Provisions of Shanghai Municipality on the Administration of the Installation of the Outdoor Advertisements on the Movable Objects

(Promulgated by Decree No. 57 of Shanghai Municipal People's Government on December 30, 2010; amended for the first time in accordance with Decree No. 53 of Shanghai Municipal People's Government on July 13, 2017; amended for the second time in accordance with Decree No. 13 of Shanghai Municipal People's Government on April 2, 2024)

Article 1 (Purpose and Basis)

These Provisions are formulated with a view to strengthening this Municipality's administration of the installation of the outdoor advertisements on the movable objects, maintaining its traffic order, and keeping the city clean and tidy.

Article 2 (Application Scope and Definition)

These Provisions apply to the installation of the outdoor advertisements on the movable objects within the administrative areas of this Municipality and the related administration activities.

The "outdoor advertisements on the movable objects" in these Provisions mean the outdoor advertisements installed on special movable carriers of vehicles, vessels, airships, unmanned free balloons and unmanned aerial vehicles.

The specific administrative provisions for using unmanned aerial vehicles to set up mobile outdoor advertisements shall be formulated separately by the municipal greening and city appearance department in conjunction with relevant administrative departments.

Article 3 (Administrative Departments)

The municipal greening and city appearance administrative department shall be responsible for the supervision, administration and comprehensive coordination of the installation of the outdoor advertisements on the movable objects of this Municipality.

The market regulation administrative department shall be responsible for the supervision and administration of the contents of the outdoor advertisements issued on the movable objects of this Municipality.

This Municipality's transportation, public security, and meteorological administrative departments, the East China Regional Administration of CAAC, and Shanghai Maritime Affairs Administration shall, according to their respective functions and duties, cooperate with each other in implementing these Provisions.

Article 4 (Cases of Prohibited Installation)

Vehicles, vessels, airships and unmanned free balloons specially used to issue outdoor advertisements are prohibited from running or navigating in the administrative areas of this Municipality.

Except rail transport vehicles, buses, trams, trolleybuses, taxis and freight taxis, vehicles are prohibited from being used to install the commercial outdoor advertisements.

Except passenger ferries and passenger cruise liners, vessels are prohibited from being used to install the commercial outdoor advertisements.

Except air tour airships, airships or unmanned free balloons are prohibited from being used to install the commercial outdoor advertisements.

Article 5 (Norms of Installation)

Where rail transport vehicles, buses, trams, trolleybuses, taxis, freight taxis, passenger ferries, passenger cruise liners or air tour airships are used to install the commercial outdoor advertisements, the State's and this Municipality's requirements on the technical norms of the installation of the outdoor advertisement on the movable objects as well as the State's and this Municipality's provisions on the administration of road, water and air transportation shall be observed.

Where a unit uses its own vehicle, vessel, airship or unmanned free balloon to issue the information of its own unit name or logogram, it shall observe the State's and this Municipality's requirements on the technical norms of the installation of the outdoor advertisement on the movable objects as well as the State's and this Municipality's provisions on the administration of road, water and air transportation.

The technical norms of the installation of the outdoor advertisement on the movable objects shall be formulated and promulgated by the municipal greening and city appearance administrative department jointly with relevant administrative departments.

In the process of formulating the technical norms of the installation of the outdoor advertisement on the movable objects, the draft technical norms of the installation shall be publicized, and the opinions of relevant social organizations, experts and the general public shall be solicited.

Article 6 (Requirements on Contents of Outdoor Advertisements)

The contents of the outdoor advertisements on the movable objects shall comply with the provisions of laws, rules and regulations, shall be true and decent, and shall not deceive the users or consumers in any form. The Chinese characters, letters and symbols used in the outdoor advertisements on the movable objects shall comply with the State's provisions.

It is prohibited to issue the outdoor advertisements on the movable objects of which the contents have adverse effect. The specific scope of such advertisements that may have adverse effect shall be provided separately and promulgated by the municipal market regulation administrative department.

Article 7 (Maintenance and Management)

The installer of the outdoor advertisements on the movable objects shall maintain the advertisement and keep it clean, tidy and in a good condition. The broken, dirty, corrosive or obsolete outdoor advertisements on the movable objects shall be repaired or updated in a timely manner.

Article 8 (Complaint Disposal)

Any unit and individual may complain or report to the greening and city appearance administrative department, comprehensive law enforcement department of urban management and other relevant administrative departments when discovering cases of violating these Provisions. Upon receiving such complaint or report, relevant administrative departments shall make disposal within the prescribed time limit and give feedback of the disposal result.

Article 9 (Existing Provisions on Punishment for Acts)

Where laws, rules or regulations have provisions on punishment for acts violating these Provisions, such provisions shall prevail.

Article 10 (Punishment for Violating Cases of Prohibited Installation)

In violation of the provision of Article 4 of these Provisions, where vehicles, vessels, airships or unmanned free balloons specially used to issue the outdoor advertisements on the movable objects run or navigate within the administrative area of this Municipality or where vehicles, vessels, airships or unmanned free balloons are used to install commercial outdoor advertisements, the comprehensive law enforcement department of urban management shall order the violator to make corrections and impose a fine of not less than 5000 yuan but not more than 50000 yuan.

Article 11 (Punishment for Violating Norms of Installation)

Where, in violation of the provision of Paragraph 1of Article 5 of these Provisions, rail transport vehicles, buses, trams, trolleybuses or taxis are used to install the commercial outdoor advertisements on the movable objects but without meeting the technical norms, the municipal or district transport administrative department shall order the wrongdoer to make corrections and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan; where other carriers are used to install the commercial outdoor advertisements on the movable objects but without meeting the technical norms, the comprehensive law enforcement department of urban management shall order the wrongdoer to make corrections and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.

Where a unit uses its own vehicle, vessel, airship or unmanned free balloon to issue the information of its own unit name or logogram but without meeting the technical norms, the comprehensive law enforcement department of urban management shall order the wrongdoer to make corrections and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.

Article 12 (Punishment for Violating the Requirements on Advertisement Contents Issuance)

Where the contents of the outdoor advertisements on the movable objects may have an adverse effect in violation of the provision of Paragraph 2 of Article 6 of these Provisions, the market regulation administrative departments shall order the wrongdoer to make corrections within a prescribed time limit and impose a fine of not less than 3,000 yuan but not more than 30,000 yuan.

Article 13 (Punishment for Violating the Requirements on Maintenance)

Where the outdoor advertisements on the movable objects fail to be kept clean, tidy and in a good condition or to be repaired or updated in a timely manner in violation of the provision of Article 7 of these Provisions, the comprehensive law enforcement department of urban management shall order the wrongdoer to make corrections within a prescribed time limit; in case of failing to make corrections within such time limit, a fine of not less than 20 yuan but not more than 200 yuan shall be imposed.

Article 14 (Assistance in Law Enforcement)

This Municipality's transportation, public security, and meteorological administrative departments, the East China Regional Administration of CAAC, and Shanghai Maritime Affairs Administration shall take necessary measures and provide necessary information to assist the greening and city appearance administrative department and the comprehensive law enforcement department of urban management to do well the work of supervision, administration and administrative punishment for the installation of the outdoor advertisements on the movable objects.

If discovering acts that violate these Provisions, the administrative departments that assist in law enforcement mentioned in the preceding paragraph shall collect relevant evidential materials, and submit the case materials to the comprehensive law enforcement department of urban management.

Article 15 (Effective Date)

These Provisions shall be effective as of January 1, 2011.