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Decree of Shanghai Municipal People's Government No. 41

04-29-2021


Procedures of Shanghai Municipality on the Administration of the Installation of Outdoor Signboards were adopted at the 108th Routine Meeting of Shanghai Municipal People’s Government on December 14, 2020 and are hereby promulgated. They shall be effective as of March 1, 2021.

Mayor Gong Zheng

December 28, 2020

Procedures of Shanghai Municipality on the Administration of the Installation of Outdoor Signboards

(Promulgated by Decree No. 41 of Shanghai Municipal People's Government on

December 28, 2020)

Article 1 (Purpose and Basis)

With a view to strengthening the administration of the installation of outdoor signboards in this Municipality, maintaining a clean and orderly city appearance and environment, and safeguarding city public safety, these Procedures are formulated in accordance with the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation and other relevant laws and rules, and in the light of the actual circumstances of this Municipality.   

Article 2 (Scope of Application)

These Procedures shall apply to the installation of outdoor signboards and the supervision and administration activities within the administrative areas of this Municipality.

Article 3 (Definitions) The outdoor signboards as mentioned in these Procedures refer to the outdoor facilities installed in the external facades of the buildings (structures) of the self-owned or leased office, production and business operations venues as well as those installed within their land area for the purpose of indicating the names, shop marks, signs and other contents or the names of buildings.

The installation of signs and placards of state organs and people's organizations shall be administrated in accordance with the relevant provisions of the State and this Municipality.

Article 4 (Management Responsibilities)

The municipal landscaping and city appearance department shall be the competent department for the installation of outdoor signboards in this Municipality, and shall be responsible for the coordination, guidance, supervision and administration of the outdoor signboards installation; the district landscaping and city appearance departments shall be responsible for the coordination, guidance, supervision and administration of the outdoor signboards installation within its jurisdiction.

Sub-district offices and town/township people's governments shall, under the guidance of the district landscaping and city appearance departments, be responsible for the specific administration of the installation of outdoor signboards within their respective jurisdiction.

The departments of planning and resources, urban and rural housing construction, housing administration, cultural relics, commerce, market regulation, emergency, language and urban management and law enforcement shall, in accordance with their respective functions and duties, implement these Procedures in coordination.

Article 5 (Installation Requirements)

The installation of outdoor signboards shall conform to the requirements of relevant laws, rules, regulations, standards and technical specifications of the State and this Municipality, follow public order and good customs, carry forward the positive energy of the society, reflect urban humanistic characteristics, show individuality and creativity, and match with the regional environment and architectural style.

Article 6 (Technical Specification)

The municipal landscaping and city appearance department shall, in accordance with the requirements of the State and this Municipality on public safety and city appearance, work out the technical specifications for the installation of outdoor signboards.

The technical specifications shall specify the installation location, specifications, quantity, content specifications, as well as the requirements for design, production, construction and installation, maintenance and safety testing for outdoor signboards.

Article 7 (Installation Guidelines)

District landscaping and city appearance departments shall organize the preparation of guidelines for the installation of outdoor signboards within its jurisdiction, which shall guide and standardize the installation of outdoor signboards on key buildings (structures) such as cultural relics protection units and excellent historical buildings along the main roads and in the landscape and historical features areas.

Sub-district offices and town/township people's governments may, according to the actual conditions of their respective jurisdictions, work out guidelines for the installation of outdoor signboards beyond the scope prescribed in the preceding paragraph. District landscaping and city appearance departments shall give guidance.

The installation guidelines shall be compiled in accordance with the technical specifications and in combination with regional environment, architectural style and characteristics of the business format.

Article 8 (Soliciting Opinions and Publicity)

In the process of compiling the technical specifications and installation guidelines, the compiling authorities shall solicit opinions from relevant units, trade associations, experts as well as from the public. Upon completion of the compilation, it shall be made public.

Article 9 (Prohibited Situation)

Outdoor signboards shall not be installed under the following circumstances:

1.damaging city appearance or the image of the building (structure);

2. interfering with the production and business operation of other people or the normal life of residents, and affecting the otherslawful usage of the building (structure);

3. using illegal buildings and dangerous houses, and endangering the safety of buildings(structures) or other facilities;

4. using trees or destroying green land;

5. obstructing the use of barrier-free facilities; and

6. other circumstances provided for by laws, rules, regulations, standards and technical specifications.

Article 10 (Installation Permit)

Installation of outdoor signboards shall be approved by the district landscaping and city appearance department in accordance with the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation. District landscaping and city appearance departments may implement the examination and approval of the installation of outdoor signboards through notification and commitment, except under the following circumstances:

1.installation in areas with historical and cultural features or in neighborhoods under features protection, along landscape roads and river courses under features protection or in cultural relics units under protection or on excellent historical buildings;

2. installation of outdoor signboards with box-type integral structure, outdoor signs with large vertical exterior wall or independent outdoor signboards with a height of more than 2.5 meters;

3. installation on a position exceeding 3 floors of a building (structure) or 10 meters above the building (structure) under construction; and

4. other circumstances as ascertained by the Municipal People's Government that may affect public safety.

Installation of outdoor signboards in areas with historical cultural features or in neighborhoods under features protection, along landscape roads or river courses under features protection, in cultural relics units under protection or on excellent historical buildings shall also conform to the protection and administration requirements of the State and this Municipality for areas with historical features, cultural relics and excellent historical buildings.

District landscaping and city appearance departments, sub-district offices and town (township) people's governments shall, in various ways, provide the convenience for installers to be informed of the outdoor signboards installation permit, the requirements of technical specifications, the installation guidelines and the corresponding legal responsibilities.

Article 11 (Requirements for Planning Review)

Where the development unit has clearly determined the location of outdoor signboards in the design scheme of the construction project for a new, rebuilt or expanded public building and it falls under the circumstances prescribed in Item 1 to Item 4 of Paragraph 1 of Article 10 of these Procedures, the planning and resources department shall solicit opinions from the department of landscaping and city appearance when examining the design scheme of the construction project.

Article 12 (Quality and Safety Requirements)

Those engaged in the design,construction,installation and testing of outdoor signboards shall comply with the requirements of the relevant laws, rules, regulations, standards and technical specifications of the State and this Municipality, and shall be responsible for the quality and safety of the design, construction, installation and testing.

The municipal landscaping and city appearance department shall made public the directory of the units with the corresponding capabilities of the design, construction, installation and testing of outdoor signboards for the easy access of the installers for inquiry.

Article 13 (Liability of Installers)

Installers shall maintain the outdoor signboards and keep them clean, intact and good-looking; any graphic pattern, text, light that is incomplete to display or damaged, dirty, corroded or obsolete shall be repaired.

Installers shall strengthen the daily management of outdoor signboards, and repair or dismantle them in a timely manner if there are safety risks or loss of use value.During the period of severe weather such as typhoon and rainstorm, the installer shall strengthen the safety inspection of outdoor signboards, take corresponding safety precautions and eliminate hidden dangers.

Under the circumstances prescribed in Item 1 to Item 4 of Paragraph 1 of Article 10 of these Procedures, the installer shall, in accordance with the relevant provisions, entrust a professional testing unit to carry out regular safety tests on outdoor signboards, and submit safety testing reports to the local sub-district office or the town/township people's government.

Article 14 (Liability of Owners)

Where the owner of the building (structure) (hereinafter referred to as the owner) is inconsistent with the installer, the owner shall urge the installer to set up and manage outdoor signboards according to law.

If the installer installs the outdoor signboards in violation of the provisions or fails to fulfill the relevant responsibilities, the owner shall report to the district landscaping and city appearance department, the sub-district office or the town/township people's government in time.

Article 15 (Demolition under Special Cases)

The installer shall dismantle the outdoor signboards by himself if he removes or terminates his office, production and business operation.

Where the owner is inconsistent with the installer, who has not dismantled the outdoor signboards by himself, the owner shall remove them.  

Article 16 (Public Liability Insurance)

Installers and owners are encouraged to purchase public liability insurance and other related insurance to enhance their ability to resist risks and ensure safety.

Article 17 (Security Guarantee)

The landscaping and city appearance departments, sub-district offices and town/township people's governments shall strengthen the safety inspection of outdoor signboards, and entrust professional testing units to carry out safety random check of outdoor signboards through purchasing services; when necessary, they may organize the centralized safety inspection and rectification of outdoor signboards.

In case of severe weather, sub-district offices and town/township people's governments shall launch the relevant emergency preplan, urge the installer to take corresponding safety precautions and eliminate the hidden danger.

Article 18 (Self-discipline and Co-governance)

Installers are encouraged to set up a self-disciplined organization within a certain area to implement self-management on the installation of outdoor signs.

Sub-district offices and town/township people's governments may promote the self-discipline management of outdoor signboards according to the actual conditions of their respective jurisdictions.

Article 19 (Integrated Online Platform and Integrated Online Management)

The outdoor signboard management of this Municipality shall rely on the Integrated Online Platform within the government service range to provide the installers with efficient and convenient services for the procedures of installation outdoor signboards.

The municipal outdoor signboard management shall be included into the city operational system of Integrated Online Platform.

Article 20 (Credit Supervision)

Where the installer or the relevant unit violates the provisions of these Procedures, the relevant department shall, in accordance with the provisions of the State and this Municipality, integrate the related trust-breaking information into the municipal public credit information service platform, and take disciplinary procedures according to law.

Article 21 (Complaints and Report an Offense)

Any unit or individual that finds any violation of the provisions of these Procedures may complain or report an offense to landscaping and city appearance departments, urban management and law enforcement departments, sub-district offices, town/township people's governments or other relevant departments.Upon receipt of a complaint or an offense report, the department concerned shall handle it within a prescribed time limit according to their respective functions and duties, and feedback the results.

Article 22 (Punishment for Violation of Testing Requirements)  

Where the installer fails to carry out safety testing in violation of the provisions of Paragraph 3 of Article 13 of these Procedures, the urban management and law enforcement department or the town (township) people's government shall order it to make corrections within the prescribed time limit;those who failed to make corrections within the prescribed time limit shall be imposed a fine of not less than 1,000 yuan but not more than 5,000 yuan.

Article 23 (Penalties for Violations of Installation Requirements)

Where the installer, in violation of the provisions of Article 5, Article 9, Paragraph 1 of Article 10 and Paragraph 1 and 2 of Article 13, makes installation or fails to perform the relevant responsibilities, the installer shall be dealt with in accordance with the relevant provisions of the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation.

Article 24 (Penalty for Violation of Required Behavior Commitment)

Where the installer, in violation of the provision of Paragraph 1 of Article 10 of these Procedures, breaks the commitment, he/she shall be dealt with in accordance with the relevant provisions of this Municipality on the management of notification of commitment for administrative examination and approval.

Article 25 (Administrative Liability)  

Where the departments of landscaping and city appearance, urban management and law enforcement, sub-district offices, town/township people's governments and other relevant departments and their staff members commit any of the following acts, the directly responsible persons in charge and other directly responsible persons shall be punished according to law:

1.illegally imposing administrative license or administrative penalty;

2. failing to perform the duties of safety sampling inspection according to the provisions of these Procedures;

3. failing to investigate and deal with the illegal acts discovered, complained or reported according to law; and

4. abusing of power, neglecting of duty, playing favoritism and committing irregularities and other acts.

Article 26 (Application of Provisions on Outdoor Advertisements)

Advertisements by using outdoor signboards shall be implemented in accordance with the relevant provisions on outdoor advertising.

Article 27 (Effective Date)

These Procedures shall be effective as of March 1, 2021.