )

Article 12 No advertisement may include any content that denigrates the commodities or services of other producers or operators.

Article 13 An advertisement shall be readily recognizable as advertisement by the consumers.
 
The Mass media shall not publish an advertisement in the form of news report in any form whatsoever. Advertisements released through mass media shall be marked as advertisement so as to distinguish it from non-advertisement information and avoid misleading the consumers.

Article 14 No advertisement for medicines or medical apparatuses may contain the following content:
 
1. Any unscientific assertions or assurances of the effectiveness of the medical or medical apparatus advertised;
 
2. Description of cure rate or rate of effectiveness;
3. Comparisons with other medicines or medical apparatuses in terms of efficacy or safety;
 
4. Using the titles or images of medical research institutes, academic institutions, medical authorities or experts, doctors or patients as proof of efficacy for the medicine or medical apparatus advertised; and
 
5. Other contents that are prohibited by laws and administrative regulations.

Article 15 The contents of an advertisement for medicine shall be subject to the instructions as are approved by the public health administrative departments of the State Council or by the public heath administrative department of a province, autonomous region or municipality directly under the Central Government, as the case may be.
An advertisement for therapeutic medicine that must be applied under the guidance of doctors as required by the State shall include the words of "to be purchased and administered in accordance with doctor's prescription".

Article 16 No advertisement may be made for such special purpose drugs as anesthetics, psychotropic drugs, toxic drugs and radioactive drugs.

Article 17 No advertisement for any agricultural chemicals may contain the following content:
1. Any absolute assertions of safety, such as the agricultural chemicals advertised are toxic-free or harmless;
 
2. Any unscientific assertions or assurances in terms of effectiveness;
 
3. Including any written or oral assertion or images that violate the procedures for the safe use of agricultural chemicals; and
 
4. Other contents prohibited by law and administrative regulations.

Article 18 It is prohibited to publish advertisements of tobacco products through radio, film, television, newspaper or magazine.
 
It is prohibited to post tobacco advertisements in any waiting rooms, cinemas, theatres, meeting rooms and halls, sports venues or other public places.
 
An advertisement for tobacco shall include the warning that "Smoking is harmful to your health".

Article 19 Advertisements for foodstuff, alcoholic drinks and cosmetics shall conform to the requirements of sanitary licenses and shall not use any medical terms or terms that tend to be confused with medicines.

Chapter III Advertisement Activities

Article 20 In their advertisement activities, advertisers, advertisement agents and advertisement publishers shall sign written contracts to define the rights and obligations of each other.

Article 21 In their advertisement activities, advertisers, advertisement agents and advertisement publishers shall not engage in any form of unfair competition.

Article 22 The commodities or services advertised shall be fully covered in the business scope of the advertisers, regardless of whether the advertisement is designed, produced and published by the advertiser itself or through entrusting the advertisers.

Article 23 Advertisers shall entrust the designing, production and publishing of advertisements to advertisement agents and publishers that have the statutory business qualifications

Article 24 In designing, producing and publishing advertisements, whether through the efforts of the advertisers or through entrustments to other parties, the advertiser shall possess or provide the following authentic, legal and valid documents of certification:
1. Business licenses and other documents certifying production and management qualifications;
 
2. Certificates for the contents of advertisements on commodity quality issued by quality inspection organizations; and
 
3. Other documents certifying the truthfulness of the contents of the advertisements.
 
Where the publishing of an advertisement requires the examination by relevant administrative departments in charge in accordance with the provisions of Article 34 of this law, relevant documents of approval shall be provided.

Article 25 Using the name or image of other parties in advertisement shall be subject to prior written approval by the parties concerned. Using the names or images or persons without capacity of civil conduct or with limited capacity of civil conduct in advertisement shall be subject to the prior written approval by the guardians thereof.

Article 26 An advertisement agent shall have the necessary professional staff and advertisement production equipments and shall complete company or advertisement operation registration procedures before it may engage in advertisement activities.
 
The advertisement business of radio and television stations, newspaper and magazine publishers shall be designated to the specialized advertisement unit of such stations or publishers, which shall complete the required registration of the concurrent engagement in advertisement business in accordance with law.
(Relevant articles: )

Article 27 Advertisement agents or publishers shall examine relevant documents and verify the contents of advertisements in accordance with law and administrative regulations. Advertisement agents shall not provide services in the designing and production of advertisements and in agency business for advertisements whose contents are not true or the required documents of certification are incomplete and advertisement publishers shall not publish such advertisements.

Article 28 Advertisement agents and publishers shall set up and improve a system of registration, examination and file management concerning advertisement business in accordance with applicable regulations of the State.

Article 29 Fees charged on advertisement shall be rational and open and the charging standards shall be reported to competent price authorities and administration for industry and commerce for filing.
 
Advertisement agents and publishers shall make public their charging standards for fees.

Article 30 The media coverage, television viewing rate and the size of distribution provided by advertisement publishers to advertisers and advertisement agents shall be true to facts.

Article 31 It is prohibited to design, produce and publish advertisements for commodities or services which are prohibited by laws or administrative regulations, or for commodities or services for which advertisement is prohibited.

Article 32 Posting of outdoor advertisements shall not be allowed under any of the following circumstances:
 
1. Where the posting of the outdoor advertisement would utilize traffic safety facilities or traffic signs;
 
2. Where the posting of the outdoor advertisement would affect the normal use of municipal public utilities, traffic safety facilities and signs;
 
3. Where the posting of the outdoor advertisement would affect production or people's life or be detrimental to the image of the city;
 
4. Where the outdoor advertisement would be posted in restricted areas of government organs, protected cultural relics or scenic spots; or
5. Where the outdoor advertisement would be posted in an area where outdoor advertisement is prohibited by people's governments above the county level.

Article 33 The plans and management measures for outdoor advertisement shall be formulated jointly advertisement administration and supervision authorities, urban construction authorities, environmental protection authorities and public security authorities etc, under the coordination and leadership of the local people's government above the county level.

Chapter IV Review of Advertisements

Article 34 Advertisements for medicine, medical apparatus, pesticide, veterinary medicine and other commodities through radio, film, television, newspaper, magazine and other media, as well as other advertisements which shall be reviewed, as specified by relevant laws and administrative regulations, shall be duly reviewed by competent administrative authorities (hereinafter referred to as "advertisement review authorities") in accordance with applicable laws and administrative regulations before such advertisement may be published; any such advertisement that fails to be reviewed may not be published.

Article 35 Advertisers shall submit the required documents of certification in accordance with law and administrative regulations in applying for review of their advertisements with the advertisement review organizations. Advertisement review authorities shall examine the advertisements and make proper decisions in accordance with law and administrative regulations.

Article 36 No unit or individual may forge, falsify or transfer documents of approval for the review of advertisements.

Chapter V Legal Responsibilities

Article 37 For any false publicity of commodities or services through advertisement in violation of this Law, the advertisement supervision and administration authorities shall order the advertisers to stop the publication of the advertisement and shall publicly eliminate the influences in corresponding scope with the fees equivalent to the advertisement fees; moreover, the advertiser shall be subject to a fine equivalent to one time to five times of the cost of such advertisement; The advertisement fees charged by advertisement agents and publishers of the said advertisement shall be confiscated; the advertisement agents and publishers shall be subject to a fine equivalent to one time to five times of the advertisement fees so charged .Where the violation is serious, such advertisement agents and publishers shall be suspended from advertisement business. Where the violation constitutes a criminal offense, the advertisement agents and publishers shall be prosecuted for criminal responsibilities.
(Relevant articles: )

Article 38 Publishing false advertisements that deceive or mislead consumers, causing damages to the lawful rights and interests of consumers who have purchased the commodities or used the services so advertised, the advertisers shall bear civil responsibilities; the advertisement agents and publishers shall bear joint and several responsibilities if they have designed, produced and published the advertisements even though they knew or shall have known the falseness of the advertisements.
 
Whereas an advertisement agent or publisher fails to provide the true name and address of the advertiser(s), it shall bear all the civil responsibilities.
 
Social or other authorities shall bear joint and several responsibilities when recommending commodities or services through false advertisements and thus causing damages to the lawful rights and interests of consumers.

Article 39 For acts that have violated the provisions of Paragraph 2 of Article 7 of this Law in publishing advertisements, the advertisement supervision and administrative authorities shall order the advertisers, advertisement agents or publishers responsible to stop the publication and make corrections openly, and confiscate the advertisement fees and impose a fine equivalent to one time to five times of the advertisement fees.
Where the violation is very serious, the business license of the advertisement business shall be revoked. Where the violation constitutes a criminal offense, the offenders shall be prosecuted for criminal responsibilities.
(Relevant articles: )

Article 40 Where the publishing of an advertisement violates Article s 9 through 12 of this Law, the advertisement supervision and administrative authorities shall order the responsible advertisers, advertisement agents or advertisement publishers to stop publishing the advertisement and make open corrections; in addition, the advertisement supervision and administrative authorities shall confiscate the advertisement fees and impose a fine equivalent to more than one time but less than five times of the advertisement fees.
 
Where the publishing of an advertisement violates Article 13 of this Law, the advertisement supervision and management authorities shall order the advertisement publisher to make corrections and impose a fine of CNY1,000 to less than CNY10,000 on the advertisement publisher.

Article 41 Where publishing advertisement of medicines, medical apparatuses, pesticides, foodstuffs, wines and cosmetics in violation of Article 31 of this Law, the advertisement supervision and administrative authorities shall order the responsible advertisers, advertisement agents or advertisement publishers to correct or stop the publication; in addition, the authorities shall also confiscate the advertisement fees and may impose a fine concurrently of one time to less than five times of the amount of the advertisement fees. Where the violation is serious, the advertisement business of the advertisers and advertisement agents responsible shall be suspended.
(Relevant articles: )

Article 42 Where advertisements of tobacco products are published through radio, film, television, newspaper or magazine in violation of the provisions of
 
Article 18 of this Law or advertisement on tobacco products are posted in public space the advertisement supervision and administrative authorities shall order the responsible advertisers, advertisement agents or advertisement publishers to stop the publication, and shall confiscate the advertisement fees and may concurrently impose a fine ranging from over one time to less than five times the advertisement fees.

Article 43 Where an advertisement which fails to be reviewed by advertisement review authorities, as is required by Article 34 of this Law, is published, the advertisement supervision and administrative authorities shall order the responsible advertisers, advertisement agents or advertisement publishers to stop publications; furthermore, the authorities shall confiscate the advertisement fees and concurrently impose a fine ranging from over one time to less than five times the amount of the advertisement fees.
(Relevant articles: )

Article 44 For acts of providing false certificates for advertisers, the advertisement supervision and administrative authorities shall confiscate the illegal proceeds and impose a fine ranging from CNY10, 000 to CNY100, 000. Where the violation constitutes a criminal offense, the offenders shall be prosecuted for criminal responsibilities.

Article 45 Where the advertisement review authorities has taken the decision of approval for advertisements that have violated the law, the person in charge directly responsible or other persons directly responsible shall be given administrative penalty by the government unit to which they belong, or by authorities at the next higher level or by other competent administrative and supervision authorities.

Article 46 Where employees of advertisement supervision and administrative authorities and advertisement review organs commits such malpractice as dereliction of duty, abuse of office for to personal gains, such employees shall be imposed with administrative penalties. Where such malpractice constitutes criminal offense, such employees shall be prosecuted for criminal responsibility.

Article 47 Advertisers, advertisement agents or advertisement publishers shall bear civil responsibility if they have committed one of the following acts of infringements in violation of the provisions of this Law:
 
1. The contents of an advertisement are harmful to the physical and mental health of minors or handicapped persons;
 
2. The advertisement uses patent rights of other parties without due authorization;
 
3. Denigrating the commodities or services of other producers or managers;
 
4. Using names or images of other parties without the prior authorization thereof; and
 
5. Other acts that infringe upon the civil rights and interests of other parties.

Article 48 Where the parties concerned refuse to accept the administrative penalties, such parties may, within 15 days after receiving the notice on the administrative penalties, apply before the authorities at the next higher level than the authorities that imposes the administrative penalties for reconsideration; such parties may also bring the case directly before a competent people's court within 15 days after receiving the notice on the administrative penalty.
 
The reconsideration authorities shall issue the reconsideration decision within 60 days after receiving the application for reconsideration. Where the parties concerned refuses to accept the reconsideration decision, they may bring the case before a competent people's court within 15 days after receiving the notice of reconsideration decision.
 
Where the reconsideration authorities fail to issue the reconsideration decision within the time limit, the parties concerned may bring the case before a competent people's court within 15 days after the expiry of the reconsideration period. Where a party concerned neither applies for nor bring the case before a competent people's court and yet refuses to comply with the penalties meted out, the authorities that mete out such penalties may apply to a competent people's court for the compulsory enforcement of such penalties.

Chapter VI Supplementary Provisions

Article 49 This Law shall come into effect from 1 Feb., 1995. Should any laws and regulations concerning advertisement that are promulgated before the enactment of this Law come into conflict with this Law, this Law shall prevail.

 

友情链接:  法律翻译   广州翻译公 司   合同翻译   大成律师事 务所   德恒律师事 务所   广州翻译公 司   福州翻译公 司   中日翻译   上海翻译公 司   广州翻译公 司   翻译公司   大连翻译公 司 

友情链接:    金山彩票   澳门彩票   欢乐棋牌   四川11选5走势图   澳门彩票app二维码