Regulations of Shanghai Municipality on Physical Fitness of Citizens

(Approved at the 24th Session of the Standing Committee of the 11th Shanghai Municipal People’s Congress on December 15, 2000; first amended based on the Decision on the Amending Regulations of Shanghai Municipality on Physical Fitness of Citizens adopted at the 5th Session of the Standing Committee of the 12th Shanghai Municipal People’s Congress on June 26, 2003;revised at the 33th Session of the Standing Committee of the 13th Shanghai Municipal People’s Congress on April 19, 2012; second amended based on the Decision of the Standing Committee of Shanghai Municipal People’s Congress on the Decision on Amending Certain Local Regulations made at the 41st Session of the Standing Committee of the 14th Shanghai Municipal People’s Congress on November 23, 2017.)

Chapter I  General Provisions

Article 1

With a view to promoting the physical fitness activities of citizens in this Municipality, safeguarding their legitimate rights and interests in participation in physical fitness activities and building up physique, these Regulations are formulated in accordance with the Law of Physical Culture of the People's Republic of China, the National Fitness Regulations, the Regulations of Public Culture and Physical Fitness Facilities, and other relevant laws and administrative regulations, and in the light of the actual circumstances of this Municipality.

Article 2

These Regulations apply to the physical fitness activities of citizens and the management thereof within the administrative area of this Municipality.

Article 3

All citizens have the right to participate in physical fitness activities according to law.

The people's government at all levels shall ensure the right of participation of citizens in physical fitness activities.

Article 4

The municipal administrative department of physical culture is the competent administrative department in charge of physical fitness in this Municipality. The district administrative department of physical culture is responsible for the administration of the citizens' physical fitness in their own administrative area.

Relevant administrative departments of people's governments at all levels shall, in accordance with their respective duties, jointly do a good job of the physical fitness activities of citizens.

Article 5

The municipal, district people's government shall strengthen the leadership of the physical fitness activities of citizens, bring the undertaking of physical fitness of citizens into the national economy and social development planning at the same level, bring the expenditure needed by the physical fitness activities into the fiscal budget at the same level, and step up the input for physical fitness activities along with the development of national economy.

The town/township people's government and the sub-district office shall coordinate and push ahead with the opening and management of the public facilities of physical fitness in their own administrative areas, organize the community physical fitness activities, and ensure the provision of necessary personnel and expenditure.

Article 6

The people's government at all levels and the administrative department of physical culture shall give commendation and award to the unit and individual who make outstanding achievements in launching physical fitness activities for citizens in accordance with relevant provisions of the State and this Municipality.

Chapter II  Physical Fitness Activities for Citizens

Article 7

August 8 of every year is the National Fitness Day.

Article 8

A citizen is encouraged to participate in scientific, civilized and healthy physical activities.

A citizen who participates in the physical fitness activity shall handle the facility of physical fitness in a safe way. A citizen shall observe relevant provisions and social morals for the prevention of noise pollution in public life, and avoid impacting normal work and life of others.

Article 9

State organs, enterprises, institutions, mass organizations and other organizations shall, in the light of the characteristics of their own unit, provide such necessary conditions as facilities, appropriation and time. to guarantee the legitimate rights and interests of the employees in participating in physical fitness activities. Enterprises and institutions shall report to the workers congress or the general meeting of employees the development of the physical fitness programs for employees.

State organs, enterprises, institutions, mass organizations and other organizations shall organize pre-work exercise, work-break exercise, or other forms of physical fitness activities on each workday; if conditions permit, such physical fitness activity as a sports meet may be held, and activities of physical exercise test and physique determination through measurement. shall be carried out. Launching diversified physical fitness activities on holidays is encouraged.

Administrative organizations of an industrial park or office building, shall provide necessary physical fitness facilities, coordinate and push ahead with an enterprise or institution to organize and launch physical fitness activities, the administrative department of physical culture and the organization of trade union shall enhance their role of leadership.

Article 10

All schools shall, according to relevant provisions of the administrative department of education, implement physique and health standards of pupils and students, strengthen the monitoring over their physique, offer physical education and physical exercise lessons, and organize broadcast gymnastics, eye exercises, and ensure one-hour daily physical fitness activity for pupils and students at school.

Every school shall hold its sports meet at least once every year. Diversified extra-curricular physical education shall be conducted to cultivate pupils’ and students' interest in physical training, raise their skills in physical culture, and improve their physique.

The administrative department of education shall at regular intervals carry out supervision and inspection on physical activities at school, take students’ physique and health status as major index for appraisal and assessment of the school.

Article 11

The administrative department of physical culture shall strengthen supervision and instruction on citizens' physical fitness activities, organize diversified mass physical fitness activities, hold public sports meet, popularize the physical training up-to-standard, guide and encourage citizens to participate in physical fitness activities constantly and perpetually.

The administrative department of physical culture shall, jointly with the administrative department of public health to launch publicity and popularization of fitness knowledge, offer guidance to citizens in physical fitness.

Article 12

Social organizations including the trade union, the Communist Youth League, the women's federation, and the handicapped association shall, in combination with their own characteristics, organize their members to launch physical fitness activities.

Article 13

The physical culture associations at all levels shall, in accordance with their constitutions, give play to their professional advantages to organize and launch scientific physical fitness activities under the guidance of the administrative department of physical culture.

Article 14

Community physical culture organizations, grassroots fitness groups, and other mass organizations are encouraged to launch physical fitness activities of citizens.

Article 15

The neighborhood committee shall, in combination with the characteristics of the residential quarter, organize residents to launch diversified small-scale physical fitness activities.

The villagers' committee shall, in combination with rural characteristics, organize and launch physical fitness activities suitable to rural labor and cultural life.

Article 16

The news media such as broadcast stations, TV stations, newspapers and periodicals, and the Internet stations shall propagate scientific, civilized and healthy items and ways of physical fitness, and publish or broadcast contents of physical fitness of public welfare nature, and enhance the citizens' awareness of physical fitness.

Chapter III  Facilities of Citizens' Physical Fitness

Article 17

The municipal administrative department of physical culture shall, in accordance with the national economy and social development planning of this Municipality, draft jointly with such administrative department as planning and land resources, the plan of public facilities of physical culture, and bring it into the corresponding urban and rural planning upon the approval of the Municipal People's Government. The administrative department of planning, and land resources shall reserve construction land for public facilities of physical culture.

Article 18

The people's government at all levels shall, in the light of the land-use norms and quota for public facilities of physical culture set forth by the State and this Municipality, as well as the public facilities plan, construct public facilities of physical culture.

Special needs of the groups such as the minors, the aged and the handicapped, shall be fully considered, and measures of barrier-free and safety protection shall be adopted in the process of construction of public facilities of physical culture to satisfy requirements of different groups in their participation in physical fitness activities.

The people's government at all levels and the administrative department of physical culture shall strengthen the supervision and administration of public facilities of physical culture. No unit or individual shall seize or destroy the public facilities of physical culture or arbitrarily change the nature of public facilities of physical culture.

Enterprises, institutions, social organizations or other organizations and individuals are encouraged to develop public facilities for physical fitness activities.

Article 19

The administrative department of planning and land resources shall, in organizing the formulation of the regulatory plan of the area within the residential quarter, solicit opinions of the administrative department of physical culture in accordance with relevant provisions of the State and this Municipality.

Corresponding facilities of physical fitness for a newly-built, reconstructed or extended residential quarter shall be developed in accordance with relevant provisions of the State and this Municipality.

The support facilities for physical fitness of a residential quarter shall be simultaneously designed and constructed with the main works of the residential quarter and be put into operation simultaneously. Upon the completion acceptance of a construction project, a development unit shall notify the local administrative department of physical culture to participate in the completion acceptance.

No unit or individual may arbitrarily change the construction project and its function of the facilities for physical fitness in a residential quarter, or reduce its development scale and its land use index.

Article 20

The public sports fields and gymnasiums shall be opened to citizens all year round, with the weekly accumulated operation time not less than 56 hours, and the operation time on official festivals and holidays as well as during summer and winter vacations shall be prolonged.

During summer and winter vacations, public sports fields and gymnasiums shall add items of physical fitness suited to students. Special session for students shall be set up.

Enterprises or institutions are encouraged to open their fitness facilities to citizens.

Article 21

Schools shall open its physical fitness facilities to pupils and students in their spare time as well as on official festivals and holidays. Public schools shall actively create conditions to open their physical fitness facilities to citizens. Private schools are encouraged to open their fitness facilities to citizens.

District people's governments shall grant support appropriation to schools that open facilities of physical fitness to citizens, and handle relevant liability insurance for such schools.

District people's governments shall formulate specific management methods for schools to open the physical fitness facilities to citizens, which shall be organized and implemented jointly by the school and the town/township people's government or the sub-district office in the locality. The administrative department of physical culture shall, jointly with the administrative department of education, strengthen the instruction and supervision on operations of physical fitness facilities at school.

Article 22

A neighborhood cultural activity center shall, in the light of relevant provisions of the State and this Municipality, set up an exercise yard for physical fitness, and shall allocate physical fitness facilities.

The physical fitness exercise yard and facilities of a neighborhood cultural activity center shall be opened to citizens all year around, with the weekly accumulated operation time not less than 56 hours, and the time of operation shall properly stagger with working and studying hours of citizens. Physical fitness projects of basic services provided by the State shall be opened free of charge.

Article 23

Where the public sports fields and gymnasiums, public schools and neighborhood cultural activity centers practise charging, the specific price shall be checked and ratified by the related department of government, within the range of its operating cost. Pupils and students, the aged and the handicapped shall enjoy price discount.

A public sports field and gymnasium shall be opened to citizens at such prescribed time as the National Fitness Day, and the free-of-charge operation time shall be gradually increased.

Article 24

The free physical fitness facilities open to citizens shall be in conformity with the following basic requirements:

1. The physical fitness facilities shall be in conformity with the State, industry or local standard;

2. Safe handling methods and caution notes shall be indicated at the conspicuous place; and

3. Maintenance and renewal systems shall be established to keep the fitness facilities intact.

Article 25

The administrative unit of parks and green land shall arrange yards for fitness activities in accordance with self conditions. Where the physical fitness facilities needs to be set up, the administrative department in the locality shall, in the light of the actual circumstances, provide the facilities free of charge and assume the expenditure for maintenance and renewal.

Article 26

For the physical fitness facilities of residential quarter developed or allocated with governmental contribution of capital, the town/township people's government or the sub-district office shall assume the expenditure for maintenance and renewal.

For the physical fitness facilities that the development unit has supported as required for the mutual use of the proprietors, the proprietors of residential quarter or the property service entity shall be responsible for the maintenance, the expenditure of which shall, in the light of the relevant provisions of the State and this Municipality, be disbursed from the special maintenance fund of residential quarters or be guaranteed through other channels; where there exist obvious difficulties, the town/township people's government and the sub-district office shall offer relevant subsidies.

Article 27

Where the public facilities of physical culture really need to be dismantled or their function and purpose need to be transformed owing to urban and rural construction, before making a decision, relevant people's government shall organize an expert appraisal according to law, and with the consent of the administrative department of physical culture of the people's government at the higher-level, report to the higher-level people's government for approval.

The reconstructed public facilities of physical culture, dismantled after its approval, shall be in conformity with the requirements of the plan and basically shall not be smaller than its original scale.

Chapter IV  Service and Guarantee for Citizens' Physical Fitness

Article 28

The people's government at all levels shall support universities and colleges as well as scientific research institutes to carry out scientific research on physical fitness, strengthen international and domestic exchange, and popularize scientific items and methods of physical fitness.

Article 29

The people's government at all levels as well as the administrative department of physical culture shall, in the light of the actual circumstances, support the physical culture associations, the community physical culture organizations as well as other mass organizations to provide citizens physical fitness service via purchase of public service by government, special fund subsidy as well as encouragement and reward.

Article 30

The municipal, district administrative department of physical culture shall establish the information service platform of physical fitness, publicize the input appropriation and service conditions of citizens’ physical fitness, publicize the facility catalogue, operation time, service charges, free items and preferential treatments within their administrative area, formulate and release the directory of scientific fitness, and provide citizens with the information of physique determination through measurement and guidance to physical fitness.

Article 31

Where there is no national code or industry standards for physical culture fitness facilities, the municipal administrative department of physical culture may put forward the suggestions on formulating the local standards of the physical fitness facilities to the municipal administrative department of standardization, and the local standards shall be formulated by the municipal administrative department of standardization in accordance with relevant provisions of the State and this Municipality.

Article 32

The municipal administrative departments of physical culture shall, according to relevant provisions of the State, work out the monitoring scheme of citizens’ physique in this Municipality, and organize the implementation thereof jointly with the related department, and publicize the monitoring result of citizens’ physique at regular intervals.

Article 33

The sports lottery fund shall, according to relevant provisions of the State, be used for organizing citizens’ physical fitness activities, training social physical culture instructors, implementing physique monitoring as well as the construction and administration of citizens’ physical fitness facilities, and escalating the input proportion of citizens’ physical fitness for communities.

Where social welfare facilities are constructed by using welfare lottery fund, the facilities for physical fitness activities suitable for the aged and handicapped shall be set up in accordance with relevant provisions of the State.

The management units aw well as users of the lottery fund shall accept the supervision of the department of finance, auditing, and the general public according to law, and the use condition of the fund shall be made public every year.

Article 34

Enterprise, institutions, mass organizations and other organizations and individuals are encouraged to donate property and provide support to the physical fitness undertakings. Those that donate property to the citizens’ physical fitness undertakings shall be entitled to tax preferential treatment according to law.

Article 35

An organizer of citizens’ physical fitness activities and a supervisor of fitness yard are encouraged to take out relevant liability insurance according to law.

A citizen participating in physical fitness activity is encouraged to take out accidental injury insurance according to law.

Article 36

It is encouraged to tap traditional folk sports and fitness items, create novel items , search for and invent fitness equipment and protect the intellectual property and the legitimate rights and interests of the related units and individuals according to law.

Article 37

For those societal physical culture instructors that do not get remunerations, technical grades shall be practiced in accordance with relevant provisions of the State. The municipal, district administrative department of physical culture shall provide relevant free training of knowledge and skills, and set up archives.

Public sports fields and gymnasiums shall be equipped with societal physical culture instructors to guide fitness activities as required by item requirements. The neighborhood committee and villagers' committee and the unit where conditions permit may also be equipped with societal physical culture instructors.

A societal physical culture instructor shall be responsible for organizing residents for fitness activities, impart fitness skills, and disseminate scientific fitness knowledge.

Article 38

A professional qualification certificate system shall be practiced for those societal physical culture instructors that take fitness guidance as professions.

Any societal physical culture instructor who practiced the instruction of the high-peril physical item as a profession shall obtain a professional qualification certificate in accordance with relevant provisions of the State.

Article 39

Any enterprise or individual business that operates high-peril physical item shall, in the light of relevant provisions of the state, obtain a permit from the administrative department of physical culture.

Chapter V  Legal Liability

Article 40

Any unit or individual that finds out violations against laws and regulations or citizens’ physical fitness activities may lodge a complaint to the administrative department of physical culture or other related departments. The department that has received the report shall conduct investigation and verification, and handle the matter by required procedures.

Article 41

Any unit or individual that seizes or destroys public sports facilities, in violation of the provisions of these Regulations, shall be ordered to make corrections within a prescribed time limit by the administrative department of physical culture, and assume the civil liability according to law.

Any unit or individual that has the act of the preceding clause, in violation of security administration, shall be punished in accordance with relevant provisions of the Law of the People's Republic of China on Security Administration; if a crime is constituted, the criminal liability shall be prosecuted according to law.

Article 42

Any unit or individual that arbitrarily alter the service nature of public sports facilities, in violation of the provision of these Regulations, shall be punished in accordance with the provision of the Regulations of Public Facilities of Culture and Sports of the State Council.

Article 43

Other acts in violation of the provisions of these Regulations shall be punished by laws and administrative rules that have already been provided for.

Chapter VI  Supplementary Provisions

Article 44

The citizens’ physical fitness facilities in these Regulations refers to public sports facilities as well as the buildings (structures), yards and facilities that open to citizens for physical fitness activities.

Article 45

These Regulations shall be effective as of June 10, 2012.