High Risk Sports License Management Approach

Original Language Title: 经营高危险性体育项目许可管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201305/20130500387392.shtml

High risk sports license management approach

    (February 21, 2013 State Sports General Administration announced 17th come into force on May 1, 2013) Chapter I General provisions

    First in order to regulate the management the implementation of administrative licensing in high risk sports, protect the safety of consumers, and promoting healthy development of the market, according to the People's Republic of China sports law, the People's Republic of China on administrative licensing law, the national fitness regulations and other relevant laws and regulations, these measures are formulated.

    Second high risk sport in these measures refers to for profit-making purposes, in accordance with the provisions of the national fitness regulations published high risk sports and business activities.

    Article management the implementation of administrative licensing in high risk sports.

    Article fourth engaged in the implementation of administrative licensing in high risk sports, adhere to the following principles:

    (A) protect the personal safety of consumers;

    (B) development of sports market

    (C) an open, fair and impartial;

    (D) combination of punishment and education;

    (E) the economic and social benefits.

    Fifth State Sports General Administration Guide nationwide engaged in high risk sports administrative licensing work in conjunction with the departments concerned, adjust the list of high-risk sports, and be published after approval by the State Council.

    Local people's Governments at or above the county level sports authorities responsible for the administration of administrative licensing work in high risk sports.

    Chapter II application and approval

    Sixth engaged in dangerous sports, subject to the following conditions:

    (A) sports facilities meet national standards;

    (B) has the requisite number, access to national vocational qualification certificates of the social sports guide and rescue personnel;

    (C) has the responsibility of production safety, safety procedures, emergency contingency plans, physical facilities, equipment, facilities, security systems and other safety systems and measures;

    (D) other conditions stipulated by laws and regulations.

    Seventh application high risk sports, shall submit the following materials: (A) the application.

    The application shall include the name and domicile of the applicant, to be engaged in high risk sports, proposed operator elements such as name, address, place of business;

    (Ii) explanatory material of sports facilities in accordance with the relevant national standards;

    (C) the sports title to or right to prove;

    (D) social sports instructors, rescue workers ' occupational qualifications;

    (E) safety and security system and measures;

    (F) the laws, regulations and other materials.

    Eighth engaged in dangerous sports, shall apply to the competent departments of the local people's Governments at or above the county level sports administrative license. Nineth departments of local people's Governments at or above the county level shall Director shall from the date of receipt of the application in the 30th for field verification, make a decision to approve or not to approve.

    Approval, shall issue permits; is not granted, it shall notify the applicant in writing and state the reasons.

    Article tenth the permit shall include the following:

    (A) the name of the operator;

    (B) business name;

    (C) the place of business address;

    (D) licensing of high-risk sports;

    (E) the social sports guide and rescue personnel specified quantities;

    (F) permit period.

    11th a license valid for five years, the style developed centrally by the State General Administration of sport.

    12th applicant access to local people's Governments at or above the county level after sports authorities of administrative licensing shall be licensed to the appropriate administration of industry and commerce registration formalities according to law. 13th licensing matters set forth changes, the operator shall make an administrative decision about sports authorities to apply the change. Sports authorities agreed for its renewal of license.

    Operators to exchange their licenses to the Administrative Department for industry and Commerce for registration of change. Article 14th needs to continue to operate after the expiry of the licence, operators should be 30th in advance to make the sports authorities of the decision on the administrative license renewal procedures apply. Sports authorities agreed for its renewal of license.

    Operators to exchange their licenses to the appropriate registration of renewal of the Administrative Department for industry and commerce.

    15th under any of the following circumstances, the sports authorities of the decision on the administrative license according to law cancelled the license:

    (A) the operation terminates;

    (B) the license expires.

    Article 16th license, write-off and pursuant to article 28th of this approach to revoke the licence, make an administrative decision about sports authorities should open to the public.

    Article 17th permit is lost or destroyed, to make an administrative decision about sporting authorities should apply for a replacement or replacement.

    Chapter III supervision and inspection

    18th superior sports authorities should strengthen supervision and inspection of junior sports authorities the implementation of administrative licensing, correct the violations in the implementation of administrative licensing.

    Local people's Governments at or above the county level should sports authorities in administrative licensing of the operators supervise the activities effectively.

    Supervision and inspection shall be without prejudice to the normal operation of the licensee. 19th local people's Governments at or above the county level shall sports authorities to check the high risk sport, sports law enforcement officers shall not be less than the number two, and present a valid certificate of administrative law enforcement.

    Failure to produce valid documents, the operator is entitled to refuse the inspection.

    20th physical supervision and inspection of the law enforcement officials should be time, place, content, identify the problems and treatment of written records, and the establishment of law enforcement records, inspection records and the decision could be archived.

    21st business operator shall display the permit, production safety responsibility, safety procedures, physical facilities, equipment, equipment instructions for use and security check systems, social sport guidance staff and rescue personnel directory and photos posted on the site prominently.

    22nd high-risk sports should be an operator could endanger consumer safety issues and special requirements for participants age, physical, technical, made true statements in the premises and clear warnings, and to take measures to prevent harm from occurring.

    23rd an operator shall, in accordance with relevant provisions of sports facilities, equipment, equipment maintenance and regular testing to ensure its safe and normal use. 24th business operator shall ensure the operation period is not less than the prescribed number of social sport guidance personnel and aid workers.

    Social sport guidance and aid personnel should be certified and wear can indicate its identity striking identity.

    Article 25th of sports law-enforcement officials to perform their duties of supervision and inspection, and shall cooperate, and may not refuse or obstruct.

    26th State encourages operators of high-risk sports law to insure the liability insurance, encouraging consumers to cover accident insurance according to law.

    The fourth chapter legal liability

    27th article without County above place Government sports competent sector approved, unauthorized business high risk sports project of, by County above place Government sports competent sector according to management permission ordered corrected; has illegal proceeds of, confiscated illegal proceeds; illegal proceeds insufficient 30,000 Yuan or no illegal proceeds of, and at 30,000 yuan above 100,000 yuan following of fine; illegal proceeds 30,000 yuan above of, and at illegal proceeds twice times above 5 times times following of fine. 28th article operators made license Hou, no longer meet this approach provides conditions still business the sports project of, by County above place Government sports competent sector according to management permission ordered deadline corrected; has illegal proceeds of, confiscated illegal proceeds; illegal proceeds insufficient 30,000 Yuan or no illegal proceeds of, and at 30,000 yuan above 100,000 yuan following of fine; illegal proceeds 30,000 yuan above of, and at illegal proceeds twice times above 5 times times following of fine; refused to corrected of,

    Made by sports authorities to revoke the licence of the decision on the administrative license.

    29th article in violation of the article 21st, 22nd, 23rd, 24th, stipulates that local people's Governments at or above the county level sports authorities a rectification, overdue correction, fines of between 20,000 yuan.

    30th article violates this article approaches 25th, local people's Governments at or above the county level sports authorities ordered corrective action and fined not more than RMB 30,000 yuan.

    31st sports authorities above the county level people's Government staff in the course of the implementation of administrative licensing, dereliction of duty, abuse of authority or engages, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter by-laws

    Article 32nd in high risk sports directory before it was announced, has been listed in the list of high risk sport management, the operator shall, within 6 months after the publication of the directory apply for administrative license in accordance with these measures.

    Article 33rd specific implementation measures shall be formulated by the place according to the actual situation. 34th article of the rules take effect on May 1, 2013.