Regulations of Beijing Municipality on Security Management of Large-Scale Social Activities

• Document Number：Announcement No. 37 of the Standing Committee of the People's Congress of Beijing Municipality
• Area of Law： Public Security
• Level of Authority： Provincial Local Regulations
• Date issued：09-09-2005
• Effective Date：11-01-2005
• Status： Effective
• Issuing Authority： Beijing Municipal People's Congress (incl. Standing Committee)

Announcement of the Standing Committee of the People's Congress of Beijing Municipality
(No. 37)
The Regulations of Beijing Municipality on Security Management of Large-Scale Social Activities, adopted at the 22nd Meeting of the Standing Committee of the Twelfth People's Congress of Beijing Municipality on September 9, 2005, is hereby promulgated and shall come into effect on November 1, 2005.
Standing Committee of the 12th Municipal People's Congress of Beijing
September 9, 2005
Regulations of Beijing Municipality on Security Management of Large-Scale Social Activities(Adopted at the 22nd Meeting of the Standing Committee of the Twelfth People's Congress of Beijing Municipality on September 9, 2005)
Contents
CHAPTER I GENERAL PROVISIONS
CHAPTER II SECURITY RESPONSIBILITIES
CHAPTER III SECURITY PERMISSION
CHAPTER IV SECURITY STANDARDS
CHAPTER V LEGAL LIABILITIES
CHAPTER VI SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS
Article 1 These Regulations are formulated by taking into account the particular situations of this Municipality, for the purposes of strengthening public security management of large-scale social activities, maintaining the social order, public security and social stability of the Capital, protecting the security of the state and collective property and the life and property of the citizens, and promoting the coordinated development of the economy and the society.
Article 2 These Regulations apply to the security management of the large-scale social activities held within the administrative region of this Municipality. Where there are provisions otherwise stipulated in laws and regulations on safe production, fire control, assemblies, processions and demonstrations and on other matters, such provisions shall apply.
The large-scale social activities (hereinafter referred to as large-scale activities) mentioned in the above paragraph refer to such social activities as theatrical performances, sports matches, exhibitions and commodities fairs, HR Expos, fairs, lantern festivals and garden parties held for the public in the spaces and fields rent, borrowed or temporarily obtained in other ways by the sponsors.
Article 3 The security work of large-scale activities shall adhere to the policy of Security First, Prevention First and the principle of the sponsor being responsible, the sponsor shall be in charge of the overall security work.
Article 4 Security permissions shall be carried out to large-scale activities with more than 1,000 participants in this Municipality.
Article 5 The people's governments at all levels in this Municipality shall strengthen the leadership of the security work of large-scale activities, urge the relevant governmental departments to carry out the supervision and management responsibilities of the security work of large-scale activities according to law, make timely coordination to solve the major problems in the security management of large-scale activities.
The public security organs of this Municipality are the implementing organs of the safe permissions, they shall carry out the supervision and management on the security work of large-scale activities.
The relevant governmental departments on safe production, public security, fire control, traffic, quality and technology supervision, commerce, culture, sports, education, tourism and gardening of this Municipality shall carry out supervision and management on the security work of large-scale activities according to the provisions of laws and regulations and their responsibilities specified by the Municipal People's Government.
Article 6 The people's governments at the municipal, district and county levels and their relevant departments shall strengthen the propaganda of laws, regulations and security knowledge related to the security of large-scale activities in multiple forms so as to strengthen the security conscience and security capabilities of the relevant units, individuals and the public.
CHAPTER II SECURITY RESPONSIBILITIES
Article 7 The sponsors of large-scale activities shall carry out the following security responsibilities:
(1) to carry out security risk estimation or evaluation, to draw up plans for security work and emergency plans for the treatment of unexpected incidents;
(2) to set up and carry out security responsible systems, to designate the security responsible persons and to make clear the security measures and positional responsibilities;
(3) to allocate professional security workers such as the professional security personnel in accordance with the need of the security work of large-scale activities;
(4) to provide necessary material safeguards to the security work of large-scale activities;
(5) to organize and carry out on-the-spot security work, to carry out security examinations and to timely eliminate the hidden dangers to security when finding them;
(6) to carry out security propaganda and education to the participants of large-scale activities, to timely persuade and prevent the activities that hinder the order of large-scale activities, and to make timely report to the public security organs when finding illegal or criminal activities;
(7) to accept the guidance, supervision and examinations of such relevant governmental departments as the public security organs and to timely eliminate the hidden dangers to security.
Where there are hosts of large-scale activities, the sponsors shall sign security agreements with the hosts to make clear their specific responsibilities concerning the contents in the above paragraph. The hosts shall carry out the security work together with the sponsors according to the responsibilities regulated in the security agreements.
Article 8 The providers of the places for large-scale activities shall carry out the following security responsibilities:
(1) to ensure that the places and equipments for large-scale activities are in accordance with the national security standards and fire control, and to provide the sponsors with the materials and certificates related to the using security of the places such as the verified personal volume, security passages, entrances, exits and the power supply systems;
(2) to set up clear signals at the security entrances, exists and passages and to ensure their smoothness;
(3) to set up the security slow passages and necessary security examination facilities and equipments according to the security requirements;
(4) to allocate the emergency broadcasting and lighting facilities and to ensure that they are sound and effective;
(5) not to occupy and put into other uses the parking facilities and to maintain the security order;
(6) to ensure that the security facilities are in accordance with the security requirements of large-scale activities.
Article 9 The public security organs shall carry out the following responsibilities in the security supervision and management work of large-scale activities:
(1) to draw up the working standards and norms of the security permissions and security supervision and management of large-scale activities and to promulgate them to the public;
(2) to draw up the security supervision plans of large-scale activities and emergency plans for unexpected incidents;
(3) to set up the record system of the bad security information in large-scale activities and publicize to the public;
(4) to verify the application materials for the permissions and to carry out on-the-spot inspections on the places for the activities;
(5) to organize special security examinations on the places for the activities before the holding of the large-scale activities and to order the responsible persons to make corrections where hidden dangers to security are found;
(6) to carry out guidance, supervision and examinations of the implementation of the security work in the process of large-scale activities and to order the responsible persons to make corrections where hidden dangers to security are found;
(7) to carry out security propaganda and education to the security workers;
(8) to make timely treatment where there are disorders on the spot which may lead to security accidents or emergencies harmful to the public security and other unexpected incidents;
(9) to investigate and deal with the illegal or criminal activities in large-scale activities according to law.
CHAPTER III SECURITY PERMISSION
Article 10 Where large-scale activities have one of the following conditions, the sponsors shall apply for security permissions to the public security organs 20 working days before the holding of large-scale activities:
(1) planning to print, issue or sell more than 1,000 tickets;
(2) organizing more than 1,000 participants;
(3) with more than 1,000 estimated participants.
The ceremonies and commemorative activities sponsored by the people's governments at the municipal, district or county levels do not need to apply for security permissions.
Article 11 Where large-scale activities have one of the following conditions, the sponsors shall apply for security permissions to the public security organs:
(1) the places are across districts or counties;
(2) the places for theatrical performances or sports matches have more than 10,000 fixed seats;
(3) the exhibitions or commodities fairs participated by individuals or organizations from other countries or areas and have a total booths of more than 500.
As to the other large-scale activities apart from those regulated in the above paragraph, the sponsors shall apply for security permissions to the public security organs of the regions or counties where large-scale activities are held.
Article 12 When applying for security permissions of large-scale activities, the sponsors of large-scale activities shall submit the following materials to the public security organs:
(1) the legal person certificates of the sponsors, the ID certificates of the legal representatives or, in case the sponsors are natural persons, the lawful and valid ID certificates of the sponsors;
(2) where there are hosts, the legal person certificates or ID certificates of the hosts;
(3) the renting or borrowing agreements of the places, the plane figures of the scenes for large-scale activities;
(4) the samples of the certificates and tickets to be used in large-scale activities;
(5) the estimation or evaluation reports of the security risks, plans for security work and emergency plans for the treatment of unexpected incidents;
(6) where the dates or times of large-scale activities need to be changed, the changing plans;
(7) where there are hosts, the security agreements signed by the sponsors and the hosts;
(8) where large-scale activities need to be approved by the relevant departments beforehand, the approval documents;
(9) other certificate materials related to the security work of large-scale activities.
Article 13 The plans for security work of large-scale activities shall include the following contents:
(1) dates, times, locations, amount of the persons and contents of large-scale activities;
(2) the organizational system of security work;
(3) amount, positional responsibilities of the security workers;
(4) the security measures for fire control of the buildings and facilities in the places;
(5) the measures for the parking and directing of the vehicles;
(6) the measures for the printing and checking of the tickets;
(7) the measures for the maintenance of the order at the scene and the directing of the persons;
(8) other contents related to security work.
Article 14 The public security organs shall, within 10 working days since accepting the applications for security permissions, to make examinations of the materials submitted by the applicants, make on-the-spot verifications of the places and facilities of large-scale activities, make decisions of approval of non-approval and notify the applicants in written forms; reasons shall be explained where the applications are not approved. Where the public security organs can not make decisions within 10 working days, 10 more days may be prolonged with the responsible persons of the organs, the reasons for the putting off shall be notified to the applicants.
Where the sponsors apply to hold several large-scale activities with the same contents at the same places within the same year, the public security organs may approve once for all.
Article 15 Where large-scale activities meet the following requirements, the public security organs shall grant security permissions:
(1) the sponsors have lawful identities;
(2) the contents are in accordance with the provisions of laws and regulations;
(3) the places and facilities meet the security requirements;
(4) the security responsibilities are clear, the measures are effective;
(5) other requirements regulated by laws and regulations.
Article 16 Where large-scale activities have one of the following conditions, the public security organs shall not grant security permissions:
(1) not in accordance with one provisions of Article 15 of these Regulations;
(2) harmful to the national security or social welfares;
(3) affecting national, foreign, military or other serious activities;
(4) seriously hindering the security order of the road traffic or the public order of the society.
Article 17 Where the dates or times of large-scale activities need to be changed, the sponsors shall submit applications for change to the public security organs granting the administrative permissions 5 working days in advance; where the places or contents of large-scale activities need to be changed, the sponsors shall submit applications for change to the public security organs granting the administrative permissions 10 working days in advance. Where the applications are in accordance with these Regulations, the public security organs shall timely go through the procedures for change.
Where large-scale activities are cancelled, the sponsors shall notify the public security organs granting the administrative permissions 5 working days in advance.
Article 18 Where the objective conditions as the basis for granting security permissions have gone through great changes and for the need of public interests, the public security organs granting the administrative permissions may change or withdraw the valid security permissions and notify the sponsors in time. Where property losses are caused to the sponsors because of this, the sponsors shall be compensated according to law.
CHAPTER IV SECURITY STANDARDS
Article 19 Where large-scale activities having been promulgated to the public need to be changed or cancelled, the sponsors should make it public through such media as newspapers, TV or broadcast and properly handle the remaining problems.
Article 20 The sponsors of large-scale activities should abide by the following provisions:
(1) not to transfer the holding rights to others;
(2) to hold large-scale activities according to dates, times, locations and contents after security permissions;
(3) not to print, issue or sell tickets surpass the security volume verified by the public security organs;
(4) where the tickets are sold publicly, to take such security measures as fake-proof tickets and ticket checking at the scene;
(5) to set up safe and effective machine-reading facilities and equipments for tickets checking;
(6) to ensure the security of the facilities and equipments temporarily built, fixed or hung.
The sponsors of large-scale activities may buy the public liability insurance.
Article 21 In the process of large-scale activities, the sponsors shall carry out all security measures, allocate enough workers to maintain the order at the scene, and may apply for help to the public security organs when necessary. Where the people are relatively gathered, the sponsors shall take measures to control and direct the people so as to ensure the amount of the participants is within the permitted scope of the security conditions.
Article 22 The security workers at the scenes of large-scale activities shall abide by the following provisions:
(1) to master all the contents of the plans for security work and emergency plans for the treatment of unexpected incidents;
(2) to familiarly use the emergency broadcasting and directing systems;
(3) to familiarly use the fire control tools, to be familiar with the locations of the security entrances and exits and the evacuating passages, to understand the emergency rescue measures of their positions;
(4) to master and use other security work measures.
Article 23 The participants of large-scale activities shall abide by the following provisions:
(1) to abide by the relevant laws, regulations and rules;
(2) to abide by the management systems of the scenes of large-scale activities;
(3) to consciously accept the security checks and obey the management;
(4) no to affect the proper order of large-scale activities or hinder the public security;
(5) to obey the public morality.
Article 24 The public security organs shall carry out timely security examinations on the places of large-scale activities, fill in the Registration Form of the Security Examinations of Large-Scale Social Activities, and record the conditions and results of the security examinations, these documents shall be signed by the examination personnel, the sponsors of large-scale activities and the providers of the places and put into file. When necessary, the public security organs my carry out examinations together with the departments for safe production, public security, fire control, quality and technology supervision.
Where the supervision and examination personnel find hidden dangers to security in the places of large-scale activities, they shall fill in the Notice of the Hidden Dangers to Security of the Places of Large-Scale Social Activities, put forward the views for reform and consolidation, and order the sponsors to eliminate the hidden dangers to security at once or within a fixed period.
Article 25 The public security organs may, according to the need of public security, organize the security examinations on the vehicles and persons getting into the places of large-scale activities.
The personnel carrying out the security examinations are forbidden to engage in the activities not related to the security examinations and to commit the activities that infringe the lawful rights and interests of the persons being examined.
CHAPTER V LEGAL LIABILITIES
Article 26 Where the sponsors of large-scale activities or the providers of the places violate the provisions of Paragraph 1 of Article 7, Article 8 and Item 6 of Article 20 of these Regulations, the public security organs or other relevant departments shall order them to make corrections within a fixed period; where they do not make corrections within the fixed period, the public security organs shall order them to stop or partially stop large-scale activities, and impose a fine of not less than 10,000 Yuan nor more than 50,000 Yuan.
Article 27 Where the sponsors of large-scale activities violate the provisions of these Regulations and hold large-scale activities without getting security permissions, or violate the provisions of Paragraph 1 of Article 17, change the places or contents of large-scale activities without getting permissions, the public security organs shall outlaw them, confiscate the illegal gains and impose a fine of not less than 30,000 Yuan nor more than 50,000 Yuan; where serious results are caused, a fine of not less than 50,000 Yuan nor more than 100,000 Yuan shall be imposed.
Article 28 Where the sponsors of large-scale activities violate the provisions of Paragraph 1 of Article 17, change the dates or times of large-scale activities without getting permissions, or violate the provisions of Items 1, 3, 4, and 5 of Article 20, the public security organs shall outlaw them, confiscate the illegal gains and impose a fine of not less than 10,000 Yuan nor more than 30,000 Yuan; where serious results are caused, a fine of not less than 30,000 Yuan nor more than 50,000 Yuan shall be imposed.
Article 29 Where the sponsors of large-scale activities received 2 administrative punishments in 24 months because security responsible accidents happen in large-scale activities or the sponsors violate the provisions on security management of the relevant laws and regulations, the sponsors shall not get security permissions within 24 hours after receiving the second administrative punishment.
Article 30 Where the participants of large-scale activities violate the provisions of Article 23 of these Regulations, the public security organs may give them criticism or education; those who seriously harm the social security order or threaten the public security may be taken away from the scene by force; where there are activities in violation of the Regulation of the People's Republic of China on Administrative Penalties for Public Security, punishment shall be imposed upon according to the relevant provisions of the People's Republic of China on Administrative Penalties for Public Security.
Article 31 Where security responsible accidents are caused by large-scale activities sponsored by the people's governments at all levels and their departments, the administrative punishments shall be given to the responsible persons; where crimes are committed, the criminal responsibilities shall be investigated according to law.
Article 32 Where any functionary of the public security organs or the relevant supervision and management departments abuses his power, neglects his duty or engages in malpractice for personal gains, his superior organ or the surveillance organs shall order him to make corrections; where the circumstances are serious, the administrative punishments shall be given to the competent personnel directly responsible or other personnel directly responsible according to law; where crimes are committed, the criminal responsibilities shall be investigated according to law.
CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 33 These Regulations shall enter into force as of November 1, 2005.