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Measures of Guangzhou Municipality for Management of Sports Competition and Performance Markets

2024-03-21 17:07
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  (Issued on August 2, 2005 in accordance with Decree No. 3 of the People’s Government of Guangzhou Municipality, amended for the first time on January 11, 2015 in accordance with Decree No. 115 of the People’s Government of Guangzhou Municipality and amended for the second time on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality)

  Chapter I General Provisions

  Article 1 These Measures are formulated in accordance with the Sports Law of the People’s Republic of China and other relevant laws and regulations, on the basis of the actual conditions of the Municipality and with a view to regulating the sports competition and performance market, protecting the legal rights and interests of the participants in the sports competition and performance market, and promoting the sound development of sports undertakings.

  Article 2 These Measures are applicable to any and all sports competition and sports performance events (hereinafter referred to as “SCSP events”) held within the administrative area of the Municipality by any of the following market-based means:

  (1) Selling tickets to the public or accepting paid group block bookings;

  (2) Accepting commercial sponsorships;

  (3) Charging an enrollment fee;

  (4) Carrying out commercial advertising;

  (5) Carrying out paid radio or TV relay;

  (6) Carrying out market development with respect to the name, emblem, mascot, logo or other intellectual property rights of an SCSP event; or

  (7) Any other market-based mean.

  Article 3 The holding of SCSP events shall be based on lawfulness, impartiality, openness, good faith, physical & mental health benefits and equal emphasis on economic benefits and social benefits.

  Article 4 The municipal and district sports authorities shall take charge of the supervision and management of SCSP events in accordance with the provisions of these Measures, and shall organize the implementation of these Measures.

  Each relevant authority shall perform its own supervision and management duties on SCSP events ex officio.

  Article 5 Sports federations and single-sport associations of the Municipality and districts shall carry out industrial management on SCSP events according to law.

  Article 6 Sports promotion companies, sports agency companies, law firms, accountant firms and other social organizations shall legally provide professional services for the holding of SCSP events.

  Chapter II Organizers and Organizing Procedures

  Article 7 The term “organizer” herein refers to any citizen, legal person or other organization that meets the conditions for holding SCSP events under these Measures and initiates and/or organizes an SCSP event.

  Article 8Whoever is to hold an SCSP event shall meet the following conditions:

  (1)Having the function of holding SCSP events or having it covered by the business scope;

  (2)Having an organizational structure, expertise and managers that are suited to holding the SCSP event;

  (3)Having funds and social credit that are suited to holding the SCSP event;

  (4)The premises for holding the SCSP event shall have corresponding building functions and have such venues, facilities and sports equipment that comply with safety and fire control requirements;

  (5)Formulating safety and security work plans, health care guarantee measures and emergency response plans;

  (6)Going through the formalities of tax registration and other tax matters with taxation authorities in accordance with relevant regulations;

  (7)Going through relevant formalities with public security, fire control and health authorities in accordance with relevant regulations;

  (8)In case of holding commercial advertising activities, going through formalities with industry and commerce, urban appearance and environmental sanitation and urban planning authorities;

  (9)Complying with relevant rules and standards of sports industry associations; and

  (10)Other conditions prescribed by laws and regulations.

  Article 9 To hold an international, country-wide or province-wide SCSP event, the organizer shall go through the approval formalities in accordance with national and provincial regulations.

  To hold an SCSP event in Guangzhou Municipality, the organizer shall go to the sports authority of the district where it is located for filing 30 days prior to the event.

  Article 10 The organizer shall apply to go through the registration and approval formalities prior to filing. The application of the qualified organizer shall be accepted.

  Article 11 A sports authority may entrust the filing work to an appropriate sports federation or single-sport association. Where any single-sport association holds an SCSP event, the competent sports authority may entrust an appropriate sports federation to be responsible for filing. Where a sports federation holds an SCSP event, the competent sports authority may not entrust others to be responsible for the filing.

  For any problem found during filing, the entrusted sports federation or single-sport association shall promptly report it to the competent sports authority.

  Sports authorities shall strengthen supervision and management on the filing work done by sports federations or single-sport associations.

  Sports authorities shall share data and information with the entrusted sports federations or single-sport associations.

  Article 12 The organizer shall submit the following materials for filing:

  (1)A filing report;

  (2)The materials proving the organizer’s identity;

  (3)The materials proving compliance with the conditions under Article 8 herein;

  (4)The purpose and significance of holding the SCSP event;

  (5)The name, time, location, scale, athletes (teams or clubs), judges and other basic information on the SCSP event;

  (6)The standard procedures, rules and organization and implementation plan of the SCSP event;

  (7)In case of an SCSP event involving fierce competition or high risks or of a large scale, a risk assessment report, a medical first-aid plan and information regarding purchase of person insurance for athletes shall be submitted;

  (8)Where the SCSP event is to be held collaboratively, the written contract concluded between or among organizers; and

  (9)Other materials needed to be provided in accordance with laws, regulations and rules.

  The organizer(s) shall be responsible for the authenticity of such materials.

  Article 13If the authority in charge of SCSP event filing determines that the materials for filing are incomplete after the organizer submits such materials, the authority shall, within 7 days thereafter, notify the organizer of the information required supplementation or correction, and the organizer shall complete such supplementation 10 days prior to the SCSP event.

  For incomplete materials regarding registration and approval once found during filing, the competent sports authority shall promptly notify relevant authorities.

  Article 14 If the SCSP event is cancelled for some reason, the organizer shall go through the deregistration formalities with the original authority in charge of filing 3 days prior to the original holding date, and issue an announcement to the public on media at or above the municipal level.

  Article 15 The name of the SCSP event shall be consistent with its level and scale.

  Where the municipal people’s government and its departments, the municipal sports federation, or any municipal single-sport association holds an SCSP event as an organizer, the event may be named after “Guangzhou Municipality”, “Municipality-wide” or the like.

  Where a district people’s government and its departments, a district sports federation or a district single-sport association holds an SCSP event as an organizer, the event may be named after “district”, “district-wide” or the like.

  The SCSP event held by any federation of trade unions, women’s federation, Communist Youth League, disabled persons' federation or other social organization or group as an organizer in the field corresponding to its function may be named after the name of the administrative area at the corresponding level or the like.

  No other organization may, as an organizer, use the abovementioned administrative name or the like individually to hold an SCSP event, unless the SCSP event is held in collaboration with organizations mentioned above.

  Those who use “international (or world)”, “inter-continental (or Asia)”, “Chinese (China or China-wide) ”, “South China (Guangdong, Hong Kong, Macao and Taiwan) ”, “Guangdong Province (or Province-wide) ” or the like to hold an SCSP event shall be administered in accordance with relevant national and provincial regulations.

  Chapter III Rights and Obligations

  Article 16 The organizer has proprietary rights in and to the name, emblem, mascot and logo of the SCSP event according to law.

  When holding an SCSP event, the organizer shall not infringe upon others’ legal proprietary rights.

  Article 17 Without the consent of the organizer, the SCSP event shall not be recorded, visually recorded, or relayed on radio or TV.

  Article 18 The organizer may, in its sole direction, price the tickets for the SCSP event.

  Audiences shall watch the SCSP event by presenting their tickets, and accept the ticket inspection by the officers.

  Forging and reselling at a profit the tickets for the SCSP event are prohibited.

  Article 19 The organizer, when selling tickets, may agree on the watch order with audiences.

  Persons entering the premises for holding the SCSP event shall obey the management, observe the order and take care of sports facilities, and shall not disturb or destroy the order of the SCSP event.

  Article 20 The organizer shall select, dispatch or retain duly qualified judges based on the level and scale of the SCSP event.

  Article 21 The organizer shall hold the SCSP event in accordance with the filed standard procedures, rules and organizational implementation plans of the SCSP event.

  Article 22 The holding of the SCSP event by the organizer shall not harm the physical or mental health of athletes, and the organizer shall not engage in any activities the purpose and significance of which are different from those specified in filed materials.

  Article 23 When holding the SCSP event, the organizer shall not engage in any rule-breaking activities posing a damage or real threat to public interests.

  Article 24Before holding the SCSP event, the organizer shall carry out an overall checkup on the structure of devices, evacuation conditions, fire safety facilities, electrical devices and other safety facilities at the premises for the event.

  The organizer shall comply with the safety and security work plan, put safety and security measures in place, and maintain the safety and order of the premises for the event.

  In case of an important SCSP event, the organizer shall assist the competent public security organ in maintaining the order of the premises for the event, as required by the public security organ.

  Article 25 The organizer shall, within 15 days after the end of the SCSP event, submit the statistical reports on details of the event to the competent sports authority.

  Article 26 The coaches, athletes and judges participating in the SCSP event shall abide by sportsmanship and maintain the fairness and impartiality of the SCSP event, and are prohibited from committing deception or malpractice for personal gains in the SCSP event.

  Article 27 Without the consent of the organizer, no person may use any banner, slogan, flag or other articles with the nature of commercial advertising at the premises for holding the SCSP event.

  Chapter IV Supervision and Management

  Article 28 Each sports authority shall supervise the qualifications of organizers, the conditions and procedures for holding SCSP events and the legality of SCSP events.

  Each organizer shall conscientiously accept the supervision by the competent sports authority, and shall not refuse or hinder supervisory functionaries from legally performing their official duties.

  Article 29Sports authorities at the municipal and district level shall supervise and manage international, country-wide and province-wide SCSP events on the basis of territorial management.

  The municipal sports authority shall carry out supervision and management on municipality-wide or cross-district SCSP events.

  The district sports authority shall carry out supervision and management on the SCSP event of the district.

  Article 30When performing supervisory duties, a sports authority has the power to take the following actions:

  (1)Impose a penalty for an organizer’s illegal activity, in accordance with laws, regulations, rules and these Measures;

  (2)Require the organizer to state or explain the problem arising in an SCSP event; and

  (3)Disclose the rule-breaking activities involved in the SCSP event.

  Article 31 Where any functionary of a sports authority or of the agency entrusted by it with filing has knowledge of the organizer’s trade secrets when performing his/her official duties, he/she shall perform his/her duty of confidentiality.

  Chapter V Legal Liabilities

  Article 32 Whoever holds an SCSP event in violation of the conditions for holding the event under Items (1), (2), (3), (5), (9) and/or (10) of Article 8 herein shall be imposed by the competent sports authority a fine of not less than RMB 5,000 but not more than RMB 30,000.

  Whoever holds an SCSP event in violation of the conditions for holding the event under Items (4), (6), (7) and/or (8) of Article 8 herein shall be punished by relevant administrative departments according to law.

  Article 33 Whoever violates the first paragraph of Article 9 herein by holding an international, country-wide or province-wide SCSP event without going through such formalities of examination and approval as provided for by national and provincial regulations shall be imposed by the municipal sports authority a fine of not less than RMB 10,000 but not more than RMB 30,000.

  Article 34 Whoever violates the second paragraph of Article 9 herein by failing to go through the formalities of filing of an SCSP event as required shall be given a warning and ordered by the competent sports authority for correction within a time limit and may also be imposed by the competent sports authority a fine of not less than RMB 5,000 but not more than RMB 10,000.

  Article 35 Whoever violates the second paragraph of Article 12 herein by using false materials to go through the formalities of filing of an SCSP event shall be given a warning and ordered by the competent sports authority for correction within a time limit and may also be imposed by the competent sports authority a fine of not less than RMB 10,000 but not more than RMB 20,000.

  Article 36 Whoever violates the first paragraph of Article 13 herein by failing to timely supplement all materials for filing shall be imposed by the competent sports authority a fine of not less than RMB 5,000 but not more than RMB 10,000.

  Article 37 Whoever violates Article 14 herein by failing to go through the formalities of filing deregistration shall be given a warning and ordered by the competent sports authority for correction within a time limit and may also be imposed by the competent sports authority a fine of not less than RMB 5,000 but not more than RMB 10,000.

  Article 38 Whoever violates Article 15 herein by holding an SCSP event named after the name of an administrative area or by any similar name shall be given a warning and ordered by the competent sports authority for correction within a time limit and may also be imposed by the competent sports authority a fine of not less than RMB 10,000 but not more than RMB 30,000.

  Article 39 Whoever violates Article 16 herein by infringing upon an organizer’s proprietary rights shall be punished by relevant administrative departments according to law.

  Article 40 Whoever violates the second paragraph of Article 19 herein by disturbing or destroying the order of an SCSP event shall be ordered by the competent public security organ for discontinuation of illegal activities and be punished in accordance with the regulations on punishments in public order and security administration; if a crime is constituted, then criminal liabilities shall be investigated and affixed according to law.

  Article 41 Whoever violates Article 20 herein by selecting, dispatching or retaining unqualified judges shall be imposed by the competent sports authority a fine of not less than RMB 3,000 but not more than RMB 5,000.

  Article 42 Whoever violates Article 21 herein by holding an SCSP event without following the filed standard procedures, rules and organizational implementation plans for the SCSP event shall be imposed by the competent sports authority a fine of not less than RMB 10,000 but not more than RMB 30,000.

  Article 43 Whoever violates Article 22 herein by holding an SCSP event that harms the physical or mental health of athletes or by engaging in any activities the purpose and significance of which are different from those specified in filed materials may be given a warning or imposed suspension or termination of the SCSP event by the competent sports authority in accordance with the severity of circumstances.

  Article 44 Whoever violates Article 23 herein by holding an SCSP event involving any material rule-breaking activity, thus posing a damage or real threat to public interests, shall be punished by relevant administrative departments according to law.

  Article 45 Whoever violates the first paragraph of Article 24 herein by holding an SCSP event at the premises with the structure of devices, evacuation conditions, fire safety facilities, electrical devices and other safety facilities involving a significant hidden danger shall be punished by relevant administrative departments according to law.

  Article 46 Whoever violates Article 25 herein by failing to submit relevant statistical reports as required shall be punished by relevant administrative departments of statistics according to law.

  Article 47 If any person violates Article 31 herein by failing to perform his/her duty of confidentiality and thus causing damage to the organizer, the competent sports authority and the agency entrusted by it with filing shall assume the corresponding liability for damages according to law.

  Article 48 Where any State functionary abuse his/her power, commit malpractice for personal gains or neglect his/her duties during the supervision and management on SCSP events, his/her state organ or the superior state organ shall impose an administrative sanction on him/her; if a crime is constituted, then criminal liabilities shall be investigated and affixed according to law.

  Chapter VI Supplementary Provisions

  Article 49 These Measures are not applicable to any SCSP event held internally by any legal person or organization.

  These Measures are not applicable to any theatrical performance containing sports elements.

  Article 50 These Measures shall come into force on January 1, 2006.