Procedures of Shanghai Municipality on the Administration of Outdoor Advertising Facilities

(Promulgated by Decree No. 56 of Shanghai Municipal People’s Government

on December 30, 2010)

Article 1 (Purpose and Basis)

With a view to regulating the administration of outdoor advertising facilities in this Municipality, these Procedures are formulated in accordance with the provisions of the Advertising Law of the People’s Republic of China, the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation, the Regulations of Shanghai Municipality on Urban and Rural Planning, and other relevant laws, rules and regulations, and in the light of the actual circumstances of this Municipality.

Article 2 (Application Scope)

These Procedures apply to the installation of outdoor advertising facilities and all the relevant administrative activities in connection therewith within the administrative area of this Municipality.

Article 3 (Definition)

Outdoor advertising facilities mentioned in these Procedures refer to facilities of neon signs, billboards, electronic display devices, lantern boxes, models of material objects and other forms of outdoor advertising affixed to buildings, structures, and sites (hereinafter jointly referred to as positions).

Article 4 (Administrative Departments)

The municipal administrative department of greening and city appearance shall be in charge of the supervision and administration, and the comprehensive coordination of the installation of outdoor advertising facilities in this Municipality; the district/county administrative departments of greening and city appearance shall be in charge of the supervision and administration of the installation of outdoor advertising facilities within their respective jurisdictions.

The municipal and district/county administrative departments of planning shall be in charge of the planning permission of the installation of outdoor advertising facilities and the supervision and administration thereof.

The municipal and district/county administrative departments of industry and commerce shall be in charge of the examination and verification of the outdoor advertising business qualifications, the registration of the content of outdoor advertisements, and the supervision and administration thereof.

The municipal administrative departments of construction and communications, transport and port, public security, building administration, quality and technical supervision, environmental protection, price control, finance, shall cooperate in the implementation of these Procedures within their respective functions and duties.

Article 5 (Requirements on Installation)

The installation of outdoor advertising facilities shall comply with the requirements of the installation planning of outdoor advertising facilities (hereinafter referred to as position planning) and its implementation scheme and the relevant technical specifications.

When units install electronic display devices on the lintel of their operation premises to publicize their name, logo, the requirements of relevant technical specifications shall be met.

Article 6 (Formulation of Position Planning)

The municipal administrative department of greening and city appearance shall, jointly with the municipal administrative departments of planning, and industry and commerce, formulate position planning in the light of the city’s landscape, configuration and regional function, to be implemented with the approval of the Municipal People’s Government.

In position planning, it shall be clearly specified where outdoor advertising is prohibited, where it may be displayed and where it is controlled. At the same time, corresponding administrative requirements shall be made clear.

Article 7 (Formulation of Implementation Scheme)

The district/county administrative department of greening and city appearance shall, jointly with the district/county administrative departments of planning, and industry and commerce, formulate an implementation scheme for their respective jurisdictions on the basis of position planning, and submit the scheme to the municipal administrative department of greening and city appearance, which shall, jointly with the municipal administrative departments of planning, and industry and commerce, grant approval before it is implemented.

The implementation scheme shall meet the requirements of these Procedures and position planning.

Article 8 (Formulation of Technical Specifications)

The municipal administrative department of greening and city appearance shall, jointly with the relevant administrative departments, formulate the technical specifications for the installation of outdoor advertising facilities (hereinafter referred to as technical specifications) in accordance with the state and the municipal technical standards regarding city appearance, planning, environmental protection.

Article 9 (Public Review and Opinion Solicitation)

In the process of formulating position planning, implementation scheme, and technical specifications, the organ in charge of the formulation shall adopt measures such as feasibility study meetings and symposiums, to solicit the opinions of relevant social organizations and experts, and revise and improve them accordingly.

Before the position planning, the implementation scheme and the technical specifications are submitted for approval, the organ in charge of the formulation shall make them public and adopt measures such as symposiums and public hearings, to solicit public opinions. The time for public review shall be no less than 30 days, and the time and location for public review, as well as the way of soliciting opinions shall be made public on the relevant government website. The organ in charge of the formulation shall fully consider the opinions of the public, and attach information on the adoption of public opinions and reasons therefore to the documents submitted for approval.

With the approval of the position planning, the implementation scheme and the technical specifications, the organ in charge of the formulation shall make public the full text on relevant government websites, and give a reply to the public about the adoption of opinions.

Article 10 (Amendment Requirements)

Position planning, implementation scheme and technical specifications shall not be altered without authorization after their approval; if alteration is really needed, the organ in charge of the formulation shall organize the amending as required by Articles 6, 7, 8 and 9 of these Procedures.

Article 11 (Situations Where Installation Is Prohibited)

Installation of outdoor advertising facilities is prohibited in any one of the following situations:

1. where traffic safety facilities or traffic signs are made use of;

2. where the use of municipal public facilities, traffic safety facilities, or traffic signs is hampered;

3. where the normal life of the residents is affected, or where the appearance of the city is marred, or the image of buildings spoiled;

4. where roadside trees are used, or where greens may be damaged;

5. where the advertisements are installed in land for the specific use of state organs or scenic spots; or

6. where the advertisements are to be placed in the restricted construction areas of the protected units of cultural relics or fine historical architectures.

Installation of outdoor advertising facilities is prohibited within the red line areas of this Municipality’s roads, except for those attached to the bus or tram shelters or phone booths.

Article 12 (Acquisition of the Right to Use Positions)

Where outdoor advertising facilities are installed by use of public positions, the right to use positions shall be acquired through auction or public bidding.

Where outdoor advertising facilities are installed by use of non-public positions, the right to use positions shall be acquired through agreement, auction or public bidding.

The municipal administrative department of greening and city appearance shall, jointly with the municipal administrative department of planning, put forward the scheme for the scope of the public positions, and shall implement it after approval of the Municipal People’s Government.

The municipal administrative department of greening and city appearance shall, jointly with other relevant administrative departments, formulate detailed measures for the auction or public bidding of the right to use public positions. 

Article 13 (Administration Competence)

The right to install outdoor advertising facilities by use of public positions along the Elevated Inner Ring Road, the Elevated Yan’an Road, the Elevated North-south Road, the Elevated Humin Road, the Elevated Yixian Road and by use of other important locations designated by the Municipal People’s Government, shall be sold by auction or bid invitation, which shall be organized by the administrative department of greening and city appearance. The right to install outdoor advertising facilities by use of other public positions shall be sold by auction or bid invitation organized by the district/county administrative departments of greening and city appearance.

Applications for installing outdoor advertising facilities by use of non-public positions within the important areas designated by the Municipal People’s Government shall be submitted to the municipal administrative department of greening and city appearances. Applications for installing outdoor advertising facilities by use of other non-public positions shall be submitted to the district/county administrative departments of greening and city appearance.

Article 14 (Formalities for Installing Outdoor Advertising Facilities in Public Positions)

When the municipal or district/county administrative department of greening and city appearance organizes the auction or bid invitation to sell the right to use public positions, it shall formulate an auction or bid invitation scheme and solicit the opinions from the administrative departments of planning, and industry and commerce at the same level.

Those who have, through auction or bidding, acquired the right to use the public positions to install outdoor advertising facilities shall sign a contract with the municipal or district/county administrative department of greening and city appearance on the use of the public position, and pay the fees accordingly. The full sum of the fees shall be turned over to the treasury.

The person who installs outdoor advertising facilities shall, before the installation, go through the following formalities:

1. applying to the district/county administrative department of planning for Construction Works Planning Permit (odd);

2. submitting the design drawings and installation effect drawings of the outdoor advertising facilities and the contract on the use of the public position to the municipal or district/county administrative department of greening and city appearance for the record; and

3. going through the outdoor advertising facilities registration with the municipal or district/county administrative department of industry and commerce in accordance with the relevant provisions on the registration of outdoor advertisements.

Article 15 (Application for the Installation of Outdoor Advertising Facilities in Non-public Positions)

Those who want to install outdoor advertising facilities by use of non-public positions shall apply to the municipal or district/county administrative department of greening and city appearance, and present the following materials:

1. business license;

2. contract of advertising operation;

3. sample copy of advertisement;

4. documents certifying that the content of the advertisement is truthful and lawful;

5. certificate of the right to the use of positions to install outdoor advertising facilities;

6. drawings of the layout of the positions for outdoor advertising facilities;

7. design drawings and installation effect drawings of the outdoor advertising facilities; and

8. blueprints for the construction of outdoor advertising facilities.

Article 16 (Examination and Approval of Installation of Outdoor Advertising Facilities in Non-public Positions)

The municipal or district/county administrative department of greening and city appearance shall, within 2 working days upon receiving the application for installation of outdoor advertising facilities, solicit in writing opinions from the administrative department of planning at the same level on the planning and construction of outdoor advertising facilities, and solicit in writing opinions from the administrative department of industry and commerce at the same level on the content of the planned outdoor advertisement. In case the administrative department of planning or the administrative department of industry and commerce calls for supplementary materials from the applicant or correction of materials submitted, it shall notify the municipal or district/county administrative department of greening and city appearance at one time within 2 working days upon receiving the documents for soliciting its opinions; and the latter shall notify in time the applicant of the need to supplement new materials or correct the materials already submitted.

Upon accepting the application, the administrative departments of planning, and industry and commerce shall, within 10 working days upon receiving the document for soliciting their opinions, give their opinions based on examination, and notify the municipal or district/county administrative department of greening and city appearance in writing; in case of denial after examination, they shall give reasons. 

After receiving the opinions of examination, the municipal or district/county administrative department of greening and city appearance shall handle the case according to the following provisions:

1. in case the administrative departments of planning, and industry and commerce approve the application after examination, the municipal or district/county administrative department of greening and city appearance shall make a decision of approval within 3 working days, and notify the applicant in writing thereof; in case of denial, the reasons shall be given in writing.

2. in case the administrative department of planning or the administrative department of industry and commerce denies the application after examination, the municipal or district/county administrative department of greening and city appearance shall deliver in a timely manner its opinion of examination to the applicant together with the reasons for denial.

In case application for the installation of outdoor advertising facilities is approved, the applicant shall apply directly to the district/county administrative department of planning for Building Permit (odd) and apply to the municipal or district/county administrative department of industry and commerce for Certificate of Outdoor Advertisement Registration. For applications that are backed by the necessary materials and are in compliance with the forms provided by law, the administrative departments of planning, and industry and commerce shall issue the Permit and the Certificate within 3 working days.

Article 17 (Time Limit for Installing Facilities)

Outdoor advertising facilities shall be put up within 6 months after the date of receiving the decisions of their approval. If they are not put up within the time limit, the approval shall become invalid.

As a general rule, the duration of installed outdoor advertising facilities shall not exceed 3 years, and that of installed outdoor advertising facilities with electronic display shall not exceed 6 years. Specific standards for the time limit of advertising facilities shall be provided by the municipal administrative department of greening and city appearance in light of the material, size of outdoor advertising facilities.

If the time of duration applied for the outdoor advertising facilities is in compliance with the provided standards, the municipal or district/county administrative department of greening and city appearance shall grant approval as applied for.

Upon expiration of the time limit for outdoor advertising facilities installed in public positions, a new auction or bid invitation for the use of such positions shall be organized in accordance with Article 14 of these Procedures; and in case the outdoor advertising facilities are installed by use of non-public positions and their extended use is needed, the owner shall go through the formalities of examination and approval for a renewal of the term with the original authority in charge of examination and approval within 30 days prior to the expiration of the term of use.

Article 18 (Temporary Outdoor Advertising Facilities)

Where large-scale cultural activities, sports activities, commercial activities make necessary the installation of temporary outdoor advertising facilities, the installer shall draw up an installation scheme and submit it to the municipal or district/county administrative department of greening and city appearance for approval.

Temporary adverting facilities installation schemes shall meet the requirements of relevant technical specifications; and the duration for such installations shall not exceed 30 days.

Article 19 (Alteration of Installed Facilities)

Outdoor advertising facilities shall be installed in compliance with the approved design drawings and installation effect drawings, and no changes shall be made without authorization. When it is necessary to make any alteration, formalities of examination and approval of the alteration shall be completed in accordance with the provisions of these Procedures.

In case the content of the outdoor advertisement needs alteration, alteration registration formalities shall be completed with the municipal or district/county administrative department of industry and commerce.

In case there is any change in the ownership of the outdoor advertisement facilities, alteration registration formalities shall be completed with the municipal or district/county administrative department of greening and city appearance and the administrative department of industry and commerce within 10 days of alteration.

Article 20 (Alteration and Retraction of Approval)

If the laws, rules or regulations referred to in the approval of the installation of outdoor advertising facilities have been revised or repealed, or if the objective circumstances taken into account in such approval have undergone great changes, the authority of approval may, with the approval of the Municipal People’s Government, alter it or retract it, even after it comes into effect, in accordance with the law for the benefit of the public interests. In doing so, the said authority shall inform in writing the owner of the outdoor advertising facilities and compensate him/her for the loss of property resulting from the alteration or retraction of administrative approval.

Article 21 (Feasibility Study of the Installation of Creative Outdoor Advertising Facilities)

In case of application for installation of novel outdoor advertising facilities which necessitate special creative requirements and for which there are no corresponding technical specifications, the municipal administrative department of greening and city appearance shall organize relevant experts to conduct a feasibility study; if such installation as applied for is proved to meet the requirements of safety and cityscape, approval shall be granted.

Article 22 (The Source Management of Electronic Display Devices)

In case electronic display devices are to be affixed to the outer walls of buildings or structures in building new construction projects or renovating or expanding old ones, the development unit shall submit the design scheme of electronic display devices when it applies to the municipal or district/county administrative department of greening and city appearance for examination and approval of its construction design scheme.

When the municipal or district/county administrative department of planning examines the design scheme of the construction project, it shall solicit opinions from the district/county administrative department of greening and city appearance in the locality of the construction project on whether the installation of the electronic display devices conforms to position planning, the implementation scheme and relevant technical specifications.

In case the examination shows the installation does not conform to the provisions of these Procedures, the municipal or district/county administrative department of planning shall refuse approval and explain the reasons.

Article 23 (Maintenance Obligations)

The owner of outdoor advertising facilities shall, as required by the relevant provisions of the Regulations of Shanghai Municipality on the Management of City Appearance and Environmental Sanitation, carry out maintenance for the outdoor advertising facilities to keep them clean, tidy and in good condition.

The lighting devices installed on outdoor advertising facilities shall meet the requirements of the relevant lighting standards formulated by the municipal administrative department of greening and city appearance.

Article 24 (Safety Administration)

The owner of outdoor advertising facilities shall, in accordance with the relevant provisions of the Regulations of Shanghai Municipality on the Management of City Appearance and Environmental Sanitation, strengthen the routine maintenance and safety check to keep them firm and secure.

For outdoor advertising facilities that are 2 years old or more, the owner shall carry out a safety test in accordance with the technical specifications on the safety of outdoor advertising facilities before June 1 every year, and submit a report on the safety test to the municipal or district/county administrative department of greening and city appearance; the owner shall repair or remove immediately the outdoor advertising facilities that have failed the safety test.

The unit that designs outdoor advertising facilities shall specify their designed service life.  The owner of outdoor advertising facilities shall replace those facilities that have exceeded their designed service life.

The municipal and district/county administrative departments of greening and city appearance, and law-enforcement of city management (hereinafter referred to as the LEDCM) shall strengthen supervision and check on the safety of outdoor advertising facilities, and carry out sampling inspection at a given ratio.

The municipal administrative department of greening and city appearance shall, jointly with the municipal administrative department of quality and technical supervision, formulate the technical specifications on the safety of outdoor advertising facilities.

Article 25 (Requirements on Facility Removal)

Upon expiration of their service time limit, the owner of outdoor advertising facilities shall remove them within 5 days. In case the owner fails to remove the facilities, the owner of the position shall remove them. Temporary outdoor advertising facilities shall be removed by the owner within 2 days after the expiry date of their time limit.

In case there are hidden dangers in outdoor advertising facilities or the facilities have lost their service value, the LEDCM shall order the owner to make repairs or remove them within a prescribed time limit; in case the owner fails to comply with the prescribed time limit, the LEDCM shall carry out mandatory dismantling at the expenses of the owner.

Article 26 (Requirements on the Content of Outdoor Advertisements)

The content of outdoor advertisements shall conform to the provisions of laws, rules and regulations, be truthful and healthy, and shall not cheat the users or consumers in any way. The Chinese characters, letters and symbols in outdoor advertisements shall be in conformity with the provided standards of the State.  

In outdoor advertisements, the proportion of space or time used for public interests shall take up no less than 10%.

Outdoor advertisements whose content may cause undesirable impact are prohibited, with the exception of those installed or released by the unit within its operation premises, which are related to its products or its business services.

The specifics concerning the undesirable content of outdoor advertisements shall be defined separately by the municipal administrative department of industry and commerce and made known to the public.

Article 27 (Information System Construction)

The municipal administrative department of greening and city appearance shall, jointly with the municipal administrative departments of planning, and industry and commerce, set up an outdoor advertising facilities management data system, and information such as position planning and its implementation scheme, the technical specifications, the owners of outdoor advertising facilities, and their application and approval shall be entered in the system.  

Article 28 (Complaint Handling)

Any unit or individual person who finds violations of these Procedures may file a complaint or report to the administrative department of greening and city appearance, the LEDCM or other relevant administrative departments. Upon receiving the complaint or report, the relevant administrative department shall handle the case within a prescribed time limit, and give a feedback to the complainer or reporter on the result.

Article 29 (Existing Provisions for Punishment)

If laws, rules or regulations already have provisions for punishing the acts of violating these Procedures, those provisions shall prevail.

Article 30 (Punishment for Violating the Rules Concerning Content of Advertisement)

In case that public service advertisements that are run do not reach the required proportion, or no public service advertisement is run, or the content of advertisements that are run may cause undesirable impact, in violation of the provisions of Clause 2 or Clause 3 of Article 26 of these Procedures, the administrative department of industry and commerce shall order the owner to make rectification within a prescribed time limit, and impose a fine of not less than 3,000 yuan but not more than 30,000 yuan.

Article 31 (Civil Compensation Liability)

The owner of outdoor advertising facilities shall be held liable for compensation in accordance with the law in case he/she fails to repair or replace his/her outdoor advertising facilities in time and allows such facilities to collapse or fall, causing personal injuries, or damage or loss of property.

Article 32 (Administrative Supervision)

If the administrative department of greening and city appearance, the LEDCM, the administrative department of planning, or the administrative department of industry and commerce commits one of the following acts, its superior competent department shall exercise its authority to order rectification within a prescribed time limit and circulate a notice of criticism, and it may punish the directly liable person by giving a warning, recording a demerit or recording a serious demerit; in serious cases, the wrongdoer may be penalized by degradation, removal from post, or dismissal from service; if the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability according to law:

1. failure to formulate the position planning, its implementation scheme or the technical specifications as provided;

2. failure to implement administrative licensing or organize auction or bid invitation as provided;

3. failure to order the wrongdoer to make rectification, or investigate illegal acts according to law when discovering an illegal act; or

4. other circumstances in which the supervision and administrative responsibilities are not fulfilled according to law.

Article 33 (Investigation of Wrongful Acts on the Part of Law Enforcement Personnel)

If a staff member of the administrative department of greening and city appearance, the LEDCM, the administrative department of planning, or the administrative department of industry and commerce commits any one of the following acts, his/her unit or superior competent department may give a warning, record a demerit or record a serious demerit according to law; in serious cases, the wrongdoer may be punished by degradation, removal from post, or dismissal from service; if the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability according to law:

1. illegal granting of administrative license or illegal exercise of administrative punishment;

2. enforcement of law by means of violence, threat;

3. damage or destruction of the property of a party concerned in a deliberate manner or in violation of provisions; or

4. abuse of power, negligence of duty, malpractice for personal gains, or such other acts.

Article 34 (Effective Date)

These Procedures shall be effective as of January 1, 2011. The Procedures of Shanghai Municipality on the Administration of Outdoor Advertising Facilities promulgated by Decree No. 43 of Shanghai Municipal People’s Government on December 15, 2004 shall be repealed at the same time.