Article 1 The law is formulated to normalize the advertising business, promote
sound development of advertising, protect the legitimate rights and interests of
consumers, safeguard the social and economic order and to give full play to the
positive role of advertising in the socialist market economy.
Article 2 Advertisers, advertising agents and advertisement publishers shall
abide by this law in engaging in advertising business within the territory of
the People's Republic of China.
The term "advertisement" used in this law refers to commercial ads that
publicize, directly or indirectly and through certain media or forms, some kind
of commodities or services at the expense of the suppliers of the commodities or
The term "advertiser" refers to a legal person, an economic organization or an
individual that designs, produces and publishes advertisements by one's own
effort or others through an entrustment in order to promote one's own sales of
goods or services.
The term "advertising agent" refers to a legal person, an economic
organization or an individual that provides services in designing and producing
advertisements or providing related services on the commissioned basis.
The term "advertisement publisher" refers to a legal person or an economic
organization that publishes ads for advertisers or for advertising agents
entrusted by advertisers.
Article 3 The contents of an advertisement shall be true, lawful and
conforming to the requirements in the building of a socialist spiritual
Article 4 Advertisements shall not resort to any falsehood to a deception or
misleading to the consumers.
Article 5 Advertisers, advertising agents and advertisement publishers shall
abide by the laws, administrative decrees and regulations and the principles of
fairness, honesty and credit worthiness in carrying out advertising activities.
Article 6 Administrations for industry and commerce of the people's
governments at and above the county level shall administer and supervise over
the activities of advertising.
Article 7 Contents of advertisements should be good for the physical and
mental health of the people, and be able to promote the quality of commodities
or services, protect the legitimate rights and interests of consumers, conform
to the social, public and professional ethics and safeguard the dignity and
interests of the State.
An advertisement should not contain any of the following contents:
1. National flag, national emblem and national anthem of the People's Republic
2. Names of government organs or government functionaries;
3. Words such as State level, highest level or the best etc.;
4. Anything that would be injurious to social stability, personal and property
safety and social public interests;
5. Anything that would jeopardize social and public order and violate good
6. Contents that are obscene, superstitious, terrorizing, violent and evil;
7. Contents that are discriminative against nationalities, races, religions
8. Contents that are harmful to the protection of the environment or natural
9. Other contents that are forbidden by laws and administrative decrees.
Article 8 An advertisement should not have any content that is injurious to
the physical and mental health of underage persons or handicapped persons.
Article 9 An advertisement should make distinct and clear the specifications,
place of origin, uses, quality, price, manufacturer, validity period or
promises, if any, of commodities or the contents, forms, quality, price or
promises, if any, of the services offered.
Whereas a gift is attached to a commodity or services supplied, the
advertisement concerned should clearly define the kind and quality of the
Article 10 Data, statistics, survey results, excerpts or quotations addressed
in an advertisement should be true and accurate, with the sources clearly
Article 11 If an advertisement involves patented products or patented methods,
the patent number and patent category should also be clearly defined.
An advertisement should not lie about the patent right of any product that has
not factually obtained the patent right.
It is prohibited to advertise any patent applications that have not been
granted, the patent rights or patents that have been terminated, cancelled or
Article 12 An advertisement should not have any content that denigrates the
commodities or services of other producers or operators.
Article 13 An advertisement should be able to be clearly recognizable as a
kind of advertisement.
Mass media should not in any way publish an advertisement in the disguise of a
news report whenever an advertisement is published in mass media, for not to
mislead consumers, a clear indication should be shown to distinguish it from
Article 14 An advertisement for medicines or medical apparatuses should not in
any way contain the following:
1. Any unscientific assertions or assurances in terms of efficiency or uses;
2. Treatment efficiency or curative rate;
3. Comparisons with other medicines or medical apparatuses in efficacy or
4. Titles or images of medical research institutes, academic institutions,
medical organizations or experts, doctors or patients; and
5. Other contents that are prohibited by laws and administrative decrees.
Article 15 The contents of an advertisement for a medicine should be based on
the indications approved by the public health administrative department of the
State Council or by the public heath administrative department of a province,
autonomous region or municipality under the directy administration of the
An advertisement for therapeutical medicines that must be applied under the
guidance of doctors as required by the State should include the words of "To
seek doctor's advice in the purchasing and application".
Article 16 No advertising is allowed for such special purpose drugs as
anesthetics, psychotropic drugs, toxic drugs and radioactive drugs.
Article 17 An advertisement for any farm chemicals should not contain the
1. Any absolute assertions of safety, such as toxic-free or harmless;
2. Any unscientific assertions or assurances in terms of effectiveness;
3. Written or oral language or pictures that violate the procedures for the
safe use of farm chemicals; and
4. Other contents prohibited by law and administrative decrees.
Article 18 Advertisements of tobacco are prohibited to be published through
broadcast, films, television, newspaper or periodicals.
It is prohibited to post tobacco advertisements in any waiting rooms, cinemas
and theatres, meeting halls, sports sites and gyms and other public places.
An advertisement for tobacco should carry the indication of "Smoking is
harmful to your health".
Article 19 The contents of advertisements for goods, wines and cosmetics
should conform to the requirements as set by health departments and not use any
medical terms or terms easily to confuse the goods with medicines.
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
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
1. Business licenses and other documents certifying production and management
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
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 In 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
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
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.
Article 34 Advertisements for medicines, medical apparatuses, pesticides,
veterinary medicines and other commodities through broadcast, films, television,
newspapers, periodicals and other media and other advertisements that are
required for examination by law and administrative organs shall be examined by
relevant administrative departments in charge according to relevant laws and
administrative decrees (hereinafter referred to as "advertising examination
organizations") before they are published and are prohibited from being
published without examination.
Article 35 Advertisers shall submit related documents of certification
according to law and administrative decrees in applying for examination of their
advertisements with the advertisement examination organizations. Advertisement
examination organizations shall examine the advertisements and take proper
decisions according to law and administrative decrees.
Article 36 No unit or individual shall forge, falsify or transfer documents of
approval for the examination of advertisements.
Article 37 For acts of falsely advertising commodities or services in
violation of this law, the advertising supervision and administration
organizations shall order the advertisers to stop publication and to use the
amount of expense equal to the expenses for advertising to make open corrections
to offset the influence within corresponding scope and to pay a fine ranging
from twice to less than five times the amount used for advertising. The
advertisement fees collected by advertising agents and publishers of the said
advertisements shall be confiscated and a fine ranging from twice to less than
five times the amount they have collected for advertising shall be imposed on
If the cases is very serious, their advertising business shall be terminated.
If the case is serious enough to constitute a crime, criminal responsibilities
shall be affixed.
Article 38 For acts of publishing false advertisements to deceive or mislead
consumers, thus causing damages to the lawful rights and interests of consumers
who have bought the commodities or accepted the services, the advertisers shall
bear civil responsibility and advertising agents and publishers shall bear joint
and several responsibility if they have designed, produced and published the
advertisements even though they knew or should have known the falseness of the
Whereas an advertising agent or publisher is unable to provide the true name
and address of the advertiser(s), it should bear all the civil responsibility.
Social or other organizations 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 advertising supervision
and administrative organizations shall order the advertisers, advertising agents
or publishers responsible to stop publication and openly make corrections,
confiscate the advertising expenses and impose a fine ranging from twice to less
than five times the amount of the advertising expenses.
If the case is very serious, the business license of the advertising business
shall be terminated. If the case is serious enough to constitute a crime,
criminal responsibilities shall be affixed.
Article 40 For acts violating the provisions of Articles 9 through 12 of this
law, the advertising supervision and administrative organizations shall order
the responsible advertisers, advertising agents or advertisement publishers to
stop publication and make open corrections, confiscate the advertising expenses
and impose a fine ranging from twice to less than five times the amount of
For acts violating the provisions of Article 13 of this law, the advertising
supervision and management organizations shall order advertisement publishers to
make corrections and impose a fine ranging from over RMB 1,000 to less than RMB
10,000 on the advertisement publishers.
Article 41 For acts of advertising medicines, medical apparatuses, pesticides,
foodstuffs, wines and cosmetics in violation of the provisions of Article 31 of
this law, the advertising supervision and administrative organizations shall
order the responsible advertisers, advertising agents or advertisement
publishers to correct or stop publication, confiscate the advertising expenses
and may impose a fine concurrently ranging from twice to less than five times
the amount of the advertising expenses. If the case is very serious, the
advertising business shall be terminated.
Article 42 For acts of advertising tobacco through broadcast, films,
television, newspapers or periodicals in violation of the provisions of Article
18 of this law or acts of posing tobacco advertisements in public places, the
advertising supervision and administrative organizations shall order the
responsible advertisers, advertising agents or advertisement publishers to stop
publication, confiscate the advertising expenses and may concurrently impose a
fine ranging from twice to less than five times the advertising expenses.
Article 43 For acts of advertising without approval by advertisement
examination organizations in violation of the provisions of Article 34, the
advertising supervision and administrative organizations shall order the
responsible advertisers, advertising agents or advertisement publishers to stop
publications, confiscate the advertising expenses and concurrently impose a fine
ranging from twice to less than five times the amount of the advertising
Article 44 For acts of providing false certificates for advertisers, the
advertising supervision and administrative organizations shall confiscate the
illegal proceeds and impose a fine ranging from RMB10,000 to RMB100,000. If the
case is serious enough to constitute a crime, criminal responsibilities shall be
Article 45 If an advertisement examination organization 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 punishments by the unit to which they belong, or by organs at the
next higher level or by administrative and supervision department.
Article 46 Working personnel of advertising supervision and management
organizations and advertisement administrative organs shall be given
administrative punishments for committing dereliction of duty, abuse of their
power to personal gains. If the case is serious enough to constitute a crime,
criminal responsibility shall be affixed.
Article 47 Advertisers, advertising 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 underage persons or handicapped persons;
2. Infringe on and use other's patent rights;
3. Denigrating the commodities or services of other producers or managers;
4. Use of the names or images of others without prior consent; and
5. Other acts that infringe upon the civil rights and interests of others.
Article 48 Upon a refuse to accept administrative punishments, a person should
apply for a review with the organ at the next higher level within 15 days
starting from the date of receiving the notice of punishments.
The person concerned may also bring the case directly before the people's
court within 15 days starting from the date of receiving the notice of
The organ of review shall take the review decision within 60 days starting
from the date of receipt of the application for review. If the party concerned
refuses to accept the decision of the review, it may bring the case before the
people's court within 15 days starting from the date of receipt of the notice of
If a review organ fails to take a decision within the time limit, the party
concerned may bring the case before the people's court within 15 days starting
from the date of expiry of the review period.
If a party concerned fails to apply for a review or bring the case before the
people's court and yet refuses to implement the punishment decision, the organ
which has taken the decision may apply with the people's court for compulsory
Article 49 The law shall be in force starting from February 1, 1995. Should
any laws and regulations concerning advertising promulgated before the
enforcement of this law come into conflict with this law in contents, the
provisions of this law previal.