Shanghai Exhibition Industry Management Measures
Decree No. 47 of the Shanghai Municipal People's Government
Chapter I General Provisions
Article 1 Purpose and Basis
These Measures are formulated in accordance with relevant national laws and regulations and in light of the actual circumstances of Shanghai, in order to regulate exhibition business activities, improve the development environment of the exhibition industry, and enhance the city's comprehensive service functions.
Article 2 Definitions
Exhibitions in these Measures refer to commercial activities held by organizing entities, including organizers and contractors, through exhibitor recruitment in fixed venues and during scheduled periods, for information exchange and the promotion of technological and trade development through the display of goods, technologies or services.
Organizer in these Measures refers to the entity responsible for formulating the implementation plan and schedule of an exhibition, coordinating, organizing and arranging exhibitor recruitment and exhibition operation, and assuming the principal responsibility for those activities.
Article 3 Scope of Application
Non-profit display activities and fairs mainly focused on on-site sales are not governed by these Measures.
Article 4 Principles
The development and regulation of Shanghai's exhibition industry shall follow market rules, advocate orderly competition, encourage industry self-discipline, apply appropriate supervision, and protect the lawful rights and interests of all parties involved in exhibition activities according to law.
Article 5 Administrative Departments
The Shanghai Municipal Foreign Economic Relations and Trade Commission, hereinafter referred to as the Municipal Foreign Trade Commission, is responsible for overall planning and coordination of the regulation and development of the city's exhibition industry.
Administrative departments for economy, industry and commerce, science and technology, education, public security, tourism, intellectual property and other relevant fields shall perform exhibition-related management work according to their respective duties.
Article 6 Industry Organizations
Exhibition industry organizations shall play an active role in formulating industry service standards, establishing exhibition evaluation systems, organizing exhibition data statistics, publishing exhibition information, and guiding members to operate in a standardized manner.
All types of professional industry organizations shall play a self-disciplinary role in using professional information resources to organize and hold professional exhibitions.
Chapter II Exhibitor Recruitment and Exhibition Operation
Article 7 Identification of the Organizer
For international exhibition projects that must be reviewed by the Municipal Foreign Trade Commission, the Municipal Science and Technology Commission, the Municipal Education Commission or other relevant administrative departments, the entity applying for project review procedures is the organizer. For exhibitions that do not require project review procedures, the entity publishing exhibitor recruitment information is the organizer.
Article 8 Requirements for Holding International Exhibitions
No international exhibition may be held without review by the Municipal Foreign Trade Commission, the Municipal Science and Technology Commission, the Municipal Education Commission or other relevant administrative departments.
Article 9 Publication of Exhibitor Recruitment Information
Exhibitor recruitment information shall be published in the name of the organizer. Without authorization from the organizer, a contractor may not publish exhibitor recruitment information on its own.
Article 10 Truthfulness of Exhibitor Recruitment Information
Exhibitor recruitment information shall be objective and truthful. Information inconsistent with the exhibition content may not be published. Without the consent of another entity, that entity may not be listed as an organizer or other participant in exhibitor recruitment information.
For exhibitors participating in the same exhibition, exhibitor recruitment information published to them shall be consistent in exhibition name, theme, scope and other content.
Article 11 Disclosure of Venue Rental and Project Review Status
If approval documents for an international exhibition have not yet been obtained, this fact shall be clearly stated in exhibitor recruitment information in a prominent manner.
Article 12 Restrictions on Changes to Exhibition Matters
After exhibitor recruitment information has been published, the organizer generally may not change the exhibition name, theme, scope, time or other exhibition matters. If changes are truly necessary for legitimate reasons, exhibitors shall be informed immediately.
The organizer of an international exhibition shall organize and implement the exhibition according to the content approved in review. If changes are truly necessary for legitimate reasons, change procedures shall be completed with the corresponding review department.
Article 13 Public Security, Fire Safety, Traffic, City Appearance and Environmental Sanitation
The organizer shall apply to the public-security administration department for the Shanghai Public Place Security Permit, submit to inspection by the public-security fire administration department, and obtain the Fire Safety Inspection Opinion after inspection, in accordance with national and municipal regulations.
If a large exhibition may affect traffic or the environment in surrounding areas, the organizer shall report the time, place, scale and other relevant information of the exhibition in advance to public-security traffic, city-appearance and environmental-sanitation departments, and accept their guidance.
Article 14 Security Requirements for Professional Venues and Areas Displaying Valuable Items
Professional venues shall be equipped as needed with television monitoring, anti-theft alarms, emergency alarms and entrance-exit security inspection systems.
For exhibition areas displaying valuable items such as gold and silver jewelry, diamonds, watches, calligraphy and paintings, or cultural relics at Grade III or above under the cultural relic collection grading standards, in addition to the security requirements above, single-person access channels and protective booths and display cabinets meeting safety requirements shall be installed.
Article 15 Security Obligations of Exhibition-Related Entities
Venue entities shall formulate security-prevention work systems, establish security organizations and assign full-time security personnel.
Organizers shall formulate and implement security-prevention and emergency measures for exhibitions. Contractors and exhibitors shall cooperate in security-prevention work.
When criminal cases, public-security cases or public-security disaster incidents occur, venue entities, organizing entities, exhibitors and other parties shall take emergency measures and cooperate with public-security departments in handling the matter.
Article 16 Intellectual Property Protection During Exhibitions
Based on actual exhibition operation, an organizer may formulate on-site rules for handling intellectual property infringement complaints and set up an on-site reception body for such complaints.
Article 17 Restrictions on Government Organization and Exhibitor Recruitment
Except with approval from relevant national departments or the Shanghai Municipal People's Government, administrative departments at all levels may not organize or contract commercial exhibitions.
Administrative departments at all levels may not, against the will of enterprises, use or indirectly use administrative intervention to require enterprises to participate in exhibitions.
Chapter III Supervision and Coordination
Article 18 Supervision of Exhibition Market Order
Municipal and district or county administrations for industry and commerce are responsible for supervising the market order of the exhibition industry and for investigating and handling illegal acts that disrupt market order according to these Measures.
Article 19 Filing Obligation of Venue Entities
Within 30 days from the date of signing a venue rental agreement, a venue entity shall file the basic information on venue rental with the administration for industry and commerce of the district or county where the venue is located.
Article 20 Model Contract Texts
The Municipal Foreign Trade Commission or exhibition industry organizations may formulate model contract texts for exhibitions, clarify the rights and obligations of all parties to exhibition activities, and protect their lawful rights and interests.
The Shanghai Administration for Industry and Commerce may participate in formulating such model contract texts.
Article 21 Liability Guarantee Clauses in Venue Rental Agreements
Venue entities and organizers shall include liability guarantee clauses in venue rental agreements, stipulating compensation liability for infringement of exhibitors' lawful rights and interests.
Article 22 Annual Declaration of International Exhibitions
By May 30 each year, organizers shall submit applications and relevant materials for international exhibitions proposed for the following year to the Municipal Foreign Trade Commission, the Municipal Science and Technology Commission, the Municipal Education Commission and other relevant administrative departments according to regulations.
Article 23 Annual Review and Coordination of International Exhibitions
The Municipal Foreign Trade Commission, the Municipal Science and Technology Commission, the Municipal Education Commission and other relevant administrative departments shall perform their respective international exhibition review duties according to national provisions on review authority and procedures. Before making a review decision, the Municipal Foreign Trade Commission shall coordinate with the Municipal Science and Technology Commission, the Municipal Education Commission and other relevant administrative departments.
Within 15 days after completing review, the relevant administrative departments shall notify the applicant in writing of the review result and also inform the Shanghai Administration for Industry and Commerce in writing.
Article 24 Compilation and Publication of the Annual International Exhibition Directory
The Municipal Foreign Trade Commission, together with the Municipal Science and Technology Commission, the Municipal Education Commission and other relevant administrative departments, shall compile the Annual International Exhibition Directory for the following year based on international exhibition review results.
The Annual International Exhibition Directory shall be published without delay on the China Shanghai website at www.shanghai.gov.cn, and the Municipal Foreign Trade Commission shall entrust exhibition industry organizations, professional exhibition magazines or other news media to publish it.
Chapter IV Legal Liability
Article 25 Liability for Holding International Exhibitions Without Authorization
Where Article 8 of these Measures is violated by holding an international exhibition without review, the administration for industry and commerce shall order cessation and impose a fine of up to RMB 30,000.
Article 26 Liability for Unauthorized Publication of Exhibitor Recruitment Information
Where Article 9 is violated by failing to publish exhibitor recruitment information in the name of the organizer or by a contractor publishing such information without authorization, the administration for industry and commerce shall order correction within a time limit by public notice and may impose a fine of up to RMB 10,000.
Article 27 Liability for Publishing False Exhibitor Recruitment Information
Where Article 10 is violated by publishing false exhibitor recruitment information, the administration for industry and commerce shall order correction and may impose a fine of up to RMB 30,000.
Article 28 Liability for Failure to Prominently Disclose Venue Rental or Project Review Status
Where Article 11 is violated by failing to prominently state the venue rental status or exhibition project review status, the administration for industry and commerce shall order correction within a time limit and may impose a fine of up to RMB 20,000.
Article 29 Liability for Violating Public-Security and Related Requirements
Where the first paragraph of Article 13 is violated by holding an exhibition without public-security permission or fire-safety inspection, the public-security administration department or public-security fire administration department shall impose penalties according to relevant laws and regulations.
Where the second paragraph of Article 13 is violated by failing to report to public-security traffic, city-appearance and environmental-sanitation departments, the relevant administrative departments shall order reporting within a time limit and may impose a fine of up to RMB 30,000.
Article 30 Liability of Venue Entities
Where Article 19 is violated by a venue entity failing to file venue rental information, the administration for industry and commerce shall order filing within a time limit and may impose a fine of up to RMB 2,000.
Article 31 Civil and Criminal Liability
Where a party to exhibition activities infringes another person's civil rights and causes damage, it shall bear civil liability in accordance with the General Principles of the Civil Law of the People's Republic of China and other relevant laws and regulations.
Where a party to exhibition activities violates these Measures and the violation constitutes a crime, criminal liability shall be pursued according to law.
Article 32 Remedies Against Specific Administrative Acts
If a party to exhibition activities objects to a specific administrative act made by a relevant administrative department, it may apply for administrative reconsideration or bring an administrative lawsuit in accordance with the Administrative Reconsideration Law of the People's Republic of China or the Administrative Litigation Law of the People's Republic of China.
Chapter V Supplementary Provisions
Article 33 Effective Date
These Measures take effect on May 1, 2005.