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Procedures of Shanghai Municipality on Administration of Sports Contests
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| (Promulgated by Decree No. 66 of the Shanghai Municipal People' s Government on March 25,1999) Chapter I General Provisions Article 1 Objective and Basis With a view to strengthening the administration of city-wide sports contests and promoting sports, these Procedures are made under the Physical Culture Law of the People' s Republic of China and other related laws and regulations, and in line with the actual circumstances of this Municipality. Article 2 Application Scope These Procedures apply to the organization and administration of sports contest in the administrative areas of this Municipality. The sports contests under the preceding section refer to the contests of sports events in the forms of selling tickets, collecting entry fees, accepting sponsorship or securing proceeds from advertisements, and with the sponsors assuming responsibility for their own profits and losses. The Shanghai Municipal Physical cultural and Sports Commission (hereinafter called the MPCSC) shall publish the scope of sports events according to the sports events set by the State physical cultural administrative department and in line with the practicalities currently existing in this Municipality. Article 3 Competent Departments and Assistant Departments The MPCSC is the administrative department in charge of this Municipality' s sports contests. The district and county physical cultural administrative departments take charge of the management of sports contests within their respective jurisdictions. All the administrative departments of industry and commerce, public security, taxation and auditing shall join efforts with physical cultural administrative departments in implementing these Procedures according to their respective functions. Article 4 Organizational Guideline Sports contests must be organized in the interests of the people' s physical and mental health, of the furtherance of physical culture and of the building up of the ethical and cultural progress under socialism. Chapter II Registration of Contest(s) Article 5 Registration Organizing sports contests, the sponsor of sports contests (hereinafter referred to as the sponsor) must register with the physical cultural administrative department . Article 6 Requirements for Sponsors The sponsors must meet the following requirements: 1. Being able to bear sole civil responsibility; 2. Having organizing institutions and managerial personnel matched to the contest scale; 3. Having specific contest regulations, rules and organization and implementation plans; 4. Having funds matched to the contest scale; and 5. Having places, facilities and apparatus necessary for contests. The MPCSC shall publish the specific contents of the preceding Section. Article 7 Registration Procedure The sponsors shall complete formalities for registration application according to the following provisions: 1. Organizing a sports contest in the local district or county, the sponsor must apply for registration 30 days before the start of contest to the district or county physical cultural administrative department where the sponsor resides, whereupon and the district or county physical cultural administrative department must make a decision on approval or disapproval of registration within 15 days from the date of receiving the registration application. 2. Organizing a cross-district/county or a citywide sports contest, the sponsor must apply 60 days before the start of contest for registration to the MPCSC, which must make a decision on approval or disapproval of the registration within 15 days from the date of receiving the application for registration. 3. Organizing a city, province, or nation-wide sports contest, the sponsor must apply 90 days before the start of contest for registration to the MPCSC, which must make a decision on approval or disapproval of the registration within 30 days from the date of receiving the application for registration. 4. Organizing an international sports contest or a sports contest with team or individual contestants form Hong Kong Special Administrative Region, Macao and Taiwan regions, the sponsor must apply 6 months before the start of contest for registration to the MPCSC, which must make a decision on approval or disapproval of the registration within 30 days from the date of receiving the application for registration. Where laws, statutes and regulations provide for the organization of specific sports contests to be approved by the State physical cultural administrative department, the sponsor must apply for such approval accordingly. Article 8 Documentation for Registration Application Applying for registration of sports contests, the sponsor must submit the following: 1. Application forms; 2. Credentials relevant to the sponsor' s approved establishment and registration; 3. Regulations, rules, organization and implementation plans and feasibility analysis of the contests; 4. Certificates defining financial resources of the contest; 5. Letters of intent on using the premises for the contest; 6. Materials about names, types and sources of apparatus and facilities for contests; 7. Basic information on contestants, coaches and referees, and credentials issued by sports event associations for approval of appointing referees; 8. Budget statement of contest funds including such matters as revenue and expenditure budget of contest funds, profit distribution and share of responsibility for losses; 9. Name of the agency auditing the revenue and expenditure funds. Apart from the preceding Section, the sponsor must, in organizing boxing, marathon, rock scaling, parachuting, gliding, hot-air ballooning, car-racing, motor-cycling and other sports contests with acute antagonism, extreme intensity or greater danger, also submit medical emergency treatment plans. The sponsor, authorizing a duly qualified physical cultural institution to organize a sports contest, must submit the contract and credentials of the commissioned physical cultural institution' s approved establishment and registration in addition to the documents prescribed in the Section 1 of this Article. Article 9 Grant of Registration Certificates The MPCSC or district or county physical cultural administrative department must allow the sponsor who meets the requirements set by these Procedures to go through the registration of sports contest and grant the sponsor a registration certificate of sports contest. The MPCSC or district or county physical cultural administrative department must not allow the sponsor who fails to meet the requirements hereunder to go through the registration of sports contest and must notify in writing the sponsor. The registration certificate of sports contest is valid for 1 year. Article 10 Guarantee and Deposit Applying to the physical cultural administrative department for registration of a sports contest, the sponsor must supply a guarantee; failing which, the sponsor must give a deposit to the physical cultural administrative department. The deposit is payable in cash or by a draft or a cashier' s check. The specific standard of deposit shall be prescribed separately by the MPCSC according to the scale of sports contest and the degree of danger of contest events. After the conclusion of a sports contest, the physical cultural administrative department must refund the deposit within 10 days from the date of receiving the contest summary and results submitted by the sponsor and the auditing report on balance of contest funds made by the agency with auditing qualification. The physical cultural administrative department must not refund the deposit to the sponsor involved in any of the following: 1. Unauthorized alteration of time or venue of sports contest which causes financial losses to contestants or consumers; 2. Arbitrary alteration of the contents of a sports contest or cancellation of a sports contest without alteration or cancellation registration; or 3. Improper organization and management which causes heavy casualties of contestants or consumers. The non-refundable deposit is to be exclusively used for damage compensation to contestants and consumers or as payment for fines. Article 11 Other Formalities Where laws, statutes and regulations provide that the examination and approval formalities of public security, industry and commerce, public health, taxation and others must be completed for conducting sports contests, the sponsor must comply therewith as required. Article 12 Registration of Alteration and Cancellation The sponsor who needs to alter the sponsorship or the name and contents of a contest after the sports contest is approved for registration, must file the alteration registration with the original contest registering department. The sponsor must not transfer the sponsoring right of sports contest that has been registered. The sponsor, who needs to cancel the contest approved for registration, must go through the cancellation registration with the original contest registry after legally clearing up related credits and debts, and must publish an announcement thereof. Chapter III Contest Management Article 13 Contracts of Sponsorship and Ad Operations Involved in sponsored sports contests or with proceeds from ad operations, the parties concerned must conclude contracts. Article 14 Contest-centered Advertising Publicity, Ticket Sales and Entry Fee Collection Only after the approval of its registration, a sports contest can be allowed to start advertising, selling tickets, accepting sponsorship and collecting entry fees. Article 15 Implementation of Contest Regulations, Rules and Plans The sponsor must organize the sports contest and examine the qualification of entrants according to the registered regulations, rules and implementation plans of the sports contests. Article 16 Contest Order and Security Precaution The sponsor, contestants, coaches and referees must observe physical cultural ethics and ensure fair contest. No fraud or malpractice is allowed. It is forbidden to make use of sports contests for gambling activities. The sponsor must take safety and security measures to maintain normal order of sports contests. Article 17 Change of Contest Time and Venue After the time and venue of a sports contest being made public, the sponsor must not make any change thereof at random. If a change is badly needed for special reasons, the sponsor must report to the original contest registry for approval, whereon an announcement in advance. Article 18 Provision of Name Precedence to Contests and Contestants Having the name of Shanghai municipal administrative area precede the names of sports contests or contestants must be reported to the MPCSC for approval. Having the names of district or county administrative areas precede the names of sports contests or contestants must be reported to the district or county physical cultural administrative department for approval. Article 19 Management of Advertisements The contents of advertisements for sports contests must be truthful and healthy. It is forbidden to mislead or deceive contestants and consumers. When commissioning the design, production and release of advertisements for sports contests, the sponsor must commission the advertisers and releasers of advertisements with legal operational qualification. Article 20 Personal Insurance When conducting boxing, marathon, rock scaling, parachuting, gliding, hot-air ballooning, car-racing, motor-cycling and other sports contests with acute antagonism, extreme intensity or greater danger, the sponsor must take out personal insurance for contestants. Article 21 Notarization of Lottery Draw and Tax Payment According to Law Lottery draws held in sports contests must be notarized. Taxes on proceeds from sports contests must be paid according to law. Article 22 Donation Management When conducting donative sports contests, the sponsor must report the revenue and expenditure budget of contest funds to the MPCSC for approval. All of the revenue from donative sports contests, excluding the payment of necessary cost expenditure according to the approved revenue and expenditure budget of contest funds, must be handed over to the donee. Any other unit or individual must not draw any remuneration from the revenue. Conducting social-welfare donative sports contests must be approved by the civil affairs department. Article 23 Report on Contests The sponsor must submit a overall contest summary, report a record of results and an auditing report on the revenue and expenditure of contest funds made by an agency with auditing qualification to the physical cultural administrative department within 30 days from the closing date of sports contest. Article 24 Commission for Sports Contests The sponsor may conduct sports contests either in person or by proxy through a duly qualified physical cultural institution. In the proxy situation above mentioned, the parties concerned must conclude a contract to define each other' s rights and obligations. Article 25 Inspection The sponsor must observe all kinds of legal norms enacted by the State or this Municipality, subject to inspection by physical cultural administrative departments. Making an inspection, the law enforcers of the said departments must produce administrative law enforcement certificates . Chapter IV Legal Liability Article 26 Penalties Enforced by Physical Cultural Administrative Departments The MPCSC or district or county physical cultural administrative department shall punish the units or individual persons who are in violation of relevant provisions of these Procedures as follows: 1. Those who fail to apply for registration accordingly and organize sports contests without authority shall be ordered to stop illegal activities and be fined between 2,000 yuan and 10,000 yuan, or, in serious cases, between RMB 10,000 yuan and 30,000 yuan. 2. Those who fail legally to cancel a registration, or alter the name, contents or the sponsor of a sports contest or cancel a sports contest without authority shall be ordered to comply within a time limit and be fined between RMB 2,000 yuan and 10,000 yuan, or, in serious cases, shall carry fines of between RMB 10,000 yuan and 30,000 yuan. 3. Those who fail to organize sports contests according to the registered regulations, rules and implementation schemes of sports contests shall be ordered to comply within a time limit and may be fined between RMB 500 yuan and 2,000 yuan, or, in serious cases, between RMB 5,000 yuan and 10,000 yuan. 4. Those who alter without authorization the time or venue of sports contest already made public shall be given warnings and may be fined between RMB 500 yuan and 2,000 yuan, or, in serious cases, between RMB 5,000 yuan and 30,000 yuan. 5. Sponsors or participants of sports contests preceded by the name of the municipality or the district or county administrative area without approval or those contestants whose names are preceded by the above-mentioned name without approval shall be ordered to make correction within a time limit and may be fined between RMB 500 yuan and 10,000 yuan. 6. Those who divert the proceeds in donation from sports contests to any other purposes shall be ordered to make correction within a time limit and be fined between RMB 2,000 yuan and 10,000 yuan, or, in serious cases, between RMB 10,000 yuan and 30,000 yuan. 7. Those who fail to submit a contest summary, contest results and an auditing report on the revenue and expenditure of contest funds made by an agency with auditing qualification to the physical cultural administrative department according to provisions shall be given warnings and may be fined between RMB 500 yuan and 10,000 yuan. 8. Those whose improper organization-management causes heavy casualties to contestants and consumers shall be fined between RMB 10,000 yuan and 30,000 yuan. Article 27 Penalties Enforced by Other Administrative Departments The administrative departments of industry and commerce, public security and public health shall punish the violations of relevant provisions hereunder as authorized and prescribed. Article 28 Punishment Procedure When administering administrative punishments, the physical cultural administrative departments shall make decisions on administrative punishments. A receipt for the collected forfeit printed exclusively by the municipal finance department shall be issued for the collected fines. Fines shall be turned over to the State Treasury according to provisions. Article 29 Civil Liability If more than two persons jointly sponsor sports contests, the sponsors shall bear joint and several responsibility. Commissioning physical cultural institutions to conduct sports contests, the sponsors shall, together with the commissioned physical cultural institutions, legally bear civil responsibilities as commissioned. Article 30 Administrative Review and Lawsuit The party taking exception to the specific administrative act of a physical cultural administrative department may apply for an administrative review or file an administrative litigation according to the provisions of the Regulations on Administrative Review and the Administrative Litigation Law of the People' s Republic of China. If the party concerned neither applies for review, nor files a lawsuit, nor complies with the specific administrative act within a legal time limit, the department that performs the specific administrative act may apply to the people' s court for enforcement according to the Administrative Litigation Law of the People' s Republic of China. Article 31 Investigation of Law Enforcers' Illegal Acts The managerial personnel of physical cultural administrative departments must abide by law and discipline, and enforce the law impartially. Those found guilty of dereliction, power abuse, malpractice, bribe-extorting and/or taking, and distortion of the law must be sanctioned administratively by the unit they work for or its competent superior department. If the irregularities constitute a crime, the offender shall be investigated for their criminal liability accordingly. Chapter V Supplementary Provisions Article 32 Inapplicability These Procedures do not apply to the sports contests organized by government agencies, enterprises, institutions, or social organizations The administration of sports contests organized by the State administrative agencies is to be prescribed separately. Article 33 Department for Interpretation of Application The MPCSC may interpret these Procedures for their specific applications. Article 34 Date of Implementation These Procedures shall become effective on July 1, 1999. |
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