基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

广告经营许可证管理办法 Administration of Advertising Business Permits Procedures

2006-05-12 20:30   我要纠错 | 打印 | 收藏 | | |

国家工商行政管理总局令第16号

(Promulgated 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 formulated in accordance with the PRC, Advertising Law, the PRC, Administrative Licensing Law, and the Administration of Advertising Regulations in order to strengthen the supervision and administration of advertising business activities and standardize the examination, approval and registration 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 applied 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 specifies information such as the permit number, the name, business premises, 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 dissemination 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, cancellation of Advertising Business Permits and the routine regulatory work thereof within their jurisdiction 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 disseminate advertisements directly;

  2. have a dedicated 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 specified in Article 9 shall be submitted by the applicant 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 withdrawn 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 revoked 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 replacement in a timely manner.

  Article 19 Advertising regulatory authorities shall strengthen routine supervision and inspection, 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 determined by advertising regulatory authorities at or above provincial 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 Investigation, Handling and Banning Unlicensed Businesses Procedures of the State Council.

  2. If an Advertising Business Permit is obtained by submission 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 rectification 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 rectify 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 conceals 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 graft 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 formats 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 applicants 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 stipulated restrictions on the scope of advertising business, business projects or type of business of advertising business units, such stipulations shall prevail.

  Article 24 The implementing 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 implemented as of 1 January 2005.

相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右
学员 tueiwi:
自我感觉LEC考得不错,感谢外语教育网的法律英语课程老师。
学员 tyjf:
外语教育网的法律英语信息不错,希望有朝一日可以成为法律达人,顶起!
学员 Alice12345:
我报的是法律英语的辅导班。因为英语底子不太好,一直没有太大的进步。后来,我在外语教育网报名参加了网上培训。感觉老师很负责。课程内容也详细。在老师的帮助下,感觉我的法律英语的水平得到了长足的提高。很感谢法律英语的老师的教导。谢谢老师!
学员 lionm:
一直在学法律英语,但总是找不到门路。不但单词多,而且本来认识的单词意思又变了,头痛死了。听了李文沛老师的法律英语课程后,我觉得好多了。希望能网校的法律英语课程能继续开个中级班。
学员 xyz521:
我一直在找法律英语的课程都没找到,偶然的机会来到外语教育网,发现这里的法律英语的课程真的很不错、信息也很齐全,绝对支持哦!
学员 futami:
以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371