Decree of Shanghai Municipal Peoples Government

No. 30

Procedures of Shanghai Municipality on the Administration of Sports Events were adopted at the 78^th Routine Meeting of the Municipal People’s Government on January 20, 2020, and are hereby promulgated. They shall be effective as of June 1, 2020.

Mayor：Ying Yong

February 7, 2020

Procedures of Shanghai Municipality on the Administration

of Sports Events

(Promulgated by Decree No. 30 of Shanghai Municipal Peoples Government

on February 7, 2020)

Chapter I  General Provisions

Article 1 (Purpose and Basis)

With a view to promoting the orderly development of sports events in this Municipality, speeding up the construction of an international sports events metropolis, improving the development level of sports industry, and comprehensively promoting the healthy development of sports undertakings, these Procedures are formulated in accordance with the Sports Law of the Peoples Republic of China and the Regulations on National Fitness and other 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 supervision and administration of all kinds of social sports events held within the administrative areas of this Municipality. Whereas there are other provisions on international or national sports events prescribed by the State, those provisions shall prevail.

Article 3 (Holding Sports Events)

This Municipality encourages all kinds of organizations and individuals to hold sports events in accordance with the law, and encourages all kinds of organizations and individuals to support the holding of sports events in the form of investment and donation.

Article 4 (Government Duties)

The municipal and district peoples governments shall create conditions for the holding of sports events, support the introduction of major sports events, strengthen the organization, leadership and service guarantee over them, and promote their development.

Article 5 (Departmental Responsibilities)

The municipal and district sports departments shall be responsible for the supervision and administration of sports events within their respective administrative areas, and shall organize and coordinate the service guarantee work for sports events.

The public security department shall be responsible for guiding and supervising the safety management of sports events.

The emergency management department shall be responsible for guiding and supervising the fire safety and other emergency response work of sports events.

The transport department shall be responsible for organizing and coordinating public transport for sports events.

The health department shall be responsible for organizing and coordinating the medical and health care work for sports events.

The departments of cultural tourism, housing and urban-rural construction, economic informatization, market supervision, urban management and law enforcement shall, in accordance with their respective duties and responsibilities, work together to supervise and administer sports events and provide services guarantee. .

Article 6 (Administration Principles)

The administration of sports events in this Municipality follows the principles of facilitating development, standardized and orderly approach, service guarantee and social participation.

Article 7 (Responsibilities of Public Sports Organizations)

Public sports organizations such as sports federation, association of an individual sport at all levels (hereinafter referred to as PSO ) shall, in accordance with the provisions of the Charter, strengthen industry self-discipline, improve industry disciplinary rules, carry out professional trainings for organizations, individuals and relevant members that organize sports events, and provide guidance and services for the sports events.

Chapter II  Facilitating Development

Article 8 (Planning and Layout)

The municipal sports department shall, in accordance with the requirements for the general plan of this Municipality as well as the requirements for the reform and development of sports, make overall plans for all kinds of sports events in this Municipality, introduce international and national sports events, cultivate self- brand events, promote mass sports events and meet the diversified needs of the public.

Article 9 (International and National Sports Events)

The municipal and district sports departments shall guide the international or national sports events that are appropriate to the level of economic and social development of this Municipality, and improve the quality of those sports events.

Article 10 (Self-brand Sports Events)

The municipal and district sports departments shall actively encourage and develop self-brand events featured with domestic and foreign influence, high market activation and significant spillover effects, cultivate sports event brands and give full scope to urban culture.

Article 11 (Mass Sports Events)

The municipal and district sports departments shall promote nationwide fitness activities and support the holding of all kinds of mass sports events with solid mass base and high social participation.

Article 12 (Integrated Industrial Development)

The municipal and district sports departments shall, together with the relevant departments, give full play to the role of sports events in stimulating the culture, tourism, trade, exhibition and other industries in this Municipality, and facilitate the integrated development of the industries.　

Article 13 (Platform Services)

The municipal sports department shall, through the municipal online government service platform, disclose the holding conditions, standard requirements and basic information of all kinds of sports events, provide such conveniences as information services for the organizations or individuals that hold sports events, application for projects subsidy from the government, and provide information services for participants and spectators.

The municipal sports department shall rely on the municipal online government service platform, share the basic information of the events with the relevant departments, strengthen business cooperation and optimize the government service.

Article 14 (Sports Events Appraisal)

An appraisal system for sports events shall be established in this Municipality.

The municipal sports department shall establish and improve the quality index system for sports events, carry out appraisal on their attention degree, professionalism and contribution, and regularly issue appraisal reports on sports events. The appraisal report is an important basis for determining and adjusting the layout of the municipal sports events.

The municipal sports department may entrust a third-party agency to carry out the appraisal work prescribed in the preceding clause.

Article 15 (Protection of Intellectual Property Rights)

This Municipality shall, in accordance with the relevant regulations of the State, protect the intellectual property rights such as trademarks, patents and copyrights related to sports events, as well as the names, emblems, flags and mascots.

This Municipality shall encourage the organizations or individuals that hold the sports events to take the initiative in applying for the relevant intellectual property rights certificates and handling related procedures.

Article 16 (Protection of Participants Rights)

Those that participate in the competition under the conditions prescribed in the sports events shall enjoy the rights of fair competition, access to both the information and the events results, and appeal against the results.

Article 17 (Government Support)

Peoples governments and sports departments at all levels may encourage and support the holding of various sports events by using special funds, purchasing services and providing public resources.

Article 18 (Regional Cooperative Development)

The municipal and district sports departments shall strengthen the cooperation and exchanges with the departments concerned in the Yangtze River Delta region and other cities in China, and promote the integration and sharing of sports talents, venues, funds, information, projects and other resources through joint bidding or holding the sports events.

Chapter III  Sport Events Normalization

Article 19 (Event Sponsoring)

The organizations or individuals that initiate and organize sports events (hereinafter referred to as the sponsors) shall establish an organizational mechanism, make clear the matters related to the holding of sports events and the division of responsibilities, organize the formulation of safety work plans and related emergency response schemes, and supervise the implementation of specific measures.

Article 20 (Event Organizing)

The organizations or individuals that are specifically responsible for the preparing and undertaking sports events (hereinafter referred to as the organizers) shall do a good job in assuring the following measures: 　

1. ensure the funds needed for the normal operation;

2. appoint administrative, professional and technical personnel suitable for sports events;

3. put in place the venue facilities and equipment that meet the requirements;

4. implement relevant medical, health and safety measures;

5. conduct education and management on anti-doping affairs, sports spirit and discipline in accordance with the relevant provisions of the State; and

6. other responsibilities prescribed by laws, rules and regulations.

If the sponsor directly organizes the sports events, it shall fulfill the responsibilities of the organizer prescribed in the preceding clause.

Article 21 (Co-organizing)

Organizations or individuals that provide operational guidance or material and human support for sports events and assist in organizing such events (hereinafter referred to as co-organizers) shall be responsible for the quality and safety of the products, services, venue facilities and equipment provided to the sports events.

Article 22 (Contractual Provisions)

Sponsors, organizers and co-organizers shall, through the contract, specify the rights, obligations and liabilities for breaching contract for each party and implement the contract in accordance with the provisions.

Article 23 (Protection of Rights and Interests)

Sponsors or organizers can obtain the earnings of sports events by transferring the naming rights, selling tickets, accepting sponsorship and collecting registration fees.

Without the consent of the sponsors, organizers or the relevant obliges, no organization or individual may carry out commercial activities, publish or post commercial advertisements in a disguised way in the venues where the sports events are held.

Article 24 (Normalization of Event Names)

The name of a sports event shall be consistent with the host region, the number of participants, the scale of the activity, and the content of the event, shall not contain the words that may deceive or cause misunderstanding, and shall not infringe upon the interests of the State, the public and the legitimate rights and interests of others.

Article 25 (Event Examination and Approval)

For sports events that require examination and approval as prescribed by the State, the sponsors or organizers shall go through the examination and approval procedures with the sports departments in accordance with the relevant provisions.

Sports events sponsors or organizers shall go through the examination and approval procedures with the relevant departments in accordance with the relevant provisions in any of the following circumstances:

1. It is a large-scale mass activity;

2. It is necessary to occupy roads, airspace, water areas or use public resources such as radio frequencies; or

3. Other circumstances prescribed by laws and rules.

Article 26 (Filing and Submitting Basic information)

Sponsors or organizers shall log on the municipal online government service platform 30 days before the start of the sports event and file such basic information as the name, time, place, the sponsor, organizer, the participation conditions, the number of participants, the competition rules and regulations, and the methods of rewards and penalties.

Where the basic information of the sports event needs to be changed or the sports event needs to be cancelled due to special reasons, the sponsor or the organizer shall, before the start of the sports event, file the change or cancellation information through the municipal online government service platform.

Article 27 (Insurance Measures)

This Municipality encourages the sports event sponsors or organizers to insure against public liability insurance and to purchase personal accident insurance for participants.

Article 28 (Ticketing Management Measures)

Sponsors or organizers shall strengthen the ticketing management of sports events and shall not hoard tickets or participate in price speculation.

Tickets sales and verification for sports events under the real-name management shall be encouraged.

Sponsors or organizers shall be encouraged to provide public welfare tickets according to the actual situation of the sports events.

Article 29 (Code to Determine Referees)

Sponsors or organizers shall, in accordance with provisions of the State and this Municipality on the administration of referees and the professional requirements of sports events, determine the referees in accordance with the principles of openness, impartiality, merit-based selection and neutrality.

Article 30 (Participants Code of Conduct)

Participants shall perform their obligations of good faith, safe and orderly participation, abide by the rules of the event, the regulations of the competition, the code of behavior in the event venue and other provisions prescribed by the event sponsors or organizers, and shall not use doping, fix match, conduct impersonation or fraud activities.

If the relevant items of sports events have special requirements on the physical conditions of participants, the participants shall cooperate with the organizers in verifying their physical conditions.

Article 31 (Spectators Code of Conduct)

Spectators shall abide by the administrative order of sports events, consciously accept security inspection, obey the on-venue management, take good care of public facilities, observe social ethics, and shall not disturb or destroy the order of sports events and public security.

Chapter IV  Assurance and Supervision

Article 32 (Integrated Service Mechanism)

The municipal or district sports departments shall, in conjunction with the departments of public security, emergency management, transportation, health, culture and tourism, housing and urban-rural construction, economic informatization, market supervision, urban management and law enforcement, establish a comprehensive service mechanism for sports events, publicize the holding situation of the events, coordinate major events and ensure their orderly operation.

Article 33 (List of Major Sports Events)

The municipal sports department shall, at the beginning of each year, disclose to the public the list of major international, national and citywide sports events to be held in this Municipality, including the name, date, place and number of people involved in the events.

Article 34 (Security Standards and Emergency Duty)

The municipal public security department shall, in conjunction with the municipal sports department, specify the requirements for the provision of the safety facilities and the equipment of the security personnel for sports events in this Municipality in accordance with the relevant standards for the appraisal of the security level of stadiums and gymnasium venues as prescribed by the State.

The municipal department of emergency management shall, together with the municipal sports department, guide the sponsors and organizers of major sports events to conduct on-venue emergency rescue command and information report.

Article 35 (Mass Sports Organizations’ Service)

Mass sports organizations at the municipal level may formulate and publish guidelines for holding sports events, for participating in sports events and other normative requirements to improve the level of events standardization.

Associations of individual sports at all levels are encouraged to provide guidance and service in technology, rules, equipment and personnel to the event sponsors and organizers.

Article 36 (Voluntary Service)

Volunteers and voluntary service organizations are encouraged to participate in the service assurance work of public welfare sports events and provide voluntary services.

Sponsors or organizers shall, in accordance with the law, do a good job in the volunteers’ recruitment, training, assurance and encouragement for sports events.

Article 37 (Corrections and Admonishing)

Sports departments shall strengthen the routine inspection of the sports events and urge the organizations or individuals to make timely corrections if they are found to have acts suspected of violating the provisions of these Procedures.

If the relevant organization or individual fails to make corrections within the prescribed time limit, the sports departments may admonish the legal representative or the main person in charge and require them to take effective measures in a timely manner to eliminate risks or problems that may occur in the sports events.

Article 38 (Complaints and Reports Handling)

Sports departments shall promptly accept and investigate complaints and reports on illegal acts related to sports events within the scope of their functions and duties; if the act does not fall within their duty scope, it shall be transferred to the relevant department in a timely manner. The complainant shall be informed with the results of investigation and handling the case.

Article 39 (Credit Management)

For the organizations or individuals that violate the provisions of these Procedures, the sports departments shall provide the illegal information to the municipal public credit information service platform in accordance with the provisions. To the violators whose illegal information has been included in the municipal public credit information service platform, the sports department and relevant departments may take corresponding disciplinary measures according to law.

Chapter V   Legal Liability

Article 40 (General Provisions)

Whereas there are provisions on punishment for acts violating these Procedures provided for in relevant laws, rules and regulations, such provisions shall prevail.

Article 41 (Penalties for Failure to Perform the Guarantee Responsibility for Sports Events)

Those who, in violation of Item 1 to 4 of Clause 1 of Article 20 of these Procedures, fail to perform the responsibility of guaranteeing the event shall be ordered by the municipal or district sports department to make corrections within a prescribed time limit and may be imposed a fine of not less than 5,000 yuan but not more than 10,000 yuan; whoever refuses to make corrections or causes serious consequences shall be fined not less than 10,000 yuan but not more than 50,000 yuan.

Article 42 (Penalties for Acts Violating the Name Normalization)

Where the name of a sports event, in violation of the provisions of Article 24 of these Procedures, does not meet the normalization requirements, the municipal or district sports department shall order corrections within a prescribed time limit and may impose a fine of not less than 1,000 yuan but not more than 10,000 yuan; whoever refuses to make corrections or causes serious consequences shall be fined not less than 10,000 yuan but not more than 50,000 yuan.

Article 43 (Penalties for Acts Violating Ticketing Management Measures)

Those who violate the provisions of Clause 1 of Article 28 of these Procedures on ticket management shall be ordered to make corrections within a prescribed time limit by the municipal or district sports department, and may be fined not less than 1,000 yuan but not more than 10,000 yuan; whoever refuses to make corrections or causes serious consequences shall be fined not less than 10,000 yuan but not more than 50,000 yuan.

Article 44 (Administrative Responsibility)

Any staff member of the municipal or district sports department who abuses his power, conducts malpractices for personal gains or neglects his duty in the supervision and management of sports events shall be punished according to law; if the case constitutes a crime, criminal liability shall be investigated according to law.

Chapter VI  Supplementary Provisions

Article 45 (Date of Implementation)

These Procedures shall be effective as of June 1, 2020.

Procedures of Shanghai Municipality on the Administration of Sports Competition promulgated by Decree No. 66 of Shanghai Municipal Peoples Government on March 25, 1999, amended and re-promulgated in accordance with Decree No. 52 of Shanghai Municipal Peoples Government on December 20, 2010, shall be repealed simultaneously.