广告管理条例施行细则 Order of the State Administration for Industry and Commerce of Peoples Republic of China

to act as an agent of or issue an advertisement if the certificate is found to be illegal or incomplete or if the content of the advertisement is found to be false.

　　An advertising operator shall establish a system of keeping records for and reexamining the advertising businesses undertaken and service filing for advertisements. An advertising service file shall be kept for no less than one year.

　　Article 17 Where an advertiser violates the provisions of Article 3 or item （5） of Article 8 of the Regulation by using an advertisement to mislead or cheat users or consumers， the advertiser shall be ordered to publish a corrected advertisement within a corresponding area. In light of the seriousness of the case in question， a notice of criticism may be circulated and the advertiser may be imposed a fine of no more than three times the illegal gains but no more than 30，000 Yuan at the maximum， or a fine of no more than 10，000 Yuan if there are no illegal gains and shall be liable to pay compensation if the advertiser have caused any damage to users or consumers.

　　Where an advertising operator assists a advertiser to practice fraud， in light of the seriousness of the case in question， a notice of criticism may be circulated， the illegal gains， if any， may be confiscated and the advertising operator may be imposed on a fine of no more than three times the illegal earnings but no more than 30，000 Yuan at the maximum， or a fine of no more than 10，000 Yuan if there is no illegal gains. When the case is serious， the advertising operator may be ordered to suspend business operations for rectification and its business license or Advertising Operation Permit may be revoked. Joint and several liabilities shall be borne by the operator if damage results to users or consumers.

　　The costs of issuing an amended advertisement shall be borne jointly by the advertiser and the advertising operator.

　　Article 18 Where the provisions of Article 4 or item （6） of Article 8 of the Regulation are violated， a notice of criticism may be circulated， the illegal gains， if any， may be confiscated， and a fine of no more than 5， 000 Yu

an may be imposed on the violator or an order may be given to suspend business operations for rectification in light of the seriousness of the case in question.

　　Article 19 Where an advertising operator violates the provisions of Article 6 of the Regulation by engaging in advertising business without a necessary license， it shall be punished in accordance with the relevant provisions of the Measures for Investigating into， Punishing and Banning Permitless Business Operations. Where an advertising operator violates the provisions by exceeding its approved business scope， it shall be punished according to relevant provisions of the laws and regulations on the administration of enterprise registration.

　　Article 20 Where an advertiser violates the provisions of Article 7 of the Regulation， in light of the seriousness of the case in question， a notice of criticism may be circulated and a fine of no more than 5，000 Yuan may be imposed.

　　Article 21 Where any provision of items （1）， （2）， （3） or （4） of Article 8 of the Regulation is violated， a notice of criticism shall be circulated regarding the advertising operator involved， the illegal gains， if any， shall be confiscated and a fine of no more than 10，000 Yuan shall be imposed on. As for the advertiser involved， a notice of criticism may be circulated and a fine of no more than 10，000 Yuan may be imposed， in light of the seriousness of the case in question.

　　Article 22 Where a news organization violates the provisions of Article 9 of the Regulations a notice of criticism may be circulated， the illegal gains， if any， may be confiscated and a fine of no more than 10，000 Yuan may be imposed in light of the seriousness of the case in question.

　　Article 23 Where an advertising operator violates the provisions of Article 10 of the Regulation， a notice of criticism may be circulated， the illegal gains， if any， may be confiscated and a fine of no more than 10，000 Yuan may be imposed， in light of the seriousness of the case in question.

　　Article 24 Where an advertiser violates the provisions of Article 11 of the Regulation by forging， altering， fraudulently using or illegally copying an advertising certificate， a notice of criticism shall be circulated and a fine of no more than 5，000 Yuan shall be imposed on the advertiser.

　　Any advertising operator who violates the provisions of items （3） of Article 11 of the Regulation shall be fined up to 1，000 Yuan.

　　Where an advertising operator provides an advertiser with illegal or false certificates， a notice of criticism shall be circulated， a fine of no more than 5， 000 Yuan shall be imposed and the operator shall bear joint and several liabilities.

　　Article 25 Where an advertising operator violates the provisions of Article 12 of the Regulation， a notice of criticism may be circulated， the illegal gains， if any， may be confiscated and a fine of no more than 3，000 Yuan may be imposed， in light of the seriousness of the case in question. In the event of incurrence of a fraudulent advertisement， the operator shall be responsible for issuing an amended advertisement. Whoever brings damage or losses to users or consumers shall bear joint and several liabilities.

　　Article 26 If anyone violates the provisions of Article 13 of the Regulation by illegally displaying or posting advertisements， the illegal gains， if any， shall be confiscated， a fine of no more than 5，000 Yuan shall be imposed and a time limit shall be specified for the dismantling and removal of the offending advertisements. In the event of failure to dismantle and remove such an advertisement within the specified time limit， the dismantling and removal of the advertisement shall be enforced coercively， and the costs incurred thereby shall be borne by the party who displayed or posted the advertisement.

　　Article 27 Where the provisions of Articles 14 or 15 of the Regulation are violated， a not

ice of criticism may be circulated， an order may be issued to rectify the situation within a specified time limit， the illegal gains， if any， may be confiscated and a fine of no more than 5，000 Yuan may be imposed， in light of the seriousness of the case in question.

　　Article 28 The present Detailed Implementing Rules shall go into effect as of January 1， 200

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