国家工商行政管理总局令第17号
颁布日期：20041130 推行日期：20050101 颁布单位：国家工商行政管理总局
The Measures for the Administration of Printed Adverti百度竞价推广ent， which were adopted at the executive meeting of the State Administration for Industry and Commerce of the People's Republic of China， are promulgated1 hereby and shall go into effect as of January 1， 2005.
Director General Wang Zhongfu
November 30， 2004
Measures for the Administration of Printed Adverti百度竞价推广ent
Article 1 With a view to enforcing the administration of printed adverti百度竞价推广ents， protecting the legal rights and interests of the consumers and business operators， and maintaining a market order of fair competition， the present Measures are formulated2 in accordance with the Advertising3 Law of the People's Republic of China， the Regulations on Advertising Administration and other relevant provisions of the State.
Article 2 The printed adverti百度竞价推广ents， subject to the administration of the present Measures， refer to printed adverti百度竞价推广ents in the common forms of leaflets， posters， and brochures by which an advertiser publicizes by himself or commissions an advertising operator to publicize for the introduction of the commodities and services that he promotes， or printed adverti百度竞价推广ents in a fixed4 form such as specialized5 publications with fixed names， specifications6， and patterns by which an advertising operator publicizes for the introduction of the commodities and service that any other person promotes.
Article 3 A printed adverti百度竞价推广ent shall be true， lawful7 and conforming with the requirements for the development of socialist8 spiritual civilization， and shall not contain any false information or deceive or mislead consumers.
Article 4 A printed adverti百度竞价推广ent shall be identifiable as a kind of printed adverti百度竞价推广ent by consumers， and shall not contain such non-adverti百度竞价推广ent information as news reports.
Article 5 The publication of a printed adverti百度竞价推广ent shall not disturb the public order， social production or the people's life. No printed adverti百度竞价推广ent may be published in any site or area wherein the said adverti百度竞价推广ent is prohibited by any law or regulation or the local people's governments at or above the county level.
Article 6 Where an advertiser himself publishes a common form printed adverti百度竞价推广ent， the advertiser's name and address shall be indicated； where an advertiser commissions an advertising operator to design， produce or publish a common form printed adverti百度竞价推广ent， the name and address of the advertising operator shall be indicated as well.
Article 7 Where an advertiser or an advertising operator use printed matter to publish the adverti百度竞价推广ents of such commodities as medicines， medical apparatuses9， pesticides10， veterinary drugs and other adverti百度竞价推广ents which are subject to censorship as prescribed by laws and administrative11 regulations， it shall obtain corresponding examination and approval documents of advertising in accordance with the relevant laws and administrative regulations， and shall publish adverti百度竞价推广ents according to the advertising censorship documents.
Article 8 An advertising operator， who applies for issuing printed adverti百度竞价推广ent in a fixed form， shall meet the following conditions：
（1） Taking advertising as its main business， its business scope including acting12 as an agent or an adverti百度竞价推广ent publisher， and its enterprise name indicating that the industry which the enterprise belongs to is advertising；
（2） Having a registered capital of no less than 1，500，000 Yuan；
（3） The enterprise having been established for three years or more.
Article 9 When publishing a fixed form printed adverti百度竞价推广ent， an advertising operator shall apply to the administration for industry and commerce of the province， autonomous13 region， municipality directly under the Central Government or city directly under State planning where it is located， and shall submit the following application materials：
（1） An application report （with such content of the fixed form printed adverti百度竞价推广ent which is applied14 for as the name and specifications； the issue number， time， quantity and range of issuance； the type of the commodities and services to be introduced； the object， manner， channel of issuing； etc.）；
（2） A photocopy15 of the business license16；
（3） An application form for the registration17 of the fixed form printed adverti百度竞价推广ent；
（4） The sample of the first page of the printed adverti百度竞价推广ent in a fixed form.
Article 10 When the application materials are incomplete or fail to be in conformity18 with the legal form， the administration for industry and commerce of the provinces， autonomous regions， municipalities directly under the Central Government and cities directly under State planning shall， once for all within five days， inform the advertising operator of all the content need to be supplemented and corrected. When the application materials are complete and in conformity with the legal form， the said administration shall， give a notice of acceptance and make a decision within 20 days from the date of acceptance. If approval is granted， a Fixed Form Printed Adverti百度竞价推广ent Registration Permit shall be issued. If it is not approved， an explanation shall be given in writing.
Article 11 The term of validity of the Fixed Form Printed Adverti百度竞价推广ent Registration Permit is 2 years. An advertising operator may apply to the original registration organ for renewing the permit 30 days prior to the expiry date.
Article 12 An advertising operator shall indicate， on the TOP of the first page of a fixed form printed adverti百度竞价推广ent， the name of the fixed form printed adverti百度竞价推广ent， the name and address of the advertising operator， the registration permit number， the issue number and publishing time of the adverti百度竞价推广ent， and the unified19 mark of DM。
The name of a fixed form printed adverti百度竞价推广ent shall be composed of the following three parts arranged in proper order： the administrative pision in the enterprise name of the advertising operator + the name of the enterprise + the word adverti百度竞价推广ent。 The written name of the fixed form printed adverti百度竞价推广ent shall be noticeable， and all the integral parts shall be in identical size and font， and the name shall take up an area of no less than 10% of the first page.
Article 13 The first page and last page of a fixed form printed adverti百度竞价推广ent shall be the adverti百度竞价推广ent page. An advertising operator shall not print the title or table of contents of the adverti百度竞价推广ents therein on the first page. Such dictions as host， assist， producer， editorial board， editor， publish， this publication， magazine， special， etc.， which are easily confused with those as used in newspapers or journals， shall not be used in a fixed form printed adverti百度竞价推广ent.
Article 14 The catalogue of adverti百度竞价推广ents or index in a fixed form printed adverti百度竞价推广ent shall consist of the names of the commodities （trademarks20） or the names of the advertisers. The corresponding adverti百度竞价推广ent content shall be able to clearly and specifically indicate the advertisers and the commodities or services thereof under sales promotion21. An advertising operator shall not publish an adverti百度竞价推广ent in the form of news report.
Article 15 An advertising operator， when publishing a Chinese-foreign language printed adverti百度竞价推广ent in a fixed form to cater22 to any special group， shall not violate any State regulation concerning language.
Article 16 An advertising operator shall publish a fixed form printed adverti百度竞价推广ent according to the name， specifications and patterns as approved， and shall accept the supervision23 and examination of the administrations for industry and commerce. An advertising operator shall submit a sample of the fixed form printed adverti百度竞价推广ent and other related materials as required， and may not conceal24 the real situation or provide false materials.
An advertising operator shall not alter， scalp， lease or lend the Fixed Form Printed Adverti百度竞价推广ent Registration Permit， and shall not have its fixed form printed adverti百度竞价推广ent published or operated by any other person by means of transfer.
Article 17 Where a printed adverti百度竞价推广ent is published in an emporium， drug store， medical service institution， recreation places or other public places， the advertiser or the advertising operator shall obtain the consent of the manager of the said places. The manager of the said places shall take charge of the printed adverti百度竞价推广ents that are distributed， displayed or posted within its jurisdiction25， and shall reject the issuance of any adverti百度竞价推广ent violating any of the advertising laws and regulations.
Article 18 Any printing enterprise of printed adverti百度竞价推广ents shall abide26 by the relevant regulations， and shall not print any printed adverti百度竞价推广ent with illegal content.
Article 19 Anyone who violates the present Measures shall be punished in accordance with such relevant laws or administrative regulations as the Advertising Law of the People's Republic of China， the Regulation on Advertising Administration， etc.， and the provisions of the Detailed27 Implementing28 Rules for the Regulation on Advertising Administration. In case any related matter are not prescribed in such relevant laws or administrative regulations as the Advertising Law of the People's Republic of China， the Regulations on Advertising Administration， etc.， or in the Detailed Implementing Rules for the Regulation on Advertising Administration， the offender29 shall be ordered to cease its unlawful practice by the administration for industry and commerce， and may be imposed a fine of less than three times the illegal earnings30 but no more than a maximum of 30，000 Yuan， or a fine of no more than 10，000 Yuan in light of the circumstances if there are no illegal earnings.
Any inpidual who unlawfully distributes or posts a printed adverti百度竞价推广ent shall be ordered to cease the wrongful acts by the administration for industry and commerce， and shall be imposed a fine of no more than 50 Yuan.
Article 20 Where the situation of the advertising operator that engages in fixed form printed adverti百度竞价推广ent changes so that it no longer meets the conditions as prescribed in Article 8 of the present Measures， the Fixed Form Printed Adverti百度竞价推广ent Registration Permit thereof shall be revoked32 by the original registration organ.
Where a fixed form printed adverti百度竞价推广ent violates the provisions of Article 3 in the present Measures and if the case is serious， the original registration organ may， in accordance with the provisions of Articles 37， 39 and 41 of the Advertising Law， cease the violator's business operations in fixed form printed adverti百度竞价推广ent and revoke31 its Fixed Form Printed Adverti百度竞价推广ent Registration Permit.
Article 21 Where any bill， packing， decoration or product instruction contains any advertising content， it shall be subject to the administration of the present Measures.
Article 22 The present Measures shall go into effect as of January 1， 2005. The Measures for the Administration of Printed Advertising， which were promulgated by the Order No. 95 of the State Administration for Industry and Commerce on January 13， 2000， shall be abolished simultaneously33.
