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| Notice of the State Administration for Industry and Commerce on Effectively Implementing the Interim Measures for the Administration of Internet Advertising | | 工商总局关于做好《互联网广告管理暂行办法》贯彻实施工作的通知 |
| (No. 148 [2016] of the State Administration for Industry and Commerce) | | （工商广字〔2016〕148号） |
| The administrative departments for industry and commerce and market supervision administrations of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state-planning, and cities at the sub-provincial level: | | 各省、自治区、直辖市及计划单列市、副省级市工商行政管理局、市场监督管理部门： |
| The Interim Measures for the Administration of Internet Advertising (Order No. 87 of the State Administration for Industry and Commerce, hereinafter referred to as the “Interim Measures”) has been officially announced on July 4, 2016, and shall come into force on September 1. For the purposes of regulating Internet advertising activities according to the law, protecting the lawful rights and interests of consumers, and protecting the market economy order with fair competition, you are hereby notified of relevant work of implementing the Interim Measures as follows: | | 《互联网广告管理暂行办法》（国家工商行政管理总局令第87号，以下简称《暂行办法》）已于2016年7月4日正式公布，将于9月1日起施行。为了依法规范互联网广告活动，保护消费者合法权益，促进互联网广告业的健康发展，维护公平竞争的市场经济秩序，现就贯彻落实《暂行办法》有关工作通知如下： |
| I. Attaching great importance, and fully understanding the significance of implementing the Interim Measures | | 一、高度重视，充分认识贯彻实施《暂行办法》的重要意义 |
| The Interim Measures start from the reality of the internet and the internet advertising industry, highlight the features of internet advertising, adhere to problem orientation, highlight maneuverability, are based on accurately understanding the “sameness and differences” between internet advertising and traditional advertising, focus on resolving the urgent problems to be resolved in basic-level supervision and law enforcement, have further specified and detailed all provisions of the Advertising Law, and have prescribed the obligations and responsibilities of all participants in internet advertising, showing strong pertinence and maneuverability. The issuance and implementation of the Interim Measures is of great significance for the administrative departments for industry and commerce and market regulation departments to fulfill the responsibilities endowed by the Advertising Law, strengthen supervision and law enforcement of internet advertising, and effectively protect the lawful rights and interests of consumers. The administrative departments for industry and commerce and market regulation departments at all levels shall, in combination with the implementation of “studying the Constitution and speeches of leaders of the CPC and being a qualified member of the CPC” and from the height of diligently implementing the decisions and deployment of the CPC Central Committee and the State Council, simplifying administrative procedures and delegating powers to lower levels, combining delegation with administration, optimizing services, and accelerating the establishment of an interim and ex post supervision system, fully understand the significance of the implementation of the Interim Measures, effectively enhance the political awareness, the overall sense, the core consciousness, and the awareness of alignment of law enforcement officers, continuously improve their legal competence, urge them to solve problems with legal thinking and by legal means, improve their capacity of administration according to the law, and strive to promote the continuous improvement of the internet advertising market order. | | 《暂行办法》从互联网和互联网广告行业的实际情况出发，突出互联网广告特点，坚持问题导向，突出可操作性，立足于准确认识和把握互联网广告与传统广告的“同与不同”，着重解决基层监管执法中迫切需要解决的问题，对《广告法》的各项规定作了进一步的明确和细化，规定了互联网广告各活动主体的义务与责任，具有很强的针对性和可操作性。《暂行办法》的颁布施行，对于工商、市场监管部门履行《广告法》赋予的职责，加强互联网广告监管执法，切实保护消费者合法权益具有十分重要的意义。各级工商、市场监管部门要结合“两学一做”的开展，从认真贯彻落实党中央、国务院的决策部署，简政放权放管结合优化服务，加快构建事中事后监管体系的高度，充分认识《暂行办法》实施的重要意义，切实增强广大执法人员的政治意识、大局意识、核心意识和看齐意识，不断提高法律素养，用法治思维、法律手段解决问题，提高依法行政的能力，努力促进互联网广告市场秩序持续好转。 |
| II. Strengthening publicity and training, and creating a sound public opinions atmosphere and a good social environment | | 二、加强宣传培训，营造良好的舆论氛围和社会环境 |
| The administrative departments for industry and commerce and market regulation departments in all localities shall, in combination with the publicity for the one-year anniversary of the implementation of the Advertising Law, increase the efforts of publicity and training of the Interim Measures, to create a favorable public opinions atmosphere and a good social environment for the implementation of the Interim Measures. | | 各地工商、市场监管部门要结合《广告法》实施一周年的宣传，加大对《暂行办法》的宣传培训力度，为贯彻实施《暂行办法》营造良好的舆论氛围和社会环境。 |
1. Providing law enforcement officers with training and effectively enhancing their level of law enforcement. The administrative departments for industry and commerce and market regulation departments at all localities shall, in light of their local actualities, develop training plans in a scientific manner, and provide the supervision and law enforcement officers at all levels with intensive training in different batches and at different levels. They shall, in combination of the characteristics of the internet advertising industry and the internet knowledge, study the main contents of the Interim Measures in an in-depth manner, comprehensively understand all provisions of the Advertising Law and the Interim Measures, fulfill responsibilities according to the law, effectively improve the professional skills, the level of administration by law, the new media competence such as adaptability to new media and use of new media of the supervision and law enforcement officers in the whole system, and effectively improve their capacity to implement the Interim Measures.
．．．．．． | | （一）开展对执法人员的培训工作，切实提高执法水平。各地工商、市场监管部门要结合本地实际，科学制定培训计划，对各级监管执法人员开展分批、分层次的集中培训。要结合互联网广告行业的特点和互联网知识，深入学习《暂行办法》的主要内容，全面掌握《广告法》和《暂行办法》的各项规定，依法履职尽责，切实提高全系统监管执法人员的业务水平、依法行政水平和适应新媒体、善用新媒体的新媒体素养，有效提高《暂行办法》的执行力。
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