Provisions of Shanghai Municipality on Investigating and Punishing Unwarranted Posting, Drawing, Carving, Hanging or Distributing

(Promulgated by Decree No. 51 of Shanghai Municipal People's Government on November 15,  2010; amended by Decree No. 7 of Shanghai Municipal People's Government on December 5, 2023)

Article 1 (Purposes and Basis)

With a view to maintaining a clean and tidy city appearance, and prohibiting the unwarranted posting, drawing, carving, hanging or distributing, these Provisions are formulated in accordance with the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation, and in the light of the actual circumstances of this Municipality.

Article 2 (Department of Administration and Law-enforcement)

The administrative department of landscaping and city appearance is responsible for the organization and implementation of these Provisions.

Each district administrative department of landscaping and city appearance is responsible for the supervision over and administration of the unwarranted posting, drawing, carving, hanging or distributing within its own administrative area.

The urban management and administrative law enforcement departments, sub-district offices and town/township people’s governments (hereinafter jointly referred to as the urban management comprehensive law enforcement departments) shall conduct administrative punishment on the act of unwarranted posting, drawing, carving, hanging or distributing.

Article 3 (General Provisions)

Any unit or individual shall conscientiously keep tidy and clean all trees, buildings, structures and other facilities, and has the right to stop and report against the act of damaging the tidiness and cleanness of the above-mentioned items.

Article 4 (Acts Prohibited)

It is prohibited to carve or to draw on trees, buildings, structures or other facilities.

It is prohibited to post up or hang publicity materials on trees.

It is prohibited to arbitrarily post up or hang publicity materials on buildings, structures or other facilities. If it is necessary to temporarily post up and hang publicity materials on buildings, structures or other facilities under particular circumstances, approval shall be obtained from the district administrative department of landscaping and city appearance, and such items shall be posted up or hung within the prescribed time limit and scope, and be cleared away in a timely manner upon the expiration of the time limit.

It is prohibited to distribute commercial promotional materials on major roads, scenic areas, commercial concentration areas, transportation hubs, rail transit stations, and other public places designated by the municipal landscaping and city appearance administrative department.

Article 5 (Public Bulletin Boards)

The sub-district office and the town/township people's government shall select proper spots in the neighborhood or the residential areas to set up the public bulletin boards, and shall conduct routine management of such boards.

Sporadic poster materials shall be posted up on public bulletin boards.

Article 6 (Rights and Obligations of Relevant Units)

Every unit shall keep tidy and clean the trees, buildings, structures or other facilities they use and manage. Where the act of unwarranted posting, drawing, carving, hanging or distributing is found, the unit has the right to demand the wrongdoer to make the cleaning-up, and claim compensation from the wrongdoer; where the wrongdoer can not be found for the time being, the unit shall make the cleaning-up for the wrongdoer.

The district landscaping and city appearance administrative departments, sub-district offices and town/township people’s governments shall organize the cleaning-up where they find the act of unwarranted posting, drawing, carving, hanging, or distributing within their jurisdiction area, and where the cleaning-up is not conducted in a timely manner.

Article 7 (Guiding Regulation)

Any behavior that violates these Provisions shall be dealt with in accordance with the provisions of the Regulations of Shanghai Municipality on City Appearance and Environmental Sanitation.

Article 8 (Reconsideration and Litigation)

Where the relevant party does not agree with the specific administrative act made by the administrative department of landscaping and city appearance or the urban management comprehensive law enforcement department he/she may apply for an administrative reconsideration or bring an administrative lawsuit in accordance with the provisions of the Administrative Reconsideration Law of the People’s Republic of China or the Administrative Litigation Law of the People’s Republic of China.

Where the relevant party does not apply for an administrative reconsideration, nor bring an administrative lawsuit, nor perform the specific administrative decision within the prescribed time limit, the administrative department of landscaping and city appearance or the urban management comprehensive law enforcement department that made the specific administrative act may apply to the people's court for enforcement.

Article 9 (Punishment on Impeding Official Duties)

Those who insult or beat up the working staff of the administrative department of landscaping and city appearance or the urban management comprehensive law enforcement department, or refuse or impede the official duties conducted by these working staff, and violate the Law of People's Republic of China on Administrative Penalties for Public Security, shall be punished by the administrative department of public security; where the case is serious and the relevant act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability.

Article 10 (Prosecution of the Illegal Act of Law-enforcement Officers)

The administrators of the landscaping and city appearance and the urban management and law-enforcement officers shall enforce the law impartially. Those who abuse the power, play favoritism and commit irregularities, or ask for or accept bribes shall be given disciplinary sanctions by the unit they work in; where the case is serious and the relevant act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability.

Article 11 (Effective Date)

These Provisions shall be effective as of January 1, 2011. The Interim Provisions of Shanghai Municipality on Prohibiting the Unwarranted Posting, Smearing, and Carving and Drawing promulgated by Decree No. 44 of Shanghai Municipal People's Government on April 30, 1997, and amended in accordance with the Decisions of Shanghai Municipal People's Government on Revising Six Government Regulations Including the Implementation Rules of Shanghai Municipality on the Protection of Aquaculture promulgated by Decree No. 77 of Shanghai Municipal People's Government on November 30, 2007 shall be repealed at the same time.