This is an article to introduce the Chinese advertising law. It is very useful to the people who want to advertising in China. It tells you a lot of information about what you need to comply with in China advertising Business.
Article 20 carrying out advertising activities, advertisers, advertising agents and advertisement publishers shall sign written contracts to define the rights and obligations of each other.
Article 21 carrying out advertising activities, advertisers, advertising agents and advertisement publishers should not engage in any form of unfair competition.
Article 22 The commodities or services to be advertised should be fully covered in the business scope of the advertisers no matter the advertisements are designed, produced and published by the own effort of the advertisers or by others under the entrustment of the advertisers.
Article 23 Advertisers shall entrust the designing, production and publishing of advertisements to advertising agents and publishers that are lawful for their operation.
Article 24 In designing, producing and publishing advertisements by own efforts of the advertisers or others under entrustments by the advertisers, the advertisers shall have or provide the following true, legal and valid documents of certification:
1. Business licenses and other documents certifying production and management qualifications;
2. Certificates for the contents of advertisements about commodity quality issued by quality inspection organizations; and
3. Other documents certifying the truthfulness of the contents of the advertisements.
If the publishing of advertisements requires the examination by relevant administrative departments in charge according to the provisions of Article 34 of this law, relevant documents of approval shall be provided.
Article 25 using the names or images of others for advertising, the advertisers or advertising agents shall get the prior written approval of the persons concerned. If the names or images or persons without the capabilities of civil acts or whose capabilities of civil acts are limited are used, the advertisers shall get the prior written approval of their guardians.
Article 26 an advertising agent shall have the necessary professional staff and advertisement making equipment and gone through the company or advertising management registration before carrying out advertising activities.
In handling advertising business, broadcasting and television stations, newspapers and periodicals and publishing units shall designate special departments to handle such business and go through the procedures for the registration of concurrently handling advertising business.
Article 27 Advertising agents or publishers shall examine relevant documents and verify the contents of advertisements according to law and administrative decrees. Advertising agents shall not provide services in the designing and production of advertisements and in agency business for advertisements whose contents are not factual or the documents of certification for which are incomplete and advertisement publishers shall not publish the advertisements thereof.
Article 28 Advertising agents and publishers shall set up and perfect the system of registration, examination and file management concerning advertising business according to the relevant regulations of the State.
Article 29 Fees collected for advertising shall be reasonable and open and the standards and methods for fee collection shall be reported to the price management and administrations for industry and commerce for the record.
Advertising agents and publishers shall make public their standards and methods for fee collection.
Article 30 the media coverage, television viewing rate and the size of distribution provided by advertising publishers to advertisers and advertising agents shall be true to facts.
Article 31 It is prohibited to design, produce and published advertisements for commodities or services prohibited by the laws or administrative decrees and for commodities or services whose advertising is prohibited.
Article 32 Posting of advertisements outdoors shall not be allowed in the following cases:
1. The posting is on traffic safety facilities or traffic marks;
2. The posting would affect the use of municipal public utilities, traffic safety facilities and marks;
3. The posting would affect production or people's life or be harmful to the view of the city;
4. The posting is in areas under the command of building structures of government organs, cultural relics protection units or scenic spots; and
5. The posting is in areas prohibited for advertising by people's governments at and above the county level.
Article 33 the plans and management methods for posting advertisements outdoors shall be formulated by the local people's governments at and above the county level by referring to advertisements supervision and control, urban construction, environmental protection and public security departments.
