(Adopted at the 33rd Executive Meeting of the State Council on December 31, 2003, promulgated by Decree No. 398 of the State Council of the People's Republic of China on January 13, 2004, and effective as of March 1, 2004)

    Chapter I     General Provisions

    Article 1  These Regulations are formulated in accordance with the Law of the People's Republic of China on Physical Culture and Sports as well as other relevant laws for the purposes of preventing doping in sport, protecting the physical and mental health of sport participants and upholding fair play in sports competitions.

    Article 2  Doping agents in these Regulations mean prohibited substances and methods identified on the Prohibited List. The Prohibited List is set down, adjusted and published by the competent physical culture and sports department of the State Council jointly with the food and drug administrative department, the competent health department and the competent commerce department of the State Council, as well as the General Administration of Customs.

    Article 3  The State calls on healthy and civilized sports involvements, reinforces publicity, education, supervision and administration of anti-doping, adheres to the policy of strict prohibition, rigorous control, and severe punishment in anti-doping practice, and practices doping free in sport.

    Any unit or individual may not provide or provide in disguised form doping agents to sport participants.

    Article 4  The competent physical culture and sports department of the State Council administers and organizes the nationwide anti-doping work.

    The departments of food and drug administration, health, education and other relevant departments of the people's governments at or above the county level, within their respective functions and duties, are responsible for conducting anti-doping work in accordance with the provisions of these Regulations and other relevant laws and administrative regulations.

    Article 5  The competent physical culture and sports departments of the people's governments at or above the county level shall reinforce anti-doping publicity and education, so as to heighten anti-doping awareness among the sport participants and the public.

    Radio stations, television stations, newspapers, periodicals and other forms of the media, as well as Internet service providers shall carry out anti-doping publicity.

    Article 6  Any unit or individual finding violations of these Regulations has the right to report to the competent physical culture and sports departments or other relevant departments.

    Chapter II    Control of Doping Agents

    Article 7  The State carries out rigorous control of the prohibited substances identified on the Prohibited List, and any unit or individual may not illegally engage in manufacture, sale, import and export thereof.

    Article 8  To manufacture anabolic agents and peptide hormones on the Prohibited List (hereinafter referred to as anabolic agents and peptide hormones), the manufacturer shall, in accordance with the provisions of the Drug Administration Law of the People's Republic of China (hereinafter referred to as the Drug Administration Law), obtain the Drug Manufacturing Certificate and the drug approval number.

    Manufacturers shall make records of the production, sale and stock of anabolic agents and peptide hormones, and keep such records for two years in excess of the expiry date of anabolic agents and peptide hormones.

    Article 9  Drug wholesalers that have obtained the Drug Distribution Certificate in accordance with the provisions of the Drug Administration Law may not distribute anabolic agents and peptide hormones before they meet the following requirements and obtain approval from the food and drug administrative departments of the people's governments of the provinces, autonomous regions or municipalities directly under the Central Government:

    (1) assign special administrative staff;

    (2) provide special storehouses or special medicine-chests;

    (3) establish a special system for checking and acceptance, inspection, storage, sales and registration of in-storage and out-storage; and

    (4) other requirements as prescribed by laws and administrative regulations.

    Records of checking and acceptance, inspection, storage, sales and registration of in-storage and out-storage for anabolic agents and peptide hormones shall be kept for two years in excess of the expiry date of anabolic agents and peptide hormones.

    Article 10  Except insulin, drug retailers may not distribute anabolic agents or other peptide hormones.

    Article 11  To import anabolic agents and peptide hormones, the importer shall obtain the import permit in addition to the import drug license issued by the food and drug administrative department of the State Council in accordance with the provisions of the Drug Administration Law and its implementing regulations.

    To apply for the import of anabolic agents and peptide hormones, the applicant shall explain the intended use. The food and drug administrative department of the State Council shall make a decision within 15 working days from the date of receiving such application, and shall grant approval and issue an import permit if the use is legal. The Customs shall release the same on the basis of the import permit.

    Article 12  To apply for the export of anabolic agents and peptide hormones, the applicant shall describe the receiver and submit the relevant certifying documents and other materials from the competent government department of the importing country. The food and drug administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government shall make a decision within 15 working days from the date of receiving such application, and shall grant approval and issue an export permit if the relevant certifying documents and other materials from the competent government department of the importing country have been submitted. The Customs shall release the same on the basis of the export permit.

    Article 13  An enterprise within the territory that accepts contract production of anabolic agents and peptide hormones from an enterprise outside the territory shall conclude a contract of production in written form, and submit the contract for the record to the food and drug administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government. A contract of production shall state the nationality of the enterprise contracting out the production, the variety, quantity and date of production, etc., of anabolic agents and peptide hormones contracted for production.

    Anabolic agents and peptide hormones produced by an enterprise within the territory under a contract entrusted by an enterprise outside the territory may not be sold within the territory.

    Article 14  Manufacturers of anabolic agents and peptide hormones shall only provide anabolic agents and peptide hormones to medical institutions, drug wholesalers that meet the requirements in Article 9 of these Regulations and other manufacturers of their kind.

    Wholesalers of anabolic agents and peptide hormones shall only provide anabolic agents and peptide hormones to medical institutions, manufacturers of anabolic agents and peptide hormones and other wholesalers of their kind.

    Importers of anabolic agents and peptide hormones shall only provide anabolic agents and peptide hormones to manufacturers of anabolic agents and peptide hormones, medical institutions and drug wholesalers that meet the requirements in Article 9 of these Regulations.

    Apart form being supplied in accordance with the first, second and third paragraphs of this Article, insulin of hormone of peptide type may be supplied to drug retailers.

    Article 15  Medical institutions shall only supply anabolic agents and peptide hormones to patients on the basis of prescriptions from licensed doctors who are qualified to prescribe in accordance with the law. Such prescriptions shall be kept for two years.

    Article 16  Where any prohibited substance identified on the Prohibited List is categorized in narcotic drugs, psychotropic substances, medicinal toxic drugs or chemicals liable to be misused for producing narcotic drugs, special control over its manufacture, sale, import, transportation and use shall be exercised in accordance with the provisions of the Drug Administration Law and relevant administrative regulations.

    Anabolic agents, peptide hormones and other prohibited substances on the Prohibited List than those prescribed by the preceding paragraph shall be controlled as prescription drugs.

    Article 17  Where a food or drug contains any prohibited substance on the Prohibited List, the manufacturer shall give clear indication of "cautious use for athletes" in Chinese in the label of the package or the product description.

    Chapter III    Anti-doping Obligations

    Article 18  A public sports organization which manages the registration of athletes (hereinafter referred to as the public sports organization) shall reinforce supervision and administration, anti-doping education and training of athletes registered in the organization and athlete support personnel such as coaches, team leaders, and medical and para-medical personnel, etc.

    An administrative unit of athletes shall reinforce supervision and administration, anti-doping education and training of its athletes and athlete support personnel.

    Article 19  All public sports organizations, administrative units of athletes and other unites may not supply athletes with doping agents, nor may they organize, coerce or deceive athletes into using doping agents in sport.

    Scientific research units may not provide technical support for doping or evading testing.

    Article 20  Administrative units of athletes shall assign medical institutions for their athletes, so as to direct athletes to reasonably take medicines for therapeutic purpose; they shall record and provide the information of medical treatment and medicine use of their athletes to relevant public sports organizations in line with doping control rules.

    Article 21  Public sports organizations and administrative units of athletes shall, in line with doping control rules, provide the name list of athletes and such relevant information as any coach, sport engaged in as well as competition results of every athlete, etc., and shall offer convenience for testing.

    Article 22  Any national public sports organization shall stipulate sanctions and procedures for imposing such sanctions against any of the following acts committed by the members registered in the organization:

    (1) an athlete uses any doping agent;

    (2) athlete support personnel or an administrative unit of athletes provides an athlete with any doping agent;

    (3) any athlete, athlete support personnel or administrative unit of athletes refuses or obstructs testing.

    The procedures for imposing sanctions as mentioned in the preceding paragraph shall also include the right of plea and appeal for the party concerned. The national public sports organization shall submit the sanctions and procedures for imposing such sanctions to the competent physical culture and sports department of the State Council for the record.

    Article 23  Athlete support personnel shall educate and warn athletes not to use doping agents, and provide them with consultancy on doping control rules.

    Athlete support personnel shall not supply athletes with doping agents, nor shall they organize, coerce or deceive athletes into or abet or assist them in using doping agents in sport, nor shall they obstruct testing, nor shall they commit any act affecting the results of sample collection.

    Where finding that athlete support personnel violate the provisions of the preceding paragraph, athletes have the right to report and accuse them.

    Article 24  Athletes are prohibited from doping in sport.

    Article 25 Athletes and athlete support personnel registered in public sports organizations may possess drugs containing prohibited substances on the Prohibited List, only on the basis of the prescriptions from licensed doctors who are qualified to prescribe in accordance with the law.

    When undergoing medical diagnosis, an athlete registered in a public sports organization shall show his status as an athlete to the doctor in accordance with doping control rules. When prescribing his drugs, the doctor shall select those containing no prohibited substances on the Prohibited List as first priorities, or where there is a real need to prescribe a drug containing such prohibited substances, shall warn him of the nature of the drug and subsequences of using such drug.

    Article 26  Where there is a real need for an athlete registered in a national public sports organization to use a drug containing prohibited substances on the Prohibited List for therapeutic purpose, he may not use it before obtaining therapeutic use exemption in line with doping control rules.

    Article 27  Athletes are obligated to undergo testing and they shall not conduct any act affecting the results of sample collection.

    Article 28  Where an athlete registered in a national public sports organization leaves his athlete location, he shall report on his whereabouts information in accordance with doping control rules.

    Article 29  Schools and other educational institutions that engage in secondary education or above shall reinforce anti-doping education, heighten anti-doping awareness among students, and adopt measures to prevent doping in school sport activities; they shall deter the students upon finding them doping.

    Physical culture and sports education shall include anti-doping in its teaching program.

    Article 30  Any unit engaging in business for fitness activities and its specialized trainers shall not provide participants in fitness activities with drugs or foods containing prohibited substances.

    Chapter IV    Testing and Analysis of Doping Agents

    Article 31  The competent physical cultural and sports department of the State Council shall develop doping control rules and testing plans, as well as organize their implementation.

    Article 32  The competent physical culture and sport department of the State Council shall, according to testing plans, determine to conduct in-competition testing on participants in national sport events, and may determine to conduct in-competition testing on participants in provincial sport events.

    Where in-competition testing is required for other sports competitions, the organizers shall make the determination.

    Article 33    The competent physical culture and sports department of the State Council shall, according to testing plans, determine to conduct our-of-competition testing on athletes registered in national public sports organizations.

    Article 34    Testing work personnel (hereinafter referred to as testing personnel) shall conduct testing in line with doping control rules.

    Article 35    Where testing is being conducted, at lease two testing personnel shall be engaged in. When performing their functions and duties of testing, the testing personnel shall show their credentials for testing; when collecting samples from athletes, they shall show one-time testing authorization issued in line with doping control rules.

    When performing their functions and duties of testing, the testing personnel have the authority to access sports training and competition sites, as well as locations of athletes. Relevant units and their personnel shall cooperate with the testing personnel in performing their functions and duties of testing, and shall not refuse or obstruct such performance.

    Article 36    Samples shall be analyzed in analyzing entities that meet the conditions for analysis as assigned by the competent physical culture and sports department of the State Council.

    Analyzing entities and their staff members shall analyze the samples in accordance with the scope and criteria defined by doping control rules.

    Chapter V    Legal Liability

    Article 37    Where the competent physical culture and sports departments and other administrative departments as well as their staff members fail to perform their functions and duties, or cover up or connive at illegal use or provision of doping agents, or commit other acts violating these Regulations, the persons in charge who are responsible and other persons directly responsible shall be given administrative sanctions in accordance with the law; where a crime is constituted, criminal liability shall be investigated in accordance with the law.

    Article 38    Where anyone commits any of the following acts in violation of the provisions of these Regulations, the food and drug administrative departments at or above the county level shall, according to the division of their respective functions and duties as defined by the food and drug administrative department of the State Council, confiscate anabolic agents and peptide hormones illegally produced or distributed and illegal proceeds, and concurrently impose a fine of not less than two times but not more than five times of the value of the drugs illegally produced or distributed; where the circumstances are serious, the authority issuing certificates shall revoke the Drug Manufacturing Certificate or the Drug Distribution Certificate; where a crime is constituted, criminal liability shall be investigated in accordance with the law:

    (1) where any manufacturer manufactures anabolic agents or peptide hormones without approval, or fails to provide anabolic agents or peptide hormones through the channels prescribed by these Regulations;

    (2) where any drug wholesaler distributes anabolic agents or peptide hormones without approval, or fails to provide anabolic agents or peptide hormones through the channels prescribed by these Regulations;

    (3) where any drug retailer distributes anabolic agents or peptide hormones without approval.

    Article 39    Where any public sports organization or administrative unit of athletes supplies athletes with doping agents, or organizes, coerces or deceives athletes into using doping agents in sport, the competent physical culture and sports department of the State Council or the competent physical cultures and sports department of the people's government of the province, autonomous region or municipality directly under the Central Government shall confiscate the doping agents illegally possessed; the persons in charge who are responsible and other persons directly responsible shall be ineligible for sport administration and athlete support work within four years, or shall be ineligible for their lifetime where the circumstances are serious; where personal injuries are caused to the athletes, civil liability for compensation shall be assumed in accordance with the law; where a crime is constituted, criminal liability shall be investigated in accordance with the law.

    Where any public sports organization or administrative unit of athletes fails to perform other obligations prescribed by these Regulations, the competent physical culture and sports department of the State Council or the competent physical culture and sports department of the people's government of the province, autonomous region or municipality directly under the Central Government shall order it to make corrections; where serious consequences are caused, the persons in charge who are responsible and other persons directly responsible shall be ineligible for sport administration and athlete support work within two years.

    Article 40    Where athlete support personnel organize, coerce or deceive athletes into or abet them in using doping agents in sport, the competent physical culture and sports department of the State Council or the competent physical culture and sports department of the people's government of the province, autonomous region or municipality directly under the Central Government shall confiscate the doping agents illegally possessed; they shall be ineligible for athlete support and sport administration work within four years, or shall be ineligible for their lifetime where the circumstances are serious; where personal injuries are caused to the athletes, civil liability for compensation shall be assumed in accordance with the law; where a crime is constituted, criminal liability shall be investigated in accordance with the law.

    Where athlete support personnel supply athletes with doping agents, or assist them in using doping agents in sport, or commit any act affecting the results of sample collection, the competent physical culture and sports department of the State Council or the competent physical culture and sports department of the people's government of the province, autonomous region or municipality directly under the Central Government shall confiscate the doping agents illegally possessed; they shall be ineligible for athlete support and sport administration work within two years, or shall be ineligible for their lifetime where the circumstances are serious; where personal injuries are caused to the athletes, civil liability for compensation shall be assumed in accordance with the law; where a crime is constituted, criminal liability shall be investigated in accordance with the law.

    Article 41    Where athlete support personnel illegally possess doping agents, the competent physical cultures and sports department of the State Council or the competent physical culture and sports department of the people's government of the province, autonomous region or municipality directly under the Central Government shall confiscate the doping agents illegally possessed; where the circumstances are serious, they shall be ineligible for athlete support work within two years.

    Article 42    Where any public sports organization or administrative unit of athletes violates the provisions of these Regulations, the persons in charge who are responsible and other persons directly responsible shall, if they are State functionaries, be concurrently given administrative sanctions such as dismissal from their posts or discharge from employment in accordance with the law.

    Where athlete support personnel violating the provisions of these Regulations are State functionaries, they shall be given administrative sanctions such as dismissal from their posts or discharge from employment in accordance with the law.

    Article 43    Decisions of sanctions made in accordance with the provisions of Article 39, 40 or 41 of these Regulations shall be made known to the public and the public have the right to consult.

    Article 44    Where any doctor fails to prescribe drugs in accordance with the provisions of these Regulations or fails to perform his obligation of informing, the competent health department of the people's government at or above the county level shall give him a warning, or where serious consequences are caused, order him to suspend from practice for not less than six months but not more than one year.

    Article 45    Where any unit engaging in business for fitness activities provides participants in fitness activities with drugs or foods containing prohibited substances, the food and drug administrative department and the competent health department shall impose penalty according to the provisions of the Drug Administration Law, the Food Hygiene Law of the People's Republic of China and relevant administrative regulations.

    Article 46    Where any athlete violates the provisions of these Regulations, the relevant public sports organization, administrative unit of athletes or competition organizer shall impose sanctions such as provisional suspension from any competition, disqualification of results in a competition, or ineligibility for any competition.

    Where any athlete refuses to accept a sanction prescribed in the preceding paragraph, he may apply to a sports arbitration institution for arbitration.

    Chapter VI    Supplementary Provision

    Article 47    These Regulations shall be effective as of March 1, 2004.         

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