Measures for the Administration of the Sports Market Blacklist

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Source: http://www.sport.gov.cn/n316/n336/c870530/content.html

Article 1: These Measures are formulated on the basis of the "People's Republic of China Sports Law", the "People's Republic of China Administrative Permts Law", the "People's Republic of China Open Government Information Regulation", the "Regulation on National Fitness ", and other relevant laws and regulations, so as to further regulate order in the sports market, to advance supervision and management of information disclosure in sports, to accelerate the establishment of a creditworthiness system in sports, and to promote the sustainable and healthy development of the sports industry.

Article 2: 'Sports market blacklist management' as used in these measures is a comprehensive terms that refers to measures such as including sports business entities and practitioners that seriously violate laws, regulations, or rules in a sports market blacklist, publishing this to the public for a set period of time, and carrying out credit restrictions and joint disciplinary action.

Article 3: The General Administration of Sport is responsible for drafting Measures on the management of the sport market blacklist and guiding the entire nation's sports market blacklist management efforts. The competent departments for sport of provincial-level people's governments are to establish sports market blacklists within their administrative regions, and are responsible for management work such as sports market blacklist entries and removals, information collection and release, and establishing boxes for receiving reports.

Article 4: The competent departments for sport of provincial-level people's governments shall follow the principles of compliance with laws and regulations, objectivity and timeliness, and fairness and justness, in managing the sports market blacklist in their jurisdictional region, and shall accept societal oversight.

Article 5: The competent departments for sport of provincial-level people's governments shall enter business entities or practitioners with any of the following situations into the sports market blacklist.

(1) Not obtaining administrative permits when required to do so, engaging in sports business activities without authorization, or not making corrections within the set period of time as required;

(2) Obtaining administrative permits related to sports business activities by employing fraud, bribery or other improper methods;

(3) Receiving a fine or higher administrative punishment from administrative organs during sports business activities;

(4) Receiving administrative punishments from administrative organs during sports business activities twice or more within one year;

(5) Bearing primary responsibility for the occurrence of major doping violations, major safety incidents, or so forth;

(6) Having been listed as judgment defaulters by the people's courts;

(7) Where it is required by provincial local regulations or other provincial-level government rules, requiring entry on a blacklist or list of the seriously untrustworthy;

(8) Others that laws, regulations, rules, or normative documents provide shall be listed in the sports market blacklist.

Article 6: The competent departments for sport of all levels of people's government may use multiple channels such as open government information, government information sharing mechanisms, and people's court websites, to obtain information on circumstances provided for in article 5.

Article 7: The competent departments for sport for people's governments below the provincial-level shall promptly sent businesses and practitioners in their administrative region that meet the requirements of article 5 to the provincial people's government's competent department for sports.

Article 8: Business entities' information includes their name, domicile, unified social credit code, the full name of their legal representative or other persons, the relevant matters, and so forth.

Practitioner information includes their full names, identification number, the relevant matters, and so forth.

Article 9: The competent departments for sport of provincial-level people's governments shall investigate and verify the information on business entities and practitioners listed on the sports market blacklist, to ensure the information is complete and correct.

Article 10: The sports market blacklist shall be published through one or more of the following methods:

(1) Publicly disclosed through news media;

(2) Released to the public through the competent departments for sport of provincial-level people's governments official websites;

(3) Released through government information sharing mechanisms such as the national credit information sharing platform, the national enterprise credit information announcement system and so forth.

The competent departments for sport of provincial-level people's governments shall report information entered in to sports market blacklist to the General Administration of Sport within 5 business days, and the General Administration of Sport will summarize the information from the local sports market blacklists across the nation and disclose it in a special column on its official website.

Article 11: The period of disclosure, and the period for entry of business entities and practitioners on the sports market blacklist, is generally 3-36 months from the date of announcement. The specific time period is to be determined on the basis of the seriousness of the situation.

Article 12: The following supervision and management measures may be taken against business entities and practitioners on the sports market blacklist during the period of disclosure:

(1) make it an indicator in credit supervision and management assessments, lowering their credit level when annual credit assessments are done;

(2) Implement differentiated models of routine supervision and management, making them major targets for inspection when making routine inspections and increasing the frequency of inspections;

(3) Restrict policy supports, making it a negative factor when determining policy pilots, policy-type capital support, and other targets;

(4) Restrict participation in government projects, making it a negative factor during activities such as government procurement, government investment project bidding and tendering, public sports resource transactions, and so forth;

(5) Restrict participation in commendation and award activities, and revoke standing for selection as outstanding or high quality in the sports market;

(6) Include them in mechanisms for prohibiting industry access or expulsion, prohibit entry in professional sporting activities, and where they have already entered, compel withdrawal through the access systems.

(7) Heavy punishments shall be given where relevant violations of law or regulations occur several times.

(8) Report business entities and practitioners that have been entered into the sports market blacklist to the relevant departments, to carry out joint disciplinary action.

(9) Other supervision and management measures provided by laws or regulations.

Article 13: The competent departments for sport of provincial-level people's governments shall notify parties of inclusion on the sports market blacklist within 5 working days, and inform them of their rights to make statements or defenses.

Within 10 working days of receiving the notice, parties have the right to submit statements, defenses, and relevant materials to the competent departments for sport of provincial-level people's governments.

Article 14: Where business entities or practitioners submit written statements or defenses within the time allowed, the relevant competent departments for sport of provincial-level people's governments shall respond in writing within 15 working days.

Where the grounds of the statement or defense are accepted, the relevant content of the sports industry blacklist shall be promptly adjusted, the period for disclosure changed, or the entry to the blacklist cancelled. Where the grounds of the statement or defense are not accepted, the parties shall be informed.

The period for defenses does not impact the disclosure and management of the sports market blacklist.

Article 15: Where the legal documents on which entry into the sports market blacklist is based are modified or withdrawn, the relevant competent department for sports shall adjust the relevant blacklist content, change the period for disclosure, or cancel the entry into the blacklist within 5 working days of their knowing.

Article 16: Where the period of disclosure of a business entity or practitioner's entry onto the sports market blacklist is complete, the competent departments for sport of provincial-level people's governments are to organize supervisory inspections.

Where they do not discover that any circumstances provided for in article 5 occurred during the disclosure period, the relevant competent department for sport shall promptly remove the business entity or practitioner from the sports market blacklist.

If circumstances provided for in article 5 are discovered to have occurred during the disclosure period, the disclosure period may be extended in light of the circumstances.

Article 17: The competent departments for sport of provincial-level people's governments are to establish a comittee for reviewing and ratifying the sports market blacklist, comprised of that departments staff, legal experts, sport business entitites, sports practitioners, consumer representatives, and others representatives, to be primarily responsible for reviewing whether business entitities and practitioners information is entered into the sport market blacklist, confirming the disclosure periods, receiving parties' statements and defenses, and other such matters.

Article 18: Encourage all kinds of media, social organizations, and citizen to conduct supervision of sports market activities, and where there are situations provided for in article t, they may report them to the competent departments for sport of all levels of people's government.

Article 19: Where in the course of sports market blacklist management the employees of competent departments for sport of any level people's governments abuse their authority, derelict their duties, or twist the law for personal gain, responsibility shall be pursued in accordance with law.

Article 20: On the basis of these Measures, the competent departments of sport for provincial-level people's governments shall draft measures on the management of sports market blacklists that are appropriate for actual conditions.

Article 21: These measures are to be implemented from their date of issue, and are effective for 5 years.

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