Notice of Shanghai Municipal Public Security Bureau on Issuing the Several Provisions on Strengthening the Safety Management of Crowd Congregation Activities in Public Places

December 4, 2019

SMPSB D [2019] No.7

Attention:all the sub-bureaus, departments of the municipal bureau and public security departments (bureaus):

We hereby issue the Several Provisions on Strengthening the Safety Management of Crowd Congregation Activities in Public Places to you and require you to implement them conscientiously. In case of any problem during the implementation, please contact the Public Security Corps of the Municipal Bureau in time.

Several Provisions on Strengthening the Safety Management ofCrowd CongregationActivities in Public Places

Article 1(Purpose and Basis)

With a view to strengthening the safety management of crowd congregation activities in public places, protecting the safety of public life and property, and maintaining social order and public safety, these Provisions are formulated in accordance with the provisions of the Regulations on the Safety Management of Large-scale Mass Activities (hereinafter referred to as the Regulations), the Procedures of Shanghai Municipality on the Safety Management of Crowd Congregation in Public Places (hereinafter referred to as the Procedures) and other laws, rules and regulations, and in the light of the actual circumstances of this Municipality.

Article 2(Scope of Application)

These Provisions are applicable to the following safety management of crowd congregation activities in public places:

1. large-scale mass activities held by legal persons or other organizations for the public according to the Regulations, with an estimated number of participants of more than 1000 at each time;

2. small mass activities held by legal persons or other organizations for the public with an estimated number of participants of less than 1000 at each time; and

3. other mass activities in which people gather spontaneously to a certain density, i.e. those open to the public, in which people gather spontaneously to the same places (areas or routes) at the same time for the same themes or desires such as entertainment and celebration with an estimated number of participants of more than 50, and the crowd density of more than 1 person per square meter.

These Provisions are not applicable to daily activities such as commuting, medical treatment and schooling, as well as activities such as assemblies, parades, demonstrations and petitions.

Article 3(Safety Risk Assessment Mechanism)

Safety risk assessment mechanism shall be implemented for crowd congregation activities in public places. Safety risk assessment shall be carried out around such elements as activity safety work plans, safety precautions and contingency plans. The results of safety risk assessment are an important basis for judging the effectiveness and pertinence of safety work plans, safety precautions and contingency plans.

For large-scale mass activities, the undertakers shall be responsible for the safety risk assessment of the activities prepared and held by the undertakers. When the undertakers are unable to conduct the assessment on their own, they may entrust professional institutions to conduct the assessment.

When small-scale mass activities are held in public places for crowd congregation, the operation and management units of the public places for crowd congregation shall carry out safety risk assessment. When they are unable to carry out the assessment on their own, they may entrust professional institutions to carry out the assessment.

The public security departments of this Municipality shall, before major holidays and before major events are held, carry out risk assessment on public places and crowd congregation activities, and carry out safety risk assessment on accepted large-scale mass activities. The Municipal Public Security Bureau shall provide guidance for the work of safety risk assessment, formulate safety risk assessment guidelines, make timely adjustments according to the actual management and make them public.

Article 4(Application Material)

The undertakers shall submit the following materials when applying for holding large-scale mass activities:

1. applications for safety permit for large-scale mass activities;

2. certificates of legal establishment of the undertakers and identity certificates of the persons responsible for safety;

3. large-scale mass activity plans and their explanation; when two or more undertakers jointly undertake large-scale mass activities, they shall also submit agreements on joint undertaking to clarify their respective safety responsibilities; the description of the activity programs shall include the contents of safety risk assessment.

4. safety work plans for large-scale mass activities;

5. certificates of the venue managers agreeing to provide the venues and the materials proving the venues meeting the relevant safety technical standards;

6. materials for employing security and fire service organizations with corresponding qualifications, and those for allocating safety personnel; and

7. evidences of conformity that shall be submitted when other competent departments have the qualification and qualification requirements for the undertakers of large-scale mass activities, or other licensing and approval procedures for such activities need to go through.

Article 5(Safety Work Plan)

The safety work plan for large-scale mass activities shall be formulated according to the results of risk assessment, and shall include the following contents:

1. time, place, content and organization of the activities;

2. number of safety personnel, task allocation and identification marks;

3. fire safety measures for the venues including formulating sound fire safety management systems, management systems for using fire, electricity, gas and network, management systems for inflammable and explosive materials, fire-fighting and emergency evacuation plans, and fire training records for field staff;

4. the geographical environment, building structure and area of the venues (attached with the site plans), the number of people that can be accommodated and the expected number of participants;

5. the setting and identification marks of public security buffer areas, as well as the setting and identification marks of emergency evacuation passageways, emergency broadcast, emergency lighting, firefighting facilities and barrier free facilities;

6. ticket management schemes, ticket inspection and safety inspection measures for participants;

7. measures for vehicle parking and diversion;

8. measures for site order maintenance and participant diversion; and

9. contingency plans.

The contents of the safety work plans for large-scale mass activities shall fully meet the needs of safety management for large-scale mass activities. The Municipal Public Security Bureau shall provide guidance for the formulation of the safety work plans, formulate the guides of the safety work plans, make timely adjustments according to the actual management and make them public.

For crowd congregation activities in public places other than those large-scale mass activities, the undertakers or the venue operation and management units may make safety work plans by reference.

Article 6(Acceptance)

The undertakers of large-scale mass activities shall apply for safety licenses 20 days before the dates of holding. After receiving the applications, the public security departments shall make decisions on whether to accept or not to accept them on the spot or within 3 days. When the applications are not accepted, the reasons shall be stated in writing.

When the application materials are incomplete or do not conform to the legal forms, the public security departments shall inform the undertakers of the contents that need to be supplemented and corrected at one time.

Article 7(Non-Acceptance)

The public security departments shall not accept any of the following circumstances:

1. failing to apply 20 days before the holding of large-scale mass activities;

2. the undertakers being not a legal persons or other organizations established in accordance with legal procedures;

3. the application materials being still incomplete or not conforming to the legal forms after being supplemented or corrected, or the undertakers refusing to supplement or correct; or

4. other circumstances in which applications shall not be accepted according to laws and rules.

Article 8(Permission)

Within 7 days from the dates of acceptance, the public security organs shall make decisions on safety permission for the undertakers who meet the safety conditions and pass the material examination and on-site inspection.

Where large-scale mass activities are complex and have significant impacts, and the public security departments are unable to make decisions on safety permission within 7 days, it may be extended for 7 days with the approval of the persons in charge of the public security departments at the same level, and the undertakers shall be informed in writing.

Where the same undertakers apply to hold multiple large-scale mass activities at the same locations and with the same contents in this year, the public security departments may grant one-time permission.

Article 9(Non-Permission)

Under any of the following circumstances, the public security departments shall not grant permission:

1. the contents reflected in the application materials failing to meet the legal requirements;

2. the venues and facilities failing to pass the on-site inspection by the public security departments;

3. the contents of the activities violating the provisions of the Constitution, laws and rules and social morality; or

4. other circumstances not permitted by laws and rules.

Article 10(Report on Small-scale Mass Activity)

Where the operation and management units of public places for crowd congregation consider, after safety risk assessment, that the small mass activities held in such places may affect public security or public order, they shall report the matter to the local public security departments five days before the activities are held. After receiving the reports, the public security departments shall conduct safety supervision and guidance over the activities.

Article 11(Report on Crowd Congregation Activity)

Where the operation and management units of the public places for crowd congregation find that there may be or have been emergencies, they shall immediately start the contingency plans and report to the public security departments and other relevant departments.

Article 12(Public Liability Insurance)

The organizers of crowd congregation activities and the operation and management units of the public places for crowd congregation are encouraged to take out public liability insurance.

Article 13(Guideline)

The public security departments, the undertakers of crowdcongregation activities, as well as the operation and management units of the public places for crowd congregation shall strictly implement the management responsibilities and obligations prescribed in the Regulations and the Procedures. Where there are detailed requirements in these Provisions, they shall be implemented in accordance with these Provisions.

Article 14(Effective Date)

These Provisions shall be effective as of March 1, 2020.