第二条 凡通过报刊、广播、电视、电影、路牌、橱窗、印刷品、霓虹灯等媒介 或者形式,在中华人民共和国境内刊播、设置、张贴广告,均属本条例 管理范围。
Article 2.
These Regulations shall apply to any advertisements published, broadcast, installed or posted in the People's Republic of China through such media or in such forms as the press, broadcasting, television, films, street nameplates, shop windows, printed matters, neon lights, etc.
第三条 广告内容必须真实、健康、清晰、明白,不得以任何形式欺骗用户和消 费者。
Article 3.
The content of an advertisement must be true to facts, sound, clear and easy to understand and must not cheat users and consumers in any way.
对违反本条例规定的广告,不得刊播、设置、张贴。
They may not publish, broadcast, install or post any advertisements which violate the provisions of these Regulations.
第十三条 户外广告的设置、张贴,由当地人民政府组织工商行政管理、城建、环保、公安等有关部门制订规划,工商行政管理机关负责监督实施。
Article 13.
For the installation and posting of outdoor advertisements, local people's governments shall organize the administrative departments respectively in charge of industry and commerce, urban construction, environmental protection and public security in jointly drawing up the plans, which shall be implemented under the supervision of the administrative departments for industry and commerce.
第十四条 广告收费标准,由广告经营者制订,报当地工商行政管理机关和物价管理机关备案。
Article 14.
Rates of charges for advertisements shall be fixed by advertising operators and reported to local administrative departments for industry and commerce and to those in charge of price control for the record.
户外广告场地费、建筑费占用费的收费标准,由当地工商行政管理机关 会同物价、城建部门协商制订,报当地人民政府批准。
Rates of fees to be charged for the use of places and buildings for outdoor advertisements shall be fixed through consultations by local administrative departments for industry and commerce with those in charge of price control and urban construction and reported to local people's governments for approval.
第十六条 广告经营者必须按照国家规定设置广告会计帐簿,依法纳税,并接受财政、审计、工商行政管理部门的监督检查。
Article 16.
Advertising operators must, according to the relevant prescriptions of the State, set up bookkeeping records, pay taxes according to law and subject themselves to the control and inspection by the administrative departments respectively in charge of finance, auditing and industry and commerce.
第十七条 广告经营者承办或者代理广告业务,应当与客户或者被代理人签订书面 合同,明确各方的责任。
Article 17.
In undertaking or acting as agents in advertising business, advertising operators shall sign with advertisers or those who have entrusted them with the business written contracts that shall stipulate explicitly each party's responsibilities.
第十八条 广告客户或者广告经营者违反本条例规定,由工商行政管理机关根据情 节轻重,分别给予下列处罚:
Article 18.
Advertisers or advertising operators who have violated the provisions of these Regulations shall be given the following penalties by administrative departments for industry and commerce according to the seriousness of the cases:
(四)没收非未能所得;
(4) Confiscation of the illegal gains;
(七)吊销营业执照或者广告经营许可证。
(7) Revocation of the business licences or the licences for advertising operation.
违反本条例规定,情节严重,构成犯罪的,由司法机关依法追究刑事责任。
If the violations of the provisions of these Regulations are so serious as to constitute crimes, criminal responsibilities shall be investigated by judicial organs according to law.
第十九条 广告客户和广告经营者对工商行政管理机关处罚决定不服的,可以在收到处罚通知之日起十五日内,向上一级工商行政管理机关申请复议。
Article 19.
If advertisers or advertising operators disagree with the penalties decided upon by administrative departments for industry and commerce, they may apply for a reconsideration to the next higher administrative departments for industry and commerce within 15 days after receiving penalty notices.
对复议决定仍不服的,可以在收到复议决定之日起三十日内,向人民法院 起诉。
If they still disagree with the decisions made after reconsideration, they may bring a suit in a people's court within 30 days after receiving the reconsideration decisions.
第二十条 广告客户和广告经营者违反本条例规定,使用户和消费者蒙受损失,或者有其他侵权行为的,应当承担赔偿责任。
Article 20.
Advertisers or advertising operators who, in violation of the provisions of these Regulations, have caused losses on the part of their users and consumers or committed other acts of infringement shall bear the responsibility for compensation.
损害赔偿,受害人可以请求 县以上工商行政管理机关处理。
With respect to claims for damages, the claimant may request the administrative departments for industry and commerce above the county level for handling.
当事人对工商行政管理机关处理不服 的,可以向人民法院起诉。
If the parties concerned disagree with the decisions made by administrative departments for industry and commerce, they may bring a suit in a people's court.
受害人也可以直接向人民法院起诉。
The claimant may also directly bring a suit in a people's court.
第二十一条 本条例由国家工商行政管理局负责解释;施行细则由国家工商行政管理局制定。
Article 21.
These Regulations shall be interpreted by the State Administration for Industry and Commerce.
The rules for implementation shall be formulated by the State Administration for Industry and Commerce.
第二十二条 本条例自一九八七年十二月一日起施行。
Article 22.
These Regulations shall go into effect as of December 1, 1987.
一九八二年二月六日国务院发布的《广告管理暂行条例》同时废止。
The Interim Regulations on Control of Advertisement promulgated by the State Council on February 6, 1982 shall be abrogated as of the same date
第五条 广告的管理机关是国家工商行政管理机关和地方各级工商行政管理机关。
Article 5.
The administrative organs controlling advertisements shall be the State Administration for Industry and Commerce and local administrative departments for industry and commerce at various levels.
第六条 经营广告业务的单位和个体工商户(以下简称广告经营者),应当按照本 条例和有关法规的规定,向工商行政管理机关申请,分别情况办理审批 登记手续:
Article 6.
Units and self-employed industrialists or businessmen wishing to engage in advertising businesses (hereinafter referred to as advertising operators) shall submit applications to administrative departments for industry and commerce in accordance with these Regulations and the provisions of other relevant laws and regulations and go through, according to different circumstances, such formalities as examination, approval or registration:
(四)兼营广告业务的企业,应当办理经营范围变更登记。
(4) For enterprises concurrently engaged in advertising business, applications shall be filed with the relevant departments for change of business scope registration.