532.Measures of Shenzhen Municipality on the Administration of Outdoor Advertising Facilities深圳市户外广告设施管理办法

深圳市户外广告设施管理办法

Measures of Shenzhen Municipality on the Administration of Outdoor Advertising Facilities

　　Chapter I General Provisions

　　Article 1 To strengthen the administration of outdoor advertising facilities, standardize the installation of outdoor advertising facilities and ensure the environment in Shenzhen Municipality is safe, orderly, clean and beautiful, these Measures are formulated in accordance with the Advertisement Law of the People’s Republic of China, the Regulations on the Administration of City Appearance and Hygiene and the Regulations of Shenzhen Special Economic Zone on the Administration of City Appearance and Hygiene and in light of the actual needs of Shenzhen Municipality.　

　　Article 2 These Measures shall apply to the administration of outdoor advertising facilities within the administrative area of Shenzhen Municipality.

　　Article 3 Outdoor advertising facilities as mentioned in these Measures refer to commercial or public service advertising facilities that can be seen outdoors, face public spaces and are installed on or in buildings (structures), venues and spaces, including:

　　1. Signs, display boards, barrier gates, neon lights, facilities with luminous fonts, landscape lights, electronic displays, electronic flip-over devices, public advertising columns (including publicity boards, notice boards, warning boards, bulletin boards and poster boards), physical models and outdoor signboards which are installed in or on outdoor venues, roads and other municipal facilities or buildings (structures);

　　2. Bus shelters, newspaper kiosks, telephone booths, bounding walls (fences) at construction sites and bodies of public transport vehicles;

　　3. Banners and inflating facilities;

　　4. Multifunctional smart poles or other new-type outdoor advertising facilities.

　　Outdoor signboards as mentioned in Article 3.1 refer to private outdoor advertising facilities installed by government agencies, social organizations, enterprises, public institutions, self-employed people or other organizations at their registered addresses and within the scope of the land use right of their business premises to publicize their names, addresses, business scopes, legal representatives, persons in charge or contact information, including shop signboards (including lintel signboards on the first floor and other shop signboards), building signs and institution nameplates (plaques and guiding plaques).

　　Article 4 Outdoor advertising facilities shall be installed according to the following principles:

　　1. Safety. Outdoor advertising facilities shall be installed according to relevant technical specifications and requirements for safety and regulations on road traffic safety;

　　2. High quality. The shape, specification, material and color of an outdoor advertising facility shall be coordinated with the overall landscape of the urban space. Efforts shall also be made to encourage creative and high-quality outdoor advertising facilities and make Shenzhen Municipality look more beautiful.

　　3. Environmental protection. Outdoor advertising facilities shall be installed with low-carbon, energy-saving or environment-friendly new technologies, new materials or new processes.

　　Article 5 The municipal authorities of urban management and comprehensive law enforcement (“the municipal competent authorities”) shall be the competent authorities of outdoor advertising facilities, which are responsible for the overall administration of outdoor advertising facilities in Shenzhen Municipality, guiding and supervising the review, registration and other issues of the administration of outdoor advertising facilities by the district (including the administrative authorities of new areas; the same below) authorities of urban management and comprehensive law enforcement (“the district competent authorities”).

　　The district authorities of urban management and comprehensive law enforcement, as the competent authorities of outdoor advertising facilities within their jurisdictions, shall review the installation of large outdoor advertising facilities, record lintel signboards installed on the first floors of buildings and take charge of the safety supervision and daily administration of outdoor advertising facilities within their jurisdictions.

　　Article 6 The authorities of housing and construction, water affairs and transport shall administer advertising facilities installed on bounding walls at construction sites according to their duties, supervise their installation safety and take charge of their daily administration.

　　The transport authorities shall administer advertising facilities at bus shelters, supervise their installation safety and take charge of the daily administration of advertising facilities installed on bus bodies.

　　Article 7 The municipal competent authorities shall formulate an information administration system for outdoor advertising facilities in Shenzhen Municipality to administer the installation location, period, quantity, specifications, structure and area of outdoor advertising facilities and related law enforcement information by intelligent and information means in a coordinated manner. It shall also work hard to provide the public with online services such as online review, registration, inquiry and reporting illegal installation of outdoor advertising facilities, and strengthen the supervision and administration of outdoor advertising facilities.

　　Article 8 Advertising industry associations shall improve industry self-discipline, standardize industry management and ensure a market of fair competition and integrity management.

　　Chapter II Installation Plans and Guidelines for Outdoor Advertising Facilities

　　Article 9 The municipal competent authorities shall, according to the principle of “controlling the total quantity of outdoor advertising facilities strictly and making reasonable plans”, prepare specialized plans for the installation of outdoor advertising facilities.

　　The municipal competent authorities shall consult public opinions on specialized plans for the installation of outdoor advertising facilities for no less than 30 days before submitting them to Shenzhen Municipal People’s Government for review.

　　Article 10 The district competent authorities shall, according to the specialized plans for the installation of outdoor advertising facilities, prepare specialized plans for the installation of outdoor advertising facilities within their jurisdictions (“the district specialized plans”) and detailed designs of key areas and major road sections, which shall be submitted to the municipal competent authorities for review and promulgated for implementation after being approved.

　　The district competent authorities shall consult public opinions on the district specialized plans and detailed designs of key areas and major road sections for no less than 30 days before submitting them for review and approval.

　　Article 11 The municipal competent authorities shall, together with the municipal transport authorities, formulate guidelines for the installation of outdoor advertising facilities according to the specialized plans for the installation of outdoor advertising facilities (“the installation guidelines”), which shall be submitted to Shenzhen Municipal People’s Government for review and promulgated for implementation after being approved.

　　Article 12 Outdoor advertising facilities shall not be installed on or in the following buildings (structures), venues and spaces:

　　1. State organs, schools, scenic spots, nature reserves, cultural relic protection sites, monumental buildings and the scope of construction land ownership of landmark buildings determined by Shenzhen Municipal People’s Government, except for outdoor signboards and public service advertising facilities;

　　2. Column and scaffolding facilities, traffic safety facilities, traffic signs and single-pole barrier gates;

　　3. The surfaces of motor vehicle lanes, bicycle lanes and sidewalks;

　　4. Light pole flags, banners and multifunctional smart poles, except for outdoor advertising facilities set up by state organs for events;

　　5. Spaces beyond the outer contour of a building’s roof;

　　6. Overhead spaces of overpasses, pedestrian overpasses, railway bridges, cross-railway bridges and highway toll gates;

　　7. Outdoor advertising facilities on balloons and other floating objects in an airport and clear zones of an airport;

　　8. Other places where outdoor advertising facilities are prohibited according to the laws, regulations and rules.

　　The installation of outdoor advertising facilities shall not affect the normal use of traffic safety facilities, traffic signs, municipal public facilities and barrier-free facilities.

　　Chapter III Installation of Outdoor Advertising Facilities

　　Article 13 The installation of outdoor advertising facilities shall comply with the requirements of the municipal specialized plans and the district specialized plans for the installation of outdoor advertising facilities, detailed designs of key areas and major road sections and the installation guidelines.

　　Article 14 When a large outdoor advertising facility needs to be installed, an application shall be submitted to the district competent authorities, which shall decide within seven working days from the date of accepting the application.

　　Where the structure, function, specification or form of a large outdoor advertising facility that has been installed is changed, the review procedure for its installation shall be conducted again.

　　Large outdoor advertising facility as mentioned in these Measures refers to an outdoor advertising facility with a unilateral length of more than two meters (including two meters) or an area greater than four square meters (including four square meters).

　　Article 15 To obtain the license for installing a large outdoor advertising facility, the following conditions shall be met:

　　1. Complying with the provisions of Article 13 of these Measures;

　　2. Having a complete design scheme and construction plan;

　　3. The installer shall obtain the right to use the site for installing the outdoor advertising facility according to the law;

　　4. Where a large outdoor advertising facility affects the lighting and ventilation of residents, the consent of the parties concerned shall be obtained;

　　5. Complying with safety technical standards and specifications;

　　6. Other conditions stipulated by laws and regulations.

　　The installer as mentioned in these Measures refers to the subject responsible for installing the outdoor advertising facility, including natural person, legal person and another organization.

　　Article 16 To install a large outdoor advertising facility, the applicant shall submit the following documents:

　　1. The application form for installing the outdoor advertising facility;

　　2. The panoramic computer design of the outdoor advertising facility;

　　3. Documents related to the right to use the site for installing the outdoor advertising facility;

　　4. Written documents about the opinions of the parties concerned.

　　To apply for the installation of a large outdoor advertising facility on public land, only the first, second and fourth documents specified in the preceding paragraph need to be submitted.

　　To apply for the installation of a new external wall-mounted large outdoor advertising facility for the first time or the extended validity period of a large outdoor advertising facility with steel structure or electrical equipment, the installer shall also submit a safety testing report issued by an agency with the safety testing qualification.

　　External wall-mounted large outdoor advertising facility as mentioned in the preceding paragraph refers to a large outdoor advertising facility attached to the original external wall of a building (structure) with an add-on structure.

　　Where a large outdoor advertising facility adopts new materials and new technologies, the district competent authorities shall organize relevant experts for technical demonstration.

　　Article 17 Where a large outdoor advertising facility needs to be temporarily installed due to a large event, an application for installing the large outdoor advertising facility shall be submitted to the district competent authorities according to Articles 14, 15.2 -15.6 and 16 of these Measures.

　　Article 18 The enterprise applying for installing several outdoor advertising facilities of the same nature in the same area or installing several large outdoor advertising facilities within its own property can make only one application to the district competent authorities. The district competent authorities shall handle the application that meets the provisions of Article 13 of these Measures and has all necessary application documents submitted in a centralized manner.

　　Where several large outdoor advertising facilities are installed on the external wall of a street-facing building (structure), the property service enterprise or another manager may make overall planning and personalized design. Only one application is required. The district competent authorities shall handle such an application in a centralized manner.

　　Article 19 The validity period of the license for installing large outdoor advertising facilities shall not exceed three years. The validity period of temporary large outdoor advertising facilities shall be consistent with the event duration approved, maximum six months.

　　Article 20 The validity period of the license for installing large outdoor advertising facilities can be extended. If the requirements specified in Article 15 of these Measures are met, the district competent authorities shall approve the extension application.

　　Where the installer of outdoor advertising facilities applies for extension, he shall apply to the district competent authorities 30 days before the expiration of the validity period. The district competent authorities shall decide within seven working days from the date of accepting the application;

　　Where the installer of large outdoor advertising facilities with steel structure or electrical equipment applies for extension but fails to provide a safety testing report or meet safety technical standards and specifications after the safety testing, the district competent authorities shall not approve the extension application.

　　Where the installer of outdoor advertising facilities applies for extension according to the provisions of this article, the validity period of the license of installing such large outdoor advertising facilities (including temporary outdoor advertising facilities) shall comply with the provisions of Article 19 of these Measures.

　　Article 21 The lintel signboard on the first floor of a building shall be registered with the district competent authorities within 30 days after its first installation or change. The district competent authorities shall register it within five working days from the date of receiving registration documents.

　　The installer of the lintel signboard shall submit the registration form and sample drawings.

　　Where the lintel signboard needs to be removed, the installer shall, within 30 days from the date of removal, apply to the district competent authorities. The district competent authorities shall decide within five working days from the date of receiving the application.

　　Other shop signboards whose sizes meet the size criteria of large outdoor advertising facilities shall go through the review procedure for large outdoor advertising facilities.

　　Article 22 Non-large outdoor advertising facilities shall be installed according to Article 13 of these Measures.

　　Advertising facilities on bounding walls at construction sites and bus shelters shall be installed according to the installation guidelines and the requirements of the authorities of housing and construction, water affairs and transport and shall not go through the review procedure for large outdoor advertising facilities.

　　Advertising facilities on buses, taxis (including online taxis), trucks and the bodies of other vehicles shall be installed according to the installation guidelines and shall not go through the review procedure for large outdoor advertising facilities.

　　Article 23 Advertising facilities that are used to publish outdoor advertisements through landscape lighting facilities that have been installed shall comply with relevant regulations on the administration of outdoor advertising facilities and relevant requirements for urban lighting safety and testing.

　　Installers of outdoor advertising facilities shall be encouraged to install outdoor advertising facilities in harmony with external wall decorations of buildings and landscape lights.

　　Article 24 Outdoor advertising facilities with lights shall, according to the specialized plans and technical specifications of urban lighting, install brightness adjustment devices to reasonably control brightness and use time. Outdoor audio advertising facilities shall not produce noise beyond the domestic noise emission standards specified by the State, Guangdong Province and Shenzhen Municipality.

　　Article 25 Installers of outdoor advertising facilities for public service advertisements shall publish public service advertisements on outdoor advertising facilities specified in Article 13 of these Measures and comply with relevant regulations of Shenzhen Municipality on public service advertising.

　　During major international events or major celebrations, installers of outdoor advertising facilities shall, according to the unified requirements of Shenzhen Municipal People’s Government, publish public service advertisements on available outdoor advertising facilities. Where temporary large outdoor advertising facilities need to be installed, installers shall go through the review procedure for temporary large outdoor advertising facilities according to these Measures.

　　Article 26 Installers of outdoor advertising facilities shall fulfill the obligation of publishing public service advertisements and shall not charge additional fees. For time-billing outdoor advertising facilities such as large electronic displays, the time for free publication or broadcasting of public service advertisements shall not be less than 20% of the total time of publishing or broadcasting within the period of review. For outdoor advertising facilities installed within airports or ports, or on the sides of highways or expressways, the time of publishing or broadcasting public service advertisements shall add up to no less than 60 days in a natural year, and the layout of a public service advertisement shall not be less than 25% of the page.

　　Installers of outdoor advertisement facilities shall be encouraged to publish public service advertisements during the vacancy for rental of their outdoor advertising business.

　　Article 27 In the event of an emergency, the municipal competent emergency authorities shall notify installers of electronic display advertising facilities to issue emergency warnings on electronic displays. The content of emergency warnings shall be determined by Shenzhen Municipal People’s Government. The time of publishing emergency warnings is not counted in the time of publishing public service advertisements.

　　Installers of outdoor advertising facilities shall not charge additional fees.

　　Article 28 The right to install outdoor advertising facilities on public land and its auction system shall be established. Specific measures shall be formulated separately by the municipal competent authorities in conjunction with the authorities of development and reform, finance, planning and natural resources, and shall be implemented after being approved by Shenzhen Municipal People’s Government.

　　Public land as mentioned in these Measures refers to the land whose right to use has not been transferred or is owned by the government.

　　Chapter IV Maintenance and Supervision of Outdoor Advertising Facilities

　　Article 29 A large outdoor advertising facility shall be installed according to the requirements specified in the documents of approval. Within 15 days after the expiration of the validity period of the license, the installer shall dismantle the large outdoor advertising facility and restore the site.

　　Article 30 Government departments and public institutions shall install their nameplates (plaques and guiding plaques) according to relevant regulations of the State, Guangdong Province and Shenzhen Municipality on institution nameplates.

　　Enterprises shall install nameplates (plaques) according to the installation guidelines for nameplates (plaques), which shall not contain information to promote any products or business services.

　　Article 31 Outdoor advertising facilities shall be installed according to relevant technical standards and specifications for safety and meet the requirements for load, lightning, wind, rain, waterlogging, fire and earthquake prevention and electrical safety.

　　Article 32 Outdoor advertising facilities shall be made from safe, sturdy, fire-resistant and environment-friendly materials. It is prohibited to use materials that do not meet the requirements for safety and environmental protection.

　　Article 33 The installer of an outdoor advertising facility shall be mainly responsible for the safety management of the outdoor advertising facility. The owner of the building on which the outdoor advertising facility is installed and the property service enterprise or another manager authorized by the owner shall supervise the safety of the outdoor advertising facility.

　　When the meteorological authority releases a yellow or a higher-level warning signal for typhoon, thunderstorm gale and strong monsoon or a red warning for rainstorm, the installer of the outdoor advertising facility shall timely check the outdoor advertising facility and take safety precautions such as reinforcement or demolition. The owner of the building on which the outdoor advertising facility is installed and the property service enterprise or another manager authorized by the owner shall urge the installer to take safety precautions.

　　The municipal and district competent authorities shall, according to their respective duties, strengthen the supervision and inspection of outdoor advertising facilities and order installers of outdoor advertising facilities to make corrections if safety hazards are found.

　　Article 34 The installer of an outdoor advertising facility with steel structure or electrical equipment shall earnestly fulfill their obligation to ensure the safe use of the steel structure or electrical equipment.

　　Article 35 The installer of an outdoor advertising facility shall formulate an emergency response plan for the outdoor advertising facility and regularly carry out emergency response drills.

　　Article 36 The installer of an outdoor advertising facility shall strengthen daily maintenance and administration and keep the outdoor advertising facility clean, intact and beautiful. The outdoor advertising facility with defaced or seriously faded images or incomplete characters, which affect the image of Shenzhen Municipality, shall be repaired and updated in time.

　　The image display of outdoor advertising facilities with night lighting functions such as neon lights, electronic displays and light boxes shall be kept complete. If there are broken or incomplete images, such outdoor advertising facilities shall be repaired and updated in time and shall not be used before repair.

　　Article 37 The municipal and district competent authorities and the authorities of outdoor advertising facilities such as housing and construction, transport and water affairs shall share information about the installation supervision and administration of outdoor advertising facilities in real time through public data sharing platforms of the big data center. They shall also record information and illegal acts of natural persons, legal persons and other organizations that install outdoor advertising facilities in the information administration system for outdoor advertising facilities in Shenzhen Municipality.

　　The authorities that supervise and administer the installation of outdoor advertising facilities can strengthen in-process and after-process supervision through random inspections and social supervision. They shall also disclose information about the installation, review, registration, law enforcement, daily maintenance and safety supervision of outdoor advertising facilities according to the law.

　　Where the market supervision authorities find that an advertisement published on the outdoor advertising facility such as electronic display contains any content in violation of laws and regulations, it shall investigate and punish relevant parties according to the law and timely notify the municipal and district competent authorities to eliminate the impact by technical means.

　　Where the municipal and district competent authorities find that an advertisement contains any content in violation of laws and regulations, they shall stop it and promptly inform the market supervision authorities to deal with it according to the law.

　　Chapter V Legal Liabilities

　　Article 38 Those who violate Article 14 of these Measures and install large outdoor advertising facilities without approval shall be punished by the competent authorities according to the Regulations of Shenzhen Special Economic Zone on the Administration of City Appearance and Hygiene.

　　Installers of lintel signboards on the first floor of buildings who violate the first paragraph of Article 21 of these Measures and fail to register the lintel signboards shall be ordered by the competent authorities to register the lintel signboards within a time limit or fined 2,000 yuan if registration is not made within the time limit. Installers who violate the second paragraph of Article 21 of these Measures and install lintel signboards on the first floor not according to the sample drawings registered shall be ordered by the competent authorities to make corrections within a time limit. Those who fail to make corrections within the time limit shall have their registration revoked and be fined 1,000 yuan.

　　Article 39 The competent authorities shall order installers who violate the first paragraph of Article 22 of these Measures and install non-large outdoor advertising facilities not according to Article 13 of these Measures to make corrections or dismantle non-large outdoor advertising facilities on their own. Those who fail to make corrections or dismantle non-large outdoor advertising facilities on their own within the time limit shall be fined 1,000 yuan.

　　Article 40 Installers who violate Article 24 of these Measures and install outdoor advertising facilities with lights that do not meet the requirements of the municipal plans and technical specifications of urban lighting shall be ordered by the competent authorities to make corrections within a time limit. Those who fail to make corrections within the time limit shall be fined no less than 1,000 yuan but no more than 10,000 yuan. 

　　Those who violate Article 24 of these Measures and install outdoor advertising facilities that produce sounds beyond the domestic noise emission standards prescribed by Shenzhen Municipality shall be punished by relevant authorities according to the Regulations of Shenzhen Special Economic Zone on the Prevention and Control of Environmental Noise Pollution.

　　Article 41 Those who violate Articles 25 and 26 of these Measures and fail to publish public service advertisements according to relevant requirements shall be fined no less than 1,000 yuan but no more than 5,000 yuan by the competent authorities.

　　Article 42 Those who violate Article 29 of these Measures and fail to install large outdoor advertising facilities according to the requirements specified in the documents of approval or fail to dismantle large outdoor advertising facilities and restore the sites after the expiration of the validity period of their licenses shall be ordered by the competent authorities to make corrections within a time limit. Those who fail to make corrections within the time limit shall be fined no less than 2,000 yuan but no more than 5,000 yuan.

　　Those who violate Article 30 of these Measures and fail to install outdoor advertising facilities such as outdoor signboards according to relevant regulations shall be ordered by the competent authorities to make corrections within a time limit. Those who fail to make corrections within the time limit shall be fined 1,000 yuan.

　　Those who violate the second paragraph of Article 22 of these Measures and fail to install advertising facilities according to the requirements specified in administrative documents shall be ordered by the competent authorities and the authorities of housing and construction, water affairs and transport according to their respective duties to make corrections within a time limit. Those who fail to make corrections within the time limit shall be fined 1,000 yuan.

　　Article 43 Those who violate Article 31 of these Measures and fail to meet safety technical standards and norms related to the design and installation of outdoor advertising facilities shall be dealt with according to relevant laws and regulations.

　　Installers of outdoor advertising facilities who violate Article 33 of these Measures and fail to shoulder the primary responsibility for the safe use of outdoor advertising facilities shall be ordered by the competent authorities to make corrections within a time limit. Those who fail to make corrections within the time limit shall be fined 10,000 yuan. If losses are caused, compensation shall be made according to the law. Those suspected of committing a crime shall be transferred to the judicial authorities according to the law.

　　Installers of outdoor advertising facilities who violate Article 35 of these Measures and fail to formulate emergency response plans for outdoor advertising facilities or fail to regularly carry out emergency response drills shall be ordered by the competent authorities to make corrections within a time limit. Those who fail to make corrections within the time limit shall be fined no less than 1,000 yuan but no more than 5,000 yuan.

　　Article 44 Installers of outdoor advertising facilities who violate Article 32 of these Measures and fail to use outdoor advertising facilities made from safe and environment-friendly materials shall be dealt with according to relevant laws and regulations on the standards and specifications of the materials used in outdoor advertising facilities.

　　Article 45 Those who violate Article 36 and install outdoor advertising facilities whose appearance does not meet relevant regulations shall be ordered by the competent authorities to make corrections within a time limit. Those who fail to make corrections within the time limit shall be fined 5,000 yuan.

　　Article 46 Where installers of large outdoor advertising facilities obtain the right to install large outdoor advertising facilities by submitting false documents or forging, altering, renting, lending, reselling or illegally transferring the right to install large outdoor advertising facilities in other forms, the district competent authorities shall revoke the approval for them to install outdoor advertising and fine them 20,000 yuan.

　　Article 47 Where the municipal competent authorities find that the district competent authorities violate their statutory authority, conditions, procedures, time limit or other relevant regulations during the review procedure for the installation of large outdoor advertising facilities, they shall promptly correct such acts. For a serious case, a notice of criticism should be circulated.

　　Article 48 The competent authorities, other administrative authorities of outdoor advertising facilities or their workers that violate the provisions of these Measures in the process of performing their duties in one of the following circumstances shall have their administrative responsibilities investigated according to the law. If a crime is constituted, criminal responsibility shall be investigated according to the law:

　　1. Failing to fulfill the responsibility of disclosing information according to the law;

　　2. Carrying out administrative review or giving administrative punishment in violation of the law;

　　3. Failing to organize the auction of the right to install outdoor advertising on public land;

　　4. Other acts of dereliction of duty, abuse of power, favoritism and malpractice.

　　Article 49 Those who are listed as dishonest parties by relevant national, provincial, municipal and district authorities for providing false materials to obtain the documents of approval, failing to install outdoor advertising facilities according to the provisions of these Measures, failing to perform the duties of safe production or refusing to publish public service advertisements shall be punished for dishonesty according to the law.

　　Chapter VI Supplementary Provisions

　　Article 50 These Measures shall enter into force on January 1, 2023. The Measures of Shenzhen Municipality on the Administration of Outdoor Advertisements as promulgated by the Order of Shenzhen Municipal People’s Government No. 251 on July 15, 2013 and amended by the Order of Shenzhen Municipal People’s Government No. 303 on January 14, 2018 shall be repealed simultaneously.