Zhou Xianwang, Mayor
September 20, 2020
Decision of the Wuhan Municipal People’s Government on Amending the Administrative Measures of Wuhan City for Outdoor Advertising
The Wuhan Municipal People’s Government has decided to amend the Administrative Measures of Wuhan City for Outdoor Advertising as follows:
I. A paragraph is added to Article 3 as Paragraph 2: “The administration for market regulation is responsible for the supervision and administration of the content of outdoor advertisements to ensure that the content is authentic, healthy, and lawful.”
II. Article 4 is amended as: “The setting of outdoor advertisements shall follow the principles of unified planning, reasonable layout, safety and standardization, civilization and beauty, energy conservation and environmental protection.”
III. Item 1 of Article 5 is amended as: “on electricity, communication, postal, and other facilities”; Item 2 is amended as: “on bridges, top of buildings (including podiums), columns of arcades, enclosure walls (fences), and rail fences”; and Item 5 is amended as: “on non-commercial buildings and outstanding historical buildings.”
An item is added as Item 6: “spaces between adjacent buildings along streets.”
IV. Item 1 of Article 6 is amended as: “across city roads or highways.”
An item is added as Item: “using traffic safety facilities or traffic signs.”
Item 2 is amended as Item 3: “affecting the use of municipal public utilities, traffic safety facilities, traffic signs, firefighting facilities, or fire safety signs.”
V. Paragraph 2 of Article 7 is amended as: “Column-type outdoor advertisements shall not be set within the Fourth Ring Road (excluding the airport expressway) area or within the construction control area of the Fourth Ring Road of Wuhan City.”
VI. Article 10 is amended as: “The detailed plan for the setting of outdoor advertisements shall be prepared by the department of city management at the district level in accordance with Wuhan City’s guidelines for the setting of outdoor advertisements, and shall be published and implemented by the entity that prepared it upon approval by the municipal department of city management. In the plan an appropriate number of spaces for outdoor public welfare advertisements shall be reserved with a reasonable layout.”
VII. Paragraph 2 of Article 11 is amended as: “The guidelines for the setting of outdoor advertisements and the detailed plan for the setting of outdoor advertisements shall not be changed without authorization, and any necessary change shall be handled according to the preparation procedures.”
VIII. Article 13 is amended as: “The use of fixed carriers to set outdoor advertisements shall be subject to the examination and approval by the administrative departments of examination and approval of the district where the advertisements are to be set; the use of mobile carriers such as means of transport to set outdoor advertisements shall be subject to examination and approval by the administrative department of examination and approval of the district where the owner of the advertisements is located.”
“Where the setting of outdoor advertisements also needs to go through other examination and approval procedures such as the permit for road-related construction activities, it shall be handled in accordance with the provisions of relevant laws and regulations.”
“The administrative department of examination and approval shall publish the examination and approval results on its portal website on the date of examination and approval and inform the department of city management at the district level.”
IX. Item 3, Paragraph 1 of Article 14 is amended as: “When applying for the setting of new outdoor advertisements, the setup plan and safety construction scheme shall be submitted, and the safety inspection report shall be submitted in other cases.”
Paragraph 3 is amended as: “The setup plan of outdoor advertisements shall include the schematic diagram of the geographical location of the outdoor advertisements, background image, daytime and nighttime effect pictures, and construction drawings designed by a qualified entity with design qualifications.”
X. “Within 15 working days as of the receipt of the application materials” in Item 2, Paragraph 1 of Article 15 is amended to “within a prescribed time limit.”
XI. Article 17 is amended as: “The area of wall set up for advertising on a new commercial building shall not exceed 30% of the wall area, and a detailed setup plan shall be prepared in advance.”
XII. Article 18 is amended as: “The period for licensed outdoor advertising may:
“1. Temporary outdoor advertisements shall not exceed three months;
“2. Electronic boards (screens) shall not exceed six years for; and
“3. Other outdoor advertisements shall not exceed two years.”
XIII. Paragraph 2 of Article 22 is amended as: “If outdoor advertisements are removed early, the construction entity shall compensate the setter in accordance with the law.”
XIV. Item 2 of Article 24 is amended as: “Ensure the adjustability of the brightness and the normal operation of the lighting facilities and turn on the lighting facilities in accordance with the relevant provisions of Wuhan City.”
Item 4 is amended as: “Once every two years a safety inspection shall be conducted for outdoor advertisements by an entrusted quality inspection institution with legal qualifications, and an inspection report shall be submitted to the department of city management at the district level; in case of failure in the safety inspection, the setter shall make timely corrections to meet the safety requirements.”
An item is added as Item 5: “Outdoor advertisements shall be removed before the expiration of the designed service life.”
XV. Item 1, Paragraph 1 of Article 29 is amended as: “If an outdoor advertisement is set without approval or the setting of an outdoor advertisement fails to comply with the requirements of the approval or within the time limit, the setter shall be ordered to make corrections or remove the advertisement within a prescribed time limit, and a fine of CNY2,000 yuan per square meter of the outdoor advertisement may be imposed, but the maximum amount of the fine shall not exceed CNY 100,000.”
Item 2 of Paragraph 1 is amended as: “Anyone who fails to complete the setting of outdoor advertisements within the prescribed time limit or fails to set outdoor advertisements in accordance with the guidelines of Wuhan City for the setting of outdoor advertisements shall be ordered to make corrections or remove the advertisements within a prescribed time limit. If a violator fails to make corrections within the prescribed time limit, a fine of no less than CNY 2,000 but no more than CNY 10,000 shall be imposed.”
XVI. Article 30 is amended as: “If a setter who shall remove an outdoor advertisement in accordance with the provisions hereof fails to do so within a prescribed time limit, the department of city management shall apply to the people’s court for compulsory execution in accordance with the law.”
XVII. Article 8 of Paragraph 2 of Article 15, Article 28, and Article 31 are deleted.
In addition, due to institutional reform and other reasons, names of the entities involved are changed, and the order of articles and certain words are adjusted and modified accordingly.
The Decision shall come into effect as of November 1, 2020.
The Administrative Measures of Wuhan City for Outdoor Advertising shall be re-promulgated after corresponding amendments are made in accordance with the Decision.
Sent to: People’s governments at the district level and departments of the Wuhan Municipal People’s Government.
Hubei Provincial Department of Justice.
Wuhan Municipal Commission for Discipline Inspection, Wuhan Municipal Commission for Supervision, General Office of the Wuhan Municipal Party Committee, Wuhan Municipal Garrison Command, people’s organizations, and democratic parties.
General Office of the Standing Committee of the Wuhan Municipal People’s Congress, General Office of the CPPCC Wuhan Committee, Wuhan Municipal Court, and Wuhan Municipal Procuratorate.
News agencies and enterprises and public institutions affiliated to ministries in Wuhan City.
General Office of the Wuhan Municipal People’s Government
Issued on September 22, 2020