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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II PLANNING AND CONSTRUCTION CHAPTER III USE AND SERVICE CHAPTER IV ADMINISTRATION AND PROTECTION CHAPTER V LEGAL LIABILITIES CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Regulation is formulated with a view to promoting the construction of public cultural and sports facilities, strengthening the administration and protection of public cultural and sports facilities, giving full play to the functions of public cultural and sports facilities, prospering the cultural and sports undertaking, and satisfying the basic needs of the masses in carrying out cultural and sports activities. Article 2. Public cultural and sports facilities mentioned in the present Regulation mean the public welfare libraries, museums, memorial halls, art galleries, cultural centers, stadiums (gymnasiums), youths' or children's palaces, workers' cultural palaces, and other buildings, places and equipment run by the people's governments at all levels or the non-governmental sectors, which are open to the public for carrying out cultural and sports activities. The term "administrative entity for public cultural and sports facilities" mentioned in the present Regulation means a public cultural and sports institution responsible for maintaining the public cultural and sports facilities, and providing services to the public in their cultural and sports activities. Article 3. The administrative entities for public cultural and sports facilities must adhere to the orientation of serving the people and the society, make full use of public cultural and sports facilities, spread scientific, technological and cultural knowledge beneficial to the improvement of national quality, economic development, social progress, and the carryout of civilized and healthy cultural and sports activities. No entity or individual may make use of public cultural and sports facilities to engage in the activities endangering public benefits. Article 4. The State shall build up public cultural and sports facilities in a planned way, and shall support the construction of public cultural and sports facilities in minorities areas, remote and poor areas, and rural areas. Article 5. The funds for the construction, maintenance and administration of the public cultural and sports facilities run by the people's government at each level shall be included in the investment plan and financial budget of the people's government at the same level on basic construction. Article 6. The State encourages non-governmental sectors such as enterprises, public institutions, social organizations and individuals, to run public cultural and sports facilities. The State encourages the setup of public funds for public cultural and sports facilities by means of voluntary donation, and encourages the lawful donation of properties to the people's governments, the public welfare institutions and the administrative entities for public cultural and sports facilities. The donator may enjoy preferences in accordance with the relevant provisions of the tax laws. The State encourages the opening of the cultural and sports facilities within organs or schools or other entities to the public. Article 7. The administrative department of culture and the administrative department of sports under the State Council shall, upon the duties prescribed by the State Council, be responsible for the supervision and administration of public cultural and sports facilities nationwide. The administrative department of culture and the administrative department of sports under the local people's government at the county level or above shall, upon the duties prescribed by the people's government at the same level, be responsible for the supervision and administration of public cultural and sports facilities within its own jurisdiction. Article 8. The entities and individuals that have made prominent contributions in the construction, administration and protection of public cultural and sports facilities shall be rewarded by the local people's government at the county level or above or the relevant department. CHAPTER II PLANNING AND CONSTRUCTION Article 9. The administrative department of development and reform under the State Council shall, jointly with the administrative department of culture and the administrative department of sports under the State Council, include the construction of public cultural and sports facilities nationwide into the plan on the national economy and social development. The local people's government at the county level or above shall include the construction of public cultural and sports facilities within its own jurisdiction into the plan on the local national economy and social development. Article 10. The quantity, category, scale and distribution of public cultural and sports facilities shall be in overall coordination and optimized allocation in light of the level of national economy and social development, population structure, environmental conditions and the needs in the development of the undertaking of cultural and sports, and shall conform to the provisions of the State on the quota of land used for urban and rural public cultural and sports facilities. The quota of land used for public cultural and sports facilities shall be made by the administrative department of land and the administrative department of construction under the State Council separately with the administrative department of culture and the administrative department of sports under the State Council. Article 11. The site selection for the construction of public cultural and sports facilities shall comply with the principles of dense population and convenient traffic. Article 12. The design of public cultural and sports facilities shall meet the requirements of being practical, safe, scientific, and artistic, and non-impediment measures shall be taken to facilitate the disabled. The specific norms for design shall be made by the administrative department of construction under the State Council jointly with the administrative department of culture and the administrative department of sports under the State Council. Article 13. Whoever needs to use State-owned land for the construction of public cultural and sports facilities may obtain the land by means of allotment upon approval in accordance with the law. Article 14. The pre-reserved land for construction of public cultural and sports facilities shall be included in the overall planning on utilization of land and the urban and rural planning by the administrative department of land and the administrative department of urban and rural planning under the local people's government at the county level or above in light of the relevant quota of the State on use of land, and be subject to examination and approval pursuant to the statutory procedures. No entity or individual may appropriate any pre-reserved land for construction of public cultural and sports facilities or divert it for any other use. If, under any special circumstance, the pre-reserved land for construction of public cultural and sports facilities needs to be adjusted, the urban and rural planning shall be adjusted in accordance with the law, and the pre-reserved land for construction shall be re-determined in accordance with the preceding paragraph. The re-determined pre-reserved land for construction of public cultural and sports facilities shall be no smaller than the original area. Article 15. In the newly built, rebuilt or extended residential quarter, corresponding cultural and sports facilities shall be built up in accordance with the relevant provisions of the State. The cultural and sports facilities auxiliary to a residential quarter shall be designed, constructed and put into use simultaneously with the major project of the residential quarter. No entity or individual may, without authorization, change the construction items and functions of the cultural and sports facilities, nor may it/he reduce the construction scale or decrease the land use quota. CHAPTER III USE AND SERVICE Article 16. The administrative entity for public cultural and sports facilities shall improve the conditions for providing services, set up and improve the service rules, provide services suitable for the functions and features of the public cultural and sports facilities, and guarantee the public cultural and sports facilities to be used for carrying out civilized and healthy cultural and sports activities. Article 17. The public cultural and sports facilities shall be opened to the public in light of their functions and features. The time of opening shall be appropriately staggered from the time for the local public's work and study. The time for opening the public cultural and sports facilities shall be no less than the minimum time period prescribed by the province, autonomous region, municipality directly under the Central Government. During the statutory holidays of the State and the winter and summer holidays of schools, the time for opening shall be appropriately extended. During the winter and summer holidays of schools, the administrative entity for public cultural and sports facilities shall add certain cultural and sports activities suitable for students. Article 18. The administrative entity for public cultural and sports facilities shall announce to the public its service items and time of opening. If the public cultural and sports facilities need to be temporarily suspended from opening due to maintenance or other reason, the said administrative entity shall announce to the public 7 days in advance. Article 19. The administrative entity for public cultural and sports facilities shall mark the ways of using the facilities and the points for attention at an eye-catching position. Article 20. The administrative entity for public cultural and sports facilities may charge fees appropriately when providing services, provided that the fee items and rates shall be approved by the relevant department under the people's government at the county level or above. Article 21. An administrative entity for public cultural and sports facilities that needs to charge fees shall, in light of the functions and features of the facilities, open the facilities to students, aged people and disabled people, free of charge or at a preferential price. The specific measures shall be formulated by the governmental authority of the province, autonomous region, municipality directly under the Central Government. Article 22. The administrative entity for public cultural facilities may lease the facilities for holding cultural activities such as exhibitions of cultural relics or works of art, and artistic trainings. The administrative entity for public sports facilities shall not use the major part of the facilities for non-sports activities, except that it is temporarily leased due to special circumstances such as public welfare activities or large cultural activities. The time of temporary lease shall not exceed 10 days in general; at expiry of the period for lease, the lessee shall restore the facilities, and shall not impact the functions or uses of those facilities. Article 23. The public shall, when using public cultural and sports facilities, abide by the public order, and treasure the public cultural and sports facilities. No entity or individual may damage the public cultural and sports facilities. CHAPTER IV ADMINISTRATION AND PROTECTION Article 24. The administrative entity for public cultural and sports facilities shall submit contents such as the name, address, service items, etc. of the public cultural and sports facilities to the administrative department of culture and the administrative department of sports under the people's government at the county level at its locality for record. The administrative department of culture and the administrative department of sports under the people's government at the county level shall announce to the public the directory of public cultural and sports facilities. Article 25. The administrative entity for public cultural and sports facilities shall set up and improve the safe administration system, equip itself with security facilities and staff in accordance with the law, ensure the intactness of the public cultural and sports facilities, and guarantee the safety of the public. The sports items in the public sports facilities with high professionalism and strict technical requirements shall meet the technical requirements prescribed by the State on safe services. Article 26. All income of the administrative entity for public cultural and sports facilities shall be used for the maintenance and administration of the public cultural and sports facilities, and the development of the undertaking, and shall not be diverted for any other use. The administrative department of culture, the administrative department of sports, the financial department and other relevant departments shall strengthen the supervision and administration of the income and expenditure of the administrative entities for public cultural and sports facilities in accordance with the law. Article 27. If, due to urban or rural construction, it is indeed necessary to dismantle any public cultural and sports facility or to change its functions or uses, the relevant local people's government shall, before making the decision, organize the experts to demonstrate the issue, and be consented by the administrative department of culture and the administrative department of sports under the people's government at the next higher level, and then submit the decision to the people's government at the next higher level for approval. If any large public cultural and sports facilities are involved, the people's government at the next higher level shall, before granting the approval, hold a hearing, and consult the opinions of the public. If it is approved to dismantle any public cultural and sports facility or to change any of its functions or uses, the public cultural and sports facility dismantled shall be rebuilt at a selected place in accordance with the relevant laws and administrative regulations of the State. The re-rebuilt public cultural and sports facility shall meet the requirements of the planning, and shall not be smaller than the original scale in general. For the relocation and rebuilding, the principle of rebuilding the new facilities before dismantling the old ones or that of rebuilding the former simultaneously with the latter shall be adhered to. The expenses needed in the relocation and rebuilding shall be borne by the entity that causes the relocation and rebuilding. CHAPTER V LEGAL LIABILITIES Article 28. If any of the administrative departments of culture, sports, urban and rural planning, construction, land, etc. or any of their functionaries does not implement its/his duties in accordance with the law or does not investigate in accordance with the law the illegal acts it/he finds, the liable persons in charge and other directly liable persons shall be imposed upon administrative sanctions in accordance with the law; if a crime is constituted, it/he shall be investigated for criminal liabilities in accordance with the law. Article 29. Whoever appropriates the pre-reserved land for construction of public cultural and sports facilities or divert it for other uses shall be ordered by the administrative department of land and the administrative department of urban and rural planning to get right within a time limit; if it/he fails to get right within the time limit, the organ making the decision shall apply to the people's court in accordance with the law for compulsory execution. Article 30. If any administrative entity for public cultural and sports facilities is under any of the following circumstances, the administrative department of culture and the administrative department of sports shall, upon their respective duties, order it to get right within a time limit; if it causes a serious consequence, the liable persons in charge and other directly liable persons shall be imposed upon administrative sanctions in accordance with the law: (1) It fails to open the facilities to the public during the prescribed minimum time period; (2) It fails to announce its service items, time of opening or other particulars; (3) It fails to mark the ways of using the facilities and the points for attention at an eye-catching position; (4) It fails to set up and improve the safe administration system for the public cultural and sports facilities; or (5) It fails to submit contents such as the name, address, service items, etc. of the public cultural and sports facilities to the administrative department of culture and the administrative department of sports for record. Article 31. If any administrative entity for public cultural and sports facilities commits either of the following acts, the administrative department of culture and the administrative department of sports shall, upon their respective duties, order it to get right within a time limit and confiscate its illegal proceeds; if the illegal proceeds are no less than 5,000 Yuan, a fine of not less than twice but not more than 5 times the illegal proceeds shall be imposed in addition; if there are no illegal proceeds or the illegal proceeds are less than 5,000 Yuan, a fine of less than 10,000 Yuan may be imposed; the liable persons in charge and other directly liable persons shall be imposed upon administrative sanctions in accordance with the law: (1) Carrying out activities not suitable for the functions and uses of the public cultural and sports facilities; or (2) Leasing the public cultural and sports facilities in violation of the present Regulation. Article 32. If any administrative entity for public cultural and sports facilities or any of its staff violates the present Regulation by misappropriating the income of the administrative entity for public cultural and sports facilities or by failing to perform its/his obligation of maintenance on the condition that it/he is able to maintain the said facilities, the administrative department of culture and the administrative department of sports shall, upon their respective duties, order it/him to get right within a time limit; the liable persons in charge and other directly liable persons shall be imposed upon administrative sanctions in accordance with the law; if a crime is constituted, it/he shall be investigated for criminal liabilities in accordance with the law. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 33. If the cultural and sports facilities within State organs or schools or other entities are opened to the public, the administrative department of culture and the administrative department of sports under the State Council shall, jointly with the relevant department, separately formulate the administrative measures following the principles in the present Regulation. Article 34. The present Regulation shall come into force on August 1, 2003. |
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