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In general, there are only five areas of law enforcement powers:
1. Setting up outdoor advertising facilities without approval;
2. Outdoor advertising facilities are not dismantled on time after the expiration of the installation period;
3. Outdoor advertising facilities do not conform to the technical specifications, or the specifications, structure and color of outdoor advertising facilities are changed without authorization;
4. Failure to carry out safety testing of outdoor advertising facilities or failure to take safety precautions in accordance with regulations;
5. After the change of the person who sets up the outdoor advertising facilities, the filing is not carried out in accordance with the regulations. The above five law enforcement contents are all violations of the relevant provisions of administrative licensing and need to be corrected through urban management law enforcement.
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Outdoor advertising is the earliest form of advertising in the history of advertising, as early as ancient Rome, ancient Greece and China's Spring and Autumn Period and the Warring States Period wall posting, etc., is the prototype of outdoor advertising.
At present, outdoor advertising can be roughly divided into the following types:
1. Outdoor big signs: including single column advertisements in the city, large advertisements on the roof of buildings in the city, single column advertisements on highways and landing large advertisements, etc.;
3. Street light box advertising: including bus shelter advertising, taxi kiosk advertising, newspaper column advertising, etc.;
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Legal analysis: Outdoor advertising shall be registered and managed by the administrative authority for industry and commerce at or above the county level where it is published. The State Administration for Industry and Commerce is responsible for guiding and coordinating the registration and management of outdoor advertising nationwide.
Legal basis: Provisions on the Administration of Outdoor Advertising Registration
Article 1: These Provisions are formulated on the basis of the "Advertising Law of the People's Republic of China", the "Administrative Licensing Law of the People's Republic of China", and the "Regulations on the Administration of Advertising" and other laws and administrative regulations, so as to standardize the registration and management of outdoor advertising and promote the healthy development of outdoor advertising.
Article 2: "Outdoor advertising" as used in these Provisions refers to advertisements published using outdoor venues, spaces, facilities, and so forth. For the purposes of these Provisions, the term "outdoor advertising publishing units" includes units that publish outdoor advertisements for others, as well as units and individuals that publish outdoor advertisements for self-promotion.
Article 3: Outdoor advertising publishers publishing outdoor advertisements shall, in accordance with these Provisions, apply for registration with the administrative organs for industry and commerce, and accept the supervision and management of the administrative organs for industry and commerce. Where laws, regulations, and rules provide that the relevant departments need to be examined and approved before registration, the relevant approval formalities shall be performed first.
Article 4: Outdoor advertisements shall be registered and managed by the administrative organs for industry and commerce at or above the county level at the place of publication. The State Administration for Industry and Commerce is responsible for guiding and coordinating the registration and management of outdoor advertising nationwide. The administrative organs for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for guiding and coordinating the registration and management of outdoor advertising within their jurisdictions.
The administrative organs for industry and commerce at the county level are responsible for the registration and management of outdoor advertising within their jurisdiction. If the administrative authority for industry and commerce at the prefecture level or above (including municipalities directly under the Central Government) considers it necessary to directly register and manage the outdoor advertising within its jurisdiction, it can be directly registered and managed.
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Outdoor advertising refers to the use of outdoor places and facilities to publish advertisements, household chain advertising units, including for others to prepare for the defeat of the release of outdoor advertising units, as well as the release of outdoor trembling advertising units and individuals.
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1.The use of urban road lamp poles, traffic safety facilities, and traffic signs; 2.Affecting the use of municipal public facilities, traffic safety facilities, and traffic signs, or obstructing the safe sight distance and the passage of vehicles and pedestrians; 3.
obstructing production or the normal life of residents, damaging the appearance of the city, or building the image of the building; 4.occupying green space to block the green landscape, using street trees, or damaging urban greening facilities; 5.using dilapidated buildings or buildings that may endanger the safety of buildings and facilities; 6.
Buildings and structures of cultural relics protection units at or above the county level and their building control zones; 7.Buildings and structures of state organs at or above the county level and their control zones; 8.Buildings, structures and their control zones, scenic spots and their building control zones of colleges and universities, primary and secondary schools; 9.
Municipal and district people** stipulate that outdoor advertising is prohibited from setting up other areas; 10.Commercial advertising facilities installed on the roof of the building (including the podium); 11.set up without approval; 12.
The time limit for examination and approval has been exceeded; 13.Failure to conduct safety testing or unqualified safety testing.
Article 2 of the Advertising Law stipulates that "advertising" refers to commercial advertisements in which a commodity operator or service provider directly or indirectly introduces the goods they promote or the services they provide through a certain medium and form at their expense. As a type of advertising, outdoor advertising has its specific meaning, and we generally believe that the use of public, self-owned or others-owned buildings, structures, venues, spaces, etc. to set up advertising billboards, light boxes, neon lights, electronic display screens, physical modeling, air gear virtual balls and other outdoor advertising carriers are called outdoor advertising.
From the above definition, we can see that outdoor advertising refers to advertising carriers set up outdoors, such as billboards, advertising light boxes, LCD advertising TV screens, etc., but advertisements such as advertisements inside shopping malls or advertisements set up inside buildings that cannot be seen outdoors are not outdoor advertising. At present, the comprehensive law enforcement agency of urban management can only enforce the law on outdoor advertising in accordance with the law, and cannot enforce the law on other advertisements.
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Law of the People's Republic of China on Demolition and Demolition of Advertisements", Regulations on the Administration of Registration of Outdoor Advertising, and Regulations on the Administration of Advertising.
The procedures required for outdoor** advertising are as follows:
1. In accordance with these provisions, apply to the administrative authority for industry and commerce for outdoor advertising registration and receive the "Outdoor Advertising Registration Certificate";
2. Outdoor advertising publishers shall submit the following application materials to apply for outdoor advertising publication registration:
1) Application Form for Registration of Outdoor Advertising;
2) The business license of the outdoor advertising publisher and the advertiser or the business qualification certificate with the same legal effect;
3) Proof of the right to use the venue or facility where the outdoor advertisement is published, including the property right certificate of the venue or facility, the use agreement, etc.;
4) Outdoor advertising samples;
5) Other documents required to be submitted by laws, regulations and the State Administration for Industry and Commerce.
Outdoor Advertising Approval Process:
1. After selecting the advertising position, first ask the advertising company to make an outdoor advertising color renderings 2 and 1 outdoor advertising position photo, and hold a copy of the original business license, ID card, outdoor advertising location property right certificate or lease agreement to the urban management department to fill in the outdoor advertising setting application form, and the urban management department will send someone to pass the on-site inspection and issue the outdoor advertising setting certificate (in some places is an approval document).
2. Then hold 1 outdoor advertising color renderings, a copy of the original business license, and ID card to the industrial and commercial department to fill in the application form for outdoor advertising, and the relevant supporting documents should be provided for the advertising involving commodity manufacturers, evaluation results, licenses, etc., after the industrial and commercial department has passed the inspection, the outdoor advertising approval document will be issued, and the industrial and commercial department will not charge any fees.
The publication of the following advertisements shall apply to the administrative organ for industry and commerce for registration of outdoor advertising in accordance with these provisions and receive the "Outdoor Advertising Registration Certificate":
1) Advertisements published using outdoor venues, spaces, and facilities, and with display boards, electronic display devices, light boxes, and neon signs as carriers;
2) Advertisements that are drawn, posted, or hung on the surface of vehicles, floating objects, lift-off equipment, inflatables, or models;
3) Advertisements set up inside and outside underground railway facilities, urban rail transit facilities, underground passages, and stations, docks, and airport terminals;
4) Other forms of outdoor advertising that shall be registered as stipulated by laws, regulations and the State Administration for Industry and Commerce.
Legal basis
Provisions on the Administration of Outdoor Advertising Registration".
Article 8: Applications for registration of outdoor advertisements shall be submitted by the outdoor advertising publishing unit to the administrative organ for industry and commerce at the place where the outdoor advertising is published after inspecting the supporting documents in accordance with law, verifying the content of the advertisement, and confirming that it meets the requirements for application and registration provided for in Article 6.
Regulations on the Administration of Advertising
Article 13 of the setting up and posting of outdoor advertisements shall be formulated by the local people's administrative departments for industry and commerce, urban construction, environmental protection, public security and other relevant departments, and the administrative organs for industry and commerce shall be responsible for supervising the implementation.
Advertisements shall not be set up or posted in the building control zone around the organs and cultural relics protection units, as well as in the areas where the local people are prohibited from setting up or posting advertisements.
Don't think about your little funds, just go to the city management and invite their leaders to dinner a few times. The right to publish outdoor advertising mainly has to deal with the chengguan, and you can only get the place if you have a good relationship with them.
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