Beijing Municipality, Administration of Network Advertisements Tentative Measures

Effective: May 1 2001
Interpreting authority: Beijing Administration for Industry and Commerce (BAIC)
Applicability: For the purposes of these measures, network advertisements are advertisements disseminated by means of banners, buttons, links, e-mail or other means on websites or web pages by commercial or non-commercial internet information service providers (Article 2).

Main Content: The Beijing Administration for Industry and Commerce will establish an "Internet Advertisement Administration Centre" at www.HD315.gov.cn (Article 4). Commercial internet information service providers offering advertising services must possess an "Advertisement Provider's Permit" issued by the BAIC; non-commercial internet information service providers are prohibited from offering advertising services; an enterprise's advertising at its own website must conform to the business scope of the enterprise (Article 5). An enterprise registering as an advertisement provider must present proof of adequate management structure, advertisement manager qualifications and advertisement inspector qualifications (Article 6). The internet information service provider must ensure that advertisements conform to the law and that the owner of an advertisement possesses the necessary permits and credentials (Article 9). Completed advertisements must be submitted to the Network Advertisement Administration Centre, which will send the advertisement to the website for which it is intended (Article 10). Internet advertisements of tobacco products, sex aids and sex-related products are prohibited (Article 13). Internet advertisements of medical products and treatments, agricultural chemicals, veterinary medicines, seeds and breeding stock must be authorized by the relevant department (Article 14). Owners of advertisements for overseas-study consulting services, community-sponsored education, employment agencies and for-profit cultural activities must provide relevant documentation and advertising content must correspond with this documentation (Article 15). Advertisements may not be released in the form of news reports (Article 16). The Beijing Administration for Industry and Commerce will publish the name and registration identity of advertisement providers through its website (www.HD315.gov.cn) in order to facilitate consumer choice, complaints and appeals (Article 18). With regard to applications for a permit to provide advertisements by internet information service providers with foreign investment, the current measures and regulations on foreign-owned advertisement enterprises will apply (Article 20).
Related legislation: PRC, Advertising Law, Oct 27 1994, CLP 1994 No.10 p19 and Administration of Advertising Regulations, Oct 26 1987