Laws of the Guangdong Province

Regulations of Shenzhen Special Economic Zone on Administration of Physical Culture Operation

(Adopted at the 6th meeting of the Standing Committee of the 3rd Shenzhen People' s Congress on March 22, 2001)

Article 1  In order to strengthen the administration of physical culture and Sports operating activities of  Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone),to protect the lawful rights and interests of physical culture and  sports business operators and consumers£¬ and to promote the development of physical culture and sports business, these regulations are formulated in accordance with the Law of People' s Republic of China on Physical Culture and other relevant provisions of laws and regulations in combination with the specific situation of the Special Zone.

Article 2  Physical culture  operation mentioned in these regulations means operating activities with the purpose of seeking profits by operating physical culture projects, such as gymnastics, recovery,   entertainments, performances and contests, and activities of skill training, advisory services and broker,  for physical culture.

  Physical culture projects  mentioned in the preceding paragraph mean the ones proclaimed by the competent department of the State or of GuangDong province,  for physical culture  or by  Shenzhen Minicipal People' s government (hereinafter referred to as  the municipal government)

Article 3  Municipal and  district administrative organizations of Physical Culture are in charge of administration of physical culture  operation and shall perform the following  duties:

<1>to propagate and implement laws, regulations and rules concerning administration of physical culture market ;

<2>to examine, verify and approve physical culture  operation according to law;

<3>to guide and supervise physical culture  operation;

   The  municipal administrative organization of Physical Culture shall organize training and qualification test for physical culture professional technicians taking part in physical culture  operation.

Article 4  To engage in physical culture operation, the following requirements shall be  satisfied:

<1> having corresponding places, facilities, equipments, machines and professional technicians for  operation;

<2> meeting requirements on public security, fire prevention and control, city appearance and environmental  sanitation;

<3>having ability to ensure safety  corresponding with operation;

<4> other requirements stipulated by  laws, regulations or relevant departments of the State.

Article 5  Anyone, who engages  in physical culture  operation of  athlete or special project,  organizes profitable physical contest or performance  at the level of municipality or above, or having participants, sportsman or sports team, coming from foreign country or beyond the borders,   or conducting profitable training course of professional skills for physical culture, shall  get approval and  acquire business license for physical culture from  the municipal administrative organization of physical culture.

Anyone, who engages in physical culture  operation other than the ones stipulated in the preceding paragraph, shall acquire  business license for physical culture from the municipal administrative organization of physical culture after being examined and approved by the district administrative organization  of physical culture in accordance with the specific requirements proclaimed by the municipal administrative organization  of physical culture.

If other physical culture  operation shall be approved  according to law or regulation, the provisions of the law or regulation shall prevail.

Article 6  A guarantee shall be provided for physical culture operation   for one time or lasting less than three months, which shall be approved according to these regulations.

Article 7  Anyone, who applies to the physical culture administrative organization for physical culture  operation, shall submit the following documents:

<1>application;

<2>applicant' s  certification of identification;

<3> qualification certification of the required professional technician;

<4> certification of site;

<5>statement of the required facilities, equipments, machines and security  situation.

Operator of  profitable physical culture contest  or performance for one time or lasting less than three months,  which shall be approved according to these regulations, shall submit guarantee document and plan for organization and implementation  besides the documents listed in the preceding paragraph. The plan for organization and implementation shall contain the following matters:

<1> budget of outlay and statement of its source;

<2>detailed statement of the contest rules  or performance event;

<3>information about the sportsmen, coaches and working personnel taking part in the  activity;

<4> measures and relevant implementation plan of public security, fire prevention and control, transportation, city appearance and environmental  sanitation protection.

Article 8  The physical culture administrative organization shall issue a business license of physical culture to qualified applicant, or make written decision and explanation on not granting the license to unqualified applicant, within 15 working days from the date of receiving the  documents submitted by the applicant.

Article 9  Applicant for physical culture operation may not start business after having obtained the business license of physical culture until he registers with relevant departments, such as  department of industry and commerce and department of taxation.

Article 10  Operator shall apply to the municipal or district administrative organization of physical culture for relevant alteration registration according to approval or verification procedure, if he wants to change operation project or site of physical culture.

Article 11  Operator of  approved profitable physical culture contest or performance for one time or lasting less than three months, shall not change the plan of organization and implementation without authority; and shall apply to the original approval organization for approval if the change is required indeed.

Article 12  It is prohibited to forge, obliterate, rent, lend or transfer the business license of physical culture.

 The municipal administrative organizaiton of physical culture shall regularly  examine the business license of physical culture.

Article 13  It is prohibited to  endanger public security by taking advantage of physical culture operation, or  conduct illegal activities  of pornography, superstition and gambling etc.

Article 14  Coach engaging in professional skill training and person engaging in emergency treatment in physical culture operation  shall obtain qualification certificate of  employment according to these regulations .

Article 15   Operator shall repair and maintain  physical culture facilities, equipments and machines to ensure that they can be used in safe and normal  condition.

Operators shall make true statement and clear warning on matters, which might endanger the consumer' s safety,  and take  corresponding prevention measures.

Article 16  The sponsor, undertaker of physical culture contest or performance shall shoulder responsibilities for the safety of the sportsmen, coaches, judges and audience taking part in the activities;  and shall bear civil liability for compensation according to law if they cause damage.

Article 17  Anyone, who engages in physical culture operation without the business license of physical culture, shall be ordered to suspend business, confiscated illegal gains and be imposed a fine of 10,000 yuan concurrently by the municipal administrative organization of physical culture.

Article 18  Anyone, who obliterates,  rents, lends or transfers  its business license of physical culture,shall be imposed a fine of more than 5,000 yuan but less than 10,000 yuan, and revoked its business license of physical culture by the physical culture administrative organization,  and shall be dealt with by the administrative department for industry and commerce according to law.

Anyone, who forges business license of physical culture, shall be dealt with by the public security organ according to law.

Article 19  Anyone, who changes operating projector site arbitrarily without transacting relevant formalities  with the physical culture administrative organization, shall be ordered to transact relevant formalities within a time limit, and be imposed a fine of 5,000 yuan concurrently by the physical culture administrative organization,; anyone, who does not  transact relevant formalities within the time limit, shall be imposed a fine of 10,000 yuan, and  be revoked its business license of physical culture concurrently.

Article 20  Anyone, who changes the plan of organization and implementation of physical culture contest or performance arbitrarily without the approval  of physical culture administrative organization, shall be ordered to make correction at once and be imposed a fine of 10,000 yuan concurrently by the physical culture administrative organization.

Article  21  Operator, who employs or invites a person without  qualification certificate of employment to work as  coach  engaging in professional skill training, or to work in emergency treatment of physical culture,  shall be ordered to make correction within a time limit by the physical culture administrative organization.  Opertor, who refuses to make correction within the time limit, shall be imposed a fine of  more than 5,000 yuan  but less than 10,000 yuan, and may be concurrently ordered to  suspend business for internal rectification.

Article  22   Staff member of the physical culture administrative organization, who abuses his functions and powers, neglects his duties or engages in malpractices for selfish ends in the administration of physical culture operation, shall be given administrative penalty by relevant department; if  his behavior constitutes a crime because the situation is very serious,  he shall be investigated for criminal responsibility  in accordance with law. 

Article  23  If an operator does not agree with the specific administrative act of the physical culture administrative organization, he may apply for administrative review according to law, or bring administrative litigation to people' s court.

Article  24    The municipal government may formulate detailed implementation rules in accordance with these regulations.

        Article  25    These regulations shall enter into force as of June 1, 2001. The Administrative Rules of  Shenzhen Special Economic Zone on Physical Culture Market, promulgated by the people' s government of Shenzhen Municipality on July 13, 1994, shall be annulled therefrom.