Regulation of Tibet Autonomous Region on Mountaineering

 2018-05-31  62


Regulation of Tibet Autonomous Region on Mountaineering


· Area of Law: National Security Public Security

· Level of Authority: Provincial Local Regulations

· Date issued:06-19-2006

· Effective Date:10-01-2006

· Status: Effective

· Issuing Authority: Tibet Autonomous Region

 

Regulation of Tibet Autonomous Region on Mountaineering
(Adopted at the 24th meeting of the Standing Committee of the 8th National People's Congress of Tibet Autonomous Region on June 1, 2006, Announced by the Standing Committee of the National People's Congress of Tibet Autonomous Region by Announcement No. 5 [2006] in June 19, 2006 and shall take effect as of October 1, 2006)
Chapter I General Provisions
Article 1 The present Regulation is formulated according to the real situation of Tibet Autonomous Region and for the purpose of developing the mountaineering undertakings, intensifying the administration of mountaineering and promoting the exchange and cooperation.
Article 2 The term "mountaineering" as mentioned herein refers to the adventure activities of mountain climbing, rock climbing, skeeing and gliding on comparatively independent mountains with an altitude of over 5, 500 meters in Tibet Autonomous Region.
Any mountaineering within Tibet Autonomous Region as well as any scientific inspection or mapping within the mountain area shall be governed by the present Regulation.
Article 3 The principles of bringing into play the mountain resources, further promoting the opening and market-based operation as well as promoting and developing a sector of characteristic mountaineering shall be upheld in any mountaineering undertaking.
Article 4 The local minority customs shall be respected in any mountaineering.
The People's Government of Tibet Autonomous Region may prescribe the relevant prohibitive provisions on mountaineering in some mountains according to the requirements for local ecology, resources and public security.
Article 5 The People's Government of Tibet Autonomous Region shall intensify the administration of mountaineering and promote the development of mountaineering undertakings.
The Administrative Department of Physical Education of the People's Government of Tibet Autonomous Region as well as the administrative organ of mountaineering thereof shall take charge of the administration of mountaineering.
The Mountaineering Association of Tibet Autonomous Region shall take charge of the liaison and coordination in mountaineering.
The relevant departments of the People's Government of Tibet Autonomous Region shall, within their respective power limits, assist in the undertaking of mountaineering.
Article 6 The administrative organ of mountaineering of Tibet Autonomous Region shall distribute 20% the fees for mountaineering registration as well as 60%~80% the fees for environmental protection in mountaineering to the people's government at the county level in the mountain area on an annual basis and shall offer the relevant training and guidance for mountaineering service skills to the local residents in the mountain area for free. The people's government at the county level shall, according to the real situation, distribute part of the fees for mountaineering registration and the fees for environmental protection in mountaineering to the people's government at the country level. The people's governments at the county and country levels shall utilize the fees for mountaineering registration and the fees for environmental protection in mountaineering in the construction of facilities for environmental protection as well as basic establishment.
The people's governments at the county and country levels at the locality of mountains shall protect the local ecological environment, assist in the services for mountaineering, guarantee the mountaineering security and handle any mountaineering accident.
Chapter II Application for and Examination and Approval of Mountaineering
Article 7 An examination and approval system for mountaineering application shall be adopted.
A mountaineering team shall, 30 days before any mountaineering, file an application with the Administrative Department of Physical Education of the People's Government of Tibet Autonomous Region. As to any Sino-foreign joint mountaineering team, an application shall be filed by the Chinese party.
Article 8 The Administrative Department of Physical Education of the People's Government of Tibet Autonomous Region shall, within 20 workdays as of receiving an application for mountaineering, make a decision on whether to approve it and notify the relevant applicant in written form.
Article 9 The Administrative Department of Physical Education of the People's Government of Tibet Autonomous Region shall report the following matters of mountaineering to the relevant departments for examination and approval:
(1)In the case of any scientific inspection in the mountaineering;
(2)In the case of any mapping in the mountaineering;
(3)Where any foreign film team shoots any video material together with the mountaineering team;
(4)In the case of any foreign councilor, official or journalist in the mountaineering; and
(5)In the case of any mountaineering activity within a natural protection region.
All the relevant departments shall actively coordinate with one another, make a written decision in a timely manner and earnestly perform their statutory functions and duties.
Article 10 A mountaineering team shall meet the following requirements:
(1)Being comprised of two or more members;
(2)Having a mountaineering plan as well as security measures;
(3)Guaranteeing the physical quality and techniques of its members;
(4)Its team leader and coach having the relevant qualification certificate as well as experience on mountaineering;
(5)Employing a mountaineering guide as well as other mountaineering assistants;
(6)Having the relevant mountaineering funds as well as the standby expenses for rescue;
(7)Guaranteeing the basic technical equipment, warm-up equipment as well as communications equipment, etc. for mountaineering activities;
(8)Purchasing the accidental injury insurance for its team members; and
(9)Having the measures for the protection of ecological environment.
Article 11 An application for mountaineering shall include the following contents:
(1)The name, altitude and geological location of the mountain;
(2)Time and route of mountaineering;
(3)Names, gender, nationality, careers, mountaineering resumes, domiciles and contact ways of its team members;
(4)A checklist of mountaineering materials; and
(5)Such required service items as communication and accommodation.
Article 12 A mountaineering team that has been approved by the Administrative Department of Physical Education of the State Council to undertake mountaineering in Tibet Autonomous Region shall obtain a Mountaineering License with the Administrative Department of Physical Education of the People's Government of Tibet Autonomous Region.
Article 13 Within 30 days after an application for mountaineering is approved, a mountaineering team shall pay the fees for mountaineering registration and collect a Mountaineering License.
Article 14 A mountaineering team shall pay the relevant fees according to the relevant provisions of Tibet Autonomous Region. The specific items and rates for fee charging shall be determined by the administrative departments of public finance and price of Tibet Autonomous Region.
No entity or individual may unlawfully set up any obstacle to charge any other fee on the way.
Article 15 The administrative department of mountaineering of Tibet Autonomous Region shall, according to the items and rates of fee charging, work out a budget of the mountaineering funds for a mountaineering team. A mountaineering team shall, 30 days before mountaineering, remit all the budgetary funds to the administrative department of mountaineering of Tibet Autonomous Region.
Article 16 A mountaineering team shall actualize a mountaineering plan ,unfold mountaineering activities.
A mountaineering plan shall not be altered at random after being determined. Under any special circumstance of alteration, it shall be subject to the examination and approval of the Administrative Department of Physical Education of the People's Government of Tibet Autonomous Region to confirm the altered part or re-handle the formalities for mountaineering.
Chapter III Mountaineering Activities
Article 17 Any mountaineering activity shall be governed by the following provisions:
(1)The name and altitude of a mountain shall be those as announced by the People's Republic of China;
(2)In the case of climbing any mountain on border, there shall be no activity as likely to injure the sovereignty of China or affect the relationship between China and any neighboring country;
(3)The Mountaineering License shall not be transferred;
(4)As to any service such as traffic, accommodation, migrant worker, livestock-driven transportation, the liaison officer shall handle it and the mountaineering team shall pay the relevant fees according to the relevant provisions;
(5)In the absence of an approval of a liaison officer, a team shall not unlawfully dismiss any mountaineering assistant of the Chinese nationality;
(6)A team shall not take any person other than its team members to participate in the mountaineering;
(7)A foreign team shall, when displaying its national flag in the course of mountaineering or at the peak, also display the national flag of the People's Republic of China in the same specification;
(8)A team shall maintain the environmental sanitation at the peak, on the camp and route, bring the mountaineering equipment, wasted articles and life litters to the camping spot, and give a harmless disposal thereto;
(9)A team shall not unlawfully place any memento or any other article within the mountain area; and
(10)A team shall not hunt or kill any wild animal, damage any wild plant or collect any plant seed.
Article 18 The Administrative Department of Physical Education of the People's Government of Tibet Autonomous Region shall perform the following functions and duties:
(1)Supervising the mountaineers to observe the relevant laws and regulations;
(2)Assisting in the implementation of a mountaineering plan;
(3)Organizing and administrating the coordination personnel and mediating any dispute between the relevant parties;
(4)Controlling the mountaineering progress and verifying the going-for-the-peak or uphill;
(5)Coordinating and handling any mountaineering accident in a timely manner and submitting a written accident report to the Administrative Department of Physical Education of the People's Government of Tibet Autonomous Region;
(6)Supervising the performance of environmental protection of mountaineering teams; and
(7)Assisting in the handling of any other matter.
Article 19 The work of environmental protection for a mountain with an altitude of below 5, 500 meters shall be put under the charge of the people's government at the county or country level at the locality of the mountain. The work of environmental protection for a mountain with an altitude of above 5, 500 meters shall be put under the charge of the relevant mountaineering organizer.
Article 20 A company with the qualification for mountaineering venture shall take charge of the reception and services of mountaineering teams according to law. The administrative organs and reception institutions of mountaineering shall guarantee the legitimate rights and interests of mountaineering teams.
No entity or individual may hinder or disturb any normal mountaineering.
Article 21 In the case of any accident in the mountaineering, the administrative organ of mountaineering, organizer of the mountaineering, local people's government as well as the other relevant organs of Tibet Autonomous Region shall adopt the measures for rescue, and handle the follow-up matters.
Article 22 The administrative organ of mountaineering of Tibet Autonomous Region shall purchase the personal accidental damage insurance for mountaineering assistants. Where any temporarily employed person of a mountaineering tram suffers from any personal accidental damage in his employing period, the relevant compensation shall be made by referring to the premium rates for personal accidental damage insurance.
Article 23 The measures for the attestation and administration of mountaineering assistants shall be formulated by the People's Government of Tibet Autonomous Region.
Article 24 After any mountaineering activity is concluded, the relevant mountaineering team shall submit a written report to the Administrative Department of Physical Education of the People's Government of Tibet Autonomous Region and upon confirmation, a certification on peak or uphill shall be issued.
Chapter IV Scientific Inspection and Mapping in Mountaineering
Article 25 As to any scientific inspection or mapping in mountaineering, the relevant mountaineering team shall report its plan of scientific inspection or mapping when applying for mountaineering with the Administrative Department of Physical Education of the People's Government of Tibet Autonomous Region.
Article 26 As to any scientific inspection or mapping in mountaineering, the relevant mountaineering team shall offer for free the following samples and materials to the Administrative Department of Scientific Technology of Tibet Autonomous Region through the Administrative Department of Physical Education of the People's Government of Tibet Autonomous Region:
(1)A checklist of the exemplars, samples and fossils as collected;
(2)Any new species of animals or plants or species of special animals or plants as found;
(3)Any exemplar of any new species of animals or plants or sparse species of animals or plants as found;
(4)Results of indoor analysis of relevant exemplars, samples and fossils;
(5)Duplication of audio-video materials of the scientific inspection in mountaineering; and
(6)Any other samples or materials as required to be provided.
Article 27 Where any exemplar, sample or fossil collected by a mountaineering team or any video material as formulated by a mountaineering team in mountaineering is about to be carried out of the territory of China, it shall be subject to the inspection and permission of the relevant departments.
Article 28 As to any mapping in mountaineering, the relevant mountaineering team shall report the mapping results to the Administrative Department of Mapping of Tibet Autonomous Region through the Administrative Department of Physical Education of the People's Government of Tibet Autonomous Region.
Chapter V Legal Liabilities
Article 29 Where any mountaineering team violates the provision of paragraph 1, Article 7 of the present Regulation to carry out the mountaineering without examination and approval, the Administrative Department of Physical Education of the People's Government of Tibet Autonomous Region shall, according to the circumstances, order it to stop the mountaineering and impose thereupon a fine of 5, 000 yuan up to 30, 000 yuan.
Article 30 Where any relevant administrative organ violates the provisions of Article 8 or 15 of the present Regulation by failing to decide whether to approve an application for mountaineering according to the schedule or failing to budget the mountaineering funds, the People's Government of Tibet Autonomous Region or the Administrative Department of Physical Education of the People's Government of Tibet Autonomous Region shall circulate a criticism and given an administrative sanction to the directly liable persons.
Article 31 Where any mountaineering team violates the provisions of Article 13 or 16 by failing to carry out the mountaineering activity according to the schedule, its paid registration fees shall not be refunded, its Mountaineering License as collected shall be invalidated and its mountaineering plan shall be terminated.
Article 32 Where any liaison officer violates the provisions of Article 18 of the present Regulation by failing to perform his functions and duties as a liaison officer, the administrative department or supervision organ thereof shall give him an administrative sanction or disciplinary sanction.
Article 33 Where any mountaineering team violates the provisions of Articles 25, 26, 27 or 28, the Administrative Department of Physical Education of the People's Government of Tibet Autonomous Region shall, according to the circumstances, give a warning respectively and order it to stop the relevant mountaineering, scientific inspection or mapping, confiscate the exemplars, samples and fossils as collected and the materials as formulated and impose thereupon a fine of 10, 000 yuan up to 50, 000 yuan.
Article 34 Where any party concerned is dissatisfied with any administrative punishment as given thereto, it may apply for an administrative review. Where it is dissatisfied with any decision on administrative review, it may file an administrative action according to law. Where any party concerned fails to apply for any administrative review or file an administrative action within a prescribed time limit or fails to perform any administrative decision within a time limit, the administrative organ that makes a decision on punishment may apply with the people's court for compulsory enforcement.
Chapter VI Supplementary Provisions
Article 35 The present Regulation shall come into force as of October 1, 2006. The Regulation on the Administration of Tibet Autonomous Region on Tibet Mountaineering by Foreigners as formulated on May 7, 1994 shall be simultaneously abolished.