State Council Promulgates the Regulations on Security Administration of Large-Scale Mass Activities

Order of the State Council [2007] No. 505

September 14, 2007

The Regulations on Security Administration of Large-Scale Mass Activities adopted at the 190th Executive Meeting of the State Council on August 29, 2007, are hereby promulgated, and shall come into effect as of October 1, 2007.

Premier: Wen Jiabao

Appendix: Regulations on Security Administration of Large-Scale Mass Activities

Chapter I General Provisions

Article 1 The Regulations are formulated in order to strengthen the safety administration of large-scale mass activities, ensure the safety in life and property of Chinese nationals, and maintain the public order and security.

Article 2 Large-scale mass activities as mentioned in the Regulations refer to the following activities that the legal persons or other organizations hold for the public with the participants expected to reach 1,000 or more:
1. Sports competition;
2. Concert, music concert and other art performances;
3. Exhibition and spot sale;
4. Garden party, lantern festival, temple fair, flower show, fireworks show and other activities; and
5. Career fair, field lottery sale, etc.
The Regulations are not applicable to activities held by movie theaters, concert halls, parks, or entertainment venues which belong to their routine business scope.

Article 3 The security administration of large-scale mass activities shall conform to the policy of security first and prevention first, and follow the principle of undertaker accountability and government regulation.

Article 4 The public security organs of the people's governments at or above the county level shall be responsible for the security administration works of large-scale mass activities.
Other relevant competent departments of the people's governments at or above the county level shall be responsible for the relevant security works in line with their respective responsibilities.

Chapter II Security Responsibility

Article 5 The undertaker of large-scale mass activities (hereinafter referred to as undertaker) shall be responsible for the activity's security, with the principal of undertaker serving as the person in charge of the security of large-scale mass activities.

Article 6 For the holding of large-scale mass activities, the undertaker shall prepare its safety work plan.
The security work plan for large-scale mass activities includes the following contents:
1. Time, place, content and organization of the activities;
2. Quantity, task assignment and identification mark of security personnel;
3. Fire-fighting measures of the sites;
4. The containable personnel number of the sites and predicted participants;
5. Setup of security buffer and its identification;
6. Ticket and certificate inspection for admission personnel and security inspection measures;
7. Vehicle parking and evacuation measures;
8. Spot order maintenance, personnel evacuation measures; and
9. Emergency rescue program.

Article 7 The undertaker shall be in charge of the following detailed security issues:
1. Carry out the security work plan and security responsibility system of large-scale mass activities, definite the security measures and job description of security personnel, and promote the safety propaganda and education of large public events;
2. Guarantee the security of provisionally built facilities and buildings, to eliminate the security risks;
3. In the light of the requirements specified by the public security organ in charge of the permission, provide necessary security inspection equipments to implement the security inspection to large-scale mass activities participants; as for the participant who refuses to accept the security inspection, the undertaker has the right to reject the entering;
4. Give out or sell the tickets by virtue of the approved containable personnel number and designated area in the site;
5. Implement the emergency rescue measures for medical treatment, fire extinction and emergency evacuation and organize drills;
6. Stop the behaviors hindering the large public events promptly, and report all illegal and criminal activities discovered to the public security organs without delay;
7. Allocate the professional security personnel and other security personnel satisfying the security work demand of large-scale mass activities; and
8. Provide necessary guarantees for the safety work of large-scale mass activities.

Article 8 The arena administrator of large-scale mass activities shall be in charge of the following safety issues:
1. Ensure that the arena and facilities conform to the national security standard and security requirement;
2. Guarantee that the evacuation route, emergency exit, fire engine passage, emergency broadcast, emergency lighting and evacuation indication sign meet the provisions of laws, regulations and technical standard;
3. Ensure the completion, perfection and validity of monitoring equipment, fire fighting device and equipment; and
4. Supply necessary parking space and maintain the security order.

Article 9 The large-scale mass activities participants shall abide by the following regulations:
1. Observe the laws, regulations and social morality, and do not hinder the social security or disturb the social order;
2. Conform to the security, fire fighting and other management systems for large-scale mass activities sites, accept the security inspection, and prohibit to take the explosive, flammable, radioactive, poisoned and corrosive hazardous substances or carry the gun, ammunition or controlled instruments illegally; and
3. Obey the security administration, and prohibit displaying the insulting slogans or banners, sieging the referee, athlete or other working personnel, or hurling the litter.

Article 10 The public security organs shall perform the following responsibilities:
1. Examine and verify the application materials for large-scale mass activities submitted by the undertaker and implement the security licenses;
2. Prepare the safety supervision plan and emergency disposal plan for large-scale mass activities;
3. Guide the education and training for security personnel;
4. Before the holding of large-scale mass activities, carry out the security inspection to the site, and order for rectification in time when discovering any security risk;
5. During the holding of large-scale mass activities, carry out the supervisory inspection to the implementation of security works, and order for rectification in time when discovering any security risk; and
6. Investigate and punish the illegal and criminal activities in large-scale mass activities according to the law, and manage the emergency endangering public security.

Chapter III Security Administration

Article 11 The public security organs shall implement safety permit system on large-scale mass activities. Where security administration of performances is otherwise provided by the Administrative Regulations on Profit-making Performances, such provisions shall prevail.
Organizing a large-scale mass activity shall conform to the following conditions:
1. Organizers shall be legal persons or other organizations established in accordance with legal procedures;
2. Contents of a large-scale mass activity shall not violate the Constitution, laws and regulations, and shall not be in violation of public morality;
3. Security work programs shall be provided in line with the provisions of these regulations with clear responsibilities for security and effective measures; and
4. Places and facilities for the activities shall meet the security requirements.

Article 12 Where the large-scale mass activity has the expected number of participants larger than 1,000 but lower than 5,000, the safety permit shall be implemented by the local public security organ of the people's government at the county level; for the expected number of participants over 5,000, the safety permit shall be implemented by the local public security organ of the people's government of the city with districts or municipality; in case the large-scale mass activity crosses provinces, autonomous regions or municipalities, the security permit shall be implemented by the public security department of the State Council.

Article 13 Organizers shall apply for security permit 20 days before the date when the activity is held, and shall submit the following materials when making the application:
1. Certificates for the legal establishment of the organizers and identity proofs of the personnel in charge of safety;
2. Programs and instructions of a large-scale mass activity, as well as the agreement on joint holding of the activity in case of two organizers or more;
3. Safety work programs of a large-scale mass activity; and
4. Certificates of the activity site managers' agreement to provide the places for activities.
The organizers shall submit the certificates of their aptitudes and qualifications if there are such requirements of a large-scale mass activity from the relevant competent departments according to the law and administrative regulations.

Article 14 The public security organs shall make the decision to accept or not to accept as soon as they receive the application materials according to the law. For the applications accepted, the public security organs shall review the applications within 7 days after the date of acceptance and shall examine the activity site. Such organs shall make a decision to approve the applications in case the security conditions are satisfied, and, if the security conditions are not satisfied, shall make a decision not to approve the applications and state the reasons thereof in writing.

Article 15 For a large-scale mass activity with a security permit, the organizers shall not be allowed to change the time, location or content or to expand the scale of the activity without authorization.
To change the time of a large-scale mass activity, the organizers shall apply to the public security organs that have made the decisions to grant the permit before the scheduled time and shall not make any change before the approval of the public security organs.
To change the location and content of a large-scale mass activity or expand the scale of such activity, the organizers shall re-apply for security permit in accordance with the provisions of these regulations.
To cancel a large-scale mass activity, the organizers shall inform the public security organs that have made the decisions to grant permits prior to the scheduled time in writing and shall turn in the security permit certificates issued by the public security organs that approve the holding of the large-scale mass activity.

Article 16 For a large-scale mass activity with the security permit, the public security organs shall organize the appropriate police forces according to the security needs to maintain the public security and traffic order at and around the activity sites, to prevent and respond to the emergency security incidents, and to investigate and deal with illegal and criminal activities.

Article 17 The public security organs' functionaries in charge of the implementation of safety management at the sites of a large-scale mass activity shall enter the sites with duty certificates to perform security management responsibilities according to the law.
The public security organs and other competent departments and their functionaries shall not ask the organizers for tickets.

Article 18 The organizers shall stop the ticket checking immediately if the attendants of the activities are found to exceed the approved number; and shall refuse the entry of those who hold the tickets beyond the designated areas or fake tickets and report the same to the functionaries of the public security organs at the site.

Article 19 Where any public security accident or public security case occurs during a large-scale mass activity, the personnel in charge of security shall immediately start emergency rescue plans and immediately report the same to the public security organs.

Chapter IV Legal Liability

Article 20 If the organizers, without authorization, change the time, location or content of a large-scale mass activity or expand the scale of the large-scale mass activity, the public security organs shall impose a fine of more than CNY10,000 but less than CNY50,000; and the illegal incomes shall be confiscated if any.
The large-scale mass activity without the security permit of the public security organs shall be banned by the public security organs and the organizers shall be liable to a fine of more than CNY100,000 but less than CNY300,000.

Article 21 If the organizers or the place managers of a large-scale mass activity violate the provisions of these regulations and cause significant casualties and public security cases or cause other serious consequences to constitute a crime, they shall be investigated for criminal liability according to the law; if a crime is not constituted, sanctions and administrative penalties shall be given to the personnel in charge of safety and other personnel directly in charge, and a fine of more than CNY10,000 but less than CNY50,000 shall be imposed on such entities.

Article 22 If public security incidents occur during a large-scale mass activity and the personnel in charge of security fail to start emergency rescue plans or to report to the public security organs immediately, the public security organs shall impose a fine of more than CNY5,000 but less than CNY50,000 on the personnel in charge of safety and other personnel directly in charge.

Article 23 Any participant of a large-scale mass activity in violation of the provisions of Article 9 shall be criticized and educated by the public security organs; in case his behaviors endanger the public order and threaten the public security, the public security organs may forcibly take him away from the spot and impose an administrative penalty thereon according to the law; if a crime is constituted, he shall be investigated for criminal liability according to the law.

Article 24 If the functionaries and leading personnel directly in charge of the competent departments have the conducts involving abusing power, neglecting duties or engaging in malpractices for personal gains in performing their responsibility of safety administration during a large-scale mass activity, they shall be given sanctions according to the law; if a crime is constituted, they shall be investigated for criminal liability according to the law.

Chapter V Supplementary Provisions

Article 25 With regard to security and safeguard work of large-scale mass activities directly organized by the people's governments at or above the county level or the departments under the State Council, the people's governments and the departments under the State Council that organize the activities shall be in charge of such work, and shall not implement the security permit system, provided that they shall, in accordance with the relevant provisions of these Regulations, instruct or cooperate with the relevant public security organs to formulate more stringent the security and safeguard work programs and organize the implementation thereof.

Article 26 These Regulations shall come into effect as of October 1, 2007.