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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II OPERATIONAL SUBJECTS OF COMMERCIAL PERFORMANCE CHAPTER III PERFORMANCE ADMINISTRATION CHAPTER IV ADMINISTRATION OF COMMERCIAL PERFORMANCE LICENSE CHAPTER V PENALTY PROVISIONS CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Detailed Rules for the Implementation are formulated according to the Regulation on the Administration of Commercial Performance (hereinafter referred to as the Regulation). Article 2. The term "performance" mentioned in the Regulation includes live show artistic-cultural performance activities such as music, drama, dance, acrobatics, magic, circus, quyi, puppet, shadow play, recitation, fork art and any other form. Article 3. The term "commercial performances" mentioned in the Regulation refers to the performance activities as held by the following ways for the purpose of making profits: (1) Selling tickets or making block booking; (2) Paying or remunerating the performance entities or individuals; (3) Using the performance as a medium for advertising publicity or sales promotion of products; (4) Being sponsored or donated; (5) Organizing performance in any other profit-making form. Article 4. The state shall protect the legitimate rights and interests of all parties such as commercial performance entities, performers and audience, and shall prohibit any unfair competition in commercial performance. CHAPTER II OPERATIONAL SUBJECTS OF COMMERCIAL PERFORMANCE Article 5. The term "commercial artistic-cultural performance groups" refers to the business entities that meet the requirements as prescribed in paragraph 1 of Article 6 of the Regulation and undertake various kinds of live show artistic-cultural performance activities. Article 6. The term "performance brokerage institutions" refers to the business entities that meet the requirements as prescribed in paragraph 2 of Article 6 of the Regulation and undertake business operations of performances as well as performance brokerage. Article 7. The term "business entities of commercial performance places" refers to the business entities that meet the requirements mentioned in Article 8 of the Regulation and provide places and relevant services for professional activities of commercial performances and the relevant services. Article 8. The term "self-employed performers" refers to performers who meet the requirements as prescribed in Article 10 of the Regulation and engage in performance and who have obtained the business license of the administrative department of industry and commerce and have handled the formalities of archival filing in the administrative department of culture. The term "self-employed performance brokers" refers to the brokers that meet the requirements as prescribed in Article 10 of the Regulation and engage in the activities such as intermediary and agency for commercial performance and who have obtained the business license in the administrative department of industry and commerce and have handled the formalities of archival filing in the administrative department of culture. Article 9. Anyone who applies for the establishment of an artistic-cultural performance group shall submit the following documents to the administrative department of culture: (1) An application; (2) The Notice on the Advance Approval for the Name of an Artistic-cultural Performance Group, domicile and the type of art as engaged in; (3) The identity certification of the legal representative or the person-in-charge; (4) The certification of performers' ability of art performance; and (5) The purchase of performance facilities and equipment or the relevant fund certification. The term "certification of performers' ability of art performance" mentioned in item (4) of the preceding paragraph may be any of the following documents: (1) The graduation certification of the major of art performance as issued by an art school above the medium level (including art major in a comprehensive college or university); (2) The certification of post title; (3) The written certification as produced by an art college or university; (4) The effective certificate as issued or the written certification as produced by the performance industrial association; or (5) Any other effective certificate. Article 10. Anyone who applies for the establishment of a performance brokerage institution shall submit the following documents to the administrative department of culture: (1) An Application; (2) The Notice on the Advance Approval for the Name of a Performance Brokerage Institution and the domicile thererof; (3) The identity certification of the legal representative or the person-in-charge; (4) The qualification certification of performance brokers; and (5) The certification of funds. The measures for the qualification accreditation of performance brokers mentioned in item (4) of the preceding paragraph shall be formulated by the national performance industrial association. Article 11. A business entity of performance places, self-employed performer or individual performance broker that has obtained its/his business license according to law shall handle the formalities for archival filing in the local administrative department of culture at the county level, which shall produce the certification of archival filing. The specimen of archival certificate shall be designed by the Ministry of Culture and shall be printed by the administrative department of culture at the provincial level according to the designing requirements of the Ministry of Culture. Article 12. Anyone who applies for the establishment of a Sino-foreign joint venture or Sino-foreign contractual performance brokerage institution shall, in addition to submitting the documents as prescribed in Article 10 of the present Detailed Rules for the Implementation, submit the following documents: (1) The feasibility research report, contract and constitution; (2) The credit certification of all parties to the joint-venture or contractual performance brokerage institution as well as the documents of registration; (3) The relevant documents on the asset appraisal which is, according to the provisions of the relevant laws and regulations, carried out for any state-owned asset in the form of investment or cooperative requirements as provided by the Chinese party to the joint venture or contractual brokerage institution; (4) The name list of the candidates of the chairman of the board of directors, deputy chairman of the board of directors, directors or the director, deputy director, members of the joint managerial committee as well as the identity certification thereof; and (5) Any other document as required to be submitted according to law. The chairman of the board of directors of or the director of the joint managerial committee of a joint venture or contractual brokerage institution of performance shall be assumed by Chinese representative and the Chinese representatives shall constitute a majority number of the board of directors or the joint managerial committee. Article 13. Anyone who applies for the establishment of a Sino-foreign joint venture or Sino-foreign contractual business entity of performance places shall submit the following documents: (1) An Application; (2) The Notice of the Advance Approval for the Name of a Business Entity of Performance Places and the domicile thereof; (3) A feasibility research report, contract and constitution; (4) The credit certification of all parties to the joint venture or contractual performance brokerage institution as well as the documents of registration; (5) The relevant documents on the asset appraisal which is, according to the provisions of the relevant laws and regulations, carried out for any state-owned asset in the form of investment or cooperative requirements as provided by the Chinese party to the joint venture or contractual brokerage institution; (6) The name list of the candidates of the chairman of the board of directors, deputy chairman of the board of directors, directors or the director, deputy director, members of the joint managerial committee as well as the identity certification thereof; (7) The certification of the land use right or the leasing certification; and (8) Any other document as required to be submitted according to law. The chairman of the board of directors of or the director of the joint managerial committee of a joint venture or contractual business entity of performance places shall be assumed by Chinese representative and the Chinese representatives shall constitute a majority number of the board of directors or the joint managerial committee. Article 14. A performance brokerage institution of Hong Kong Special Administrative Region or Macao Special Administrative Region may, upon approval, set up branches in the mainland and its branches as set up shall not have the status of enterprise legal-person. A branch as set up in the mainland by a performance brokerage institution of Hong Kong Special Administrative Region or Macao Special Administrative Region may undertake the intermediary or agent activities of commercial performance according to law but shall not engage in any other business operation concerning performance. A performance brokerage institution of Hong Kong Special Administrative Region or Macao Special Administrative Region shall bear the civil liabilities for the business operations of its branches. A performance brokerage institution of Hong Kong Special Administrative Region or Macao Special Administrative Region that establishes any branch in the mainland shall designate the person-in-charge of the said branch in the mainland and shall appropriate the relevant funds to the branch for the relevant business operations. Article 15. A performance brokerage institution of Hong Kong Special Administrative Region or Macao Special Administrative Region that applies for establishing a branch in the mainland shall submit the following documents: (1) An application; (2) The name and domicile of the branch; (3) The certification of legal business of the performance brokerage institution in Hong Kong and Macao; (4) The constitution of the performance brokerage institution as well as its branch; (5) The appointment letter of the person-in-charge of the branch and the identity certification thereof; (6) The qualification certification of the practitioners in performance brokerage; (7) The fund certification of the performance brokerage institution and the amount of the fund as allocated to its branch for business operations as well as the certification on the term thereof; and (8) Any other document as required to be submitted. The qualification accreditation of performance brokers mentioned in item (6) of the preceding paragraph shall be implemented according to paragraph 2 of Article 10 of the present Detailed Rules for the Implementation. Article 16. An investor of the Hong Kong Special Administrative Region or Macao Special Administrative Region who applies for establishing any sole-capital business entity of performance places in the mainland shall submit the following documents: (1) An application; (2) The Notice on the Advance Approval of the Name of a Business Entity of Performance Places and the domicile thereof; (3) A feasibility research report and constitution; (4) The qualification of the investor and legal representative and the identity certification; (5) The source, amount and term of contributed capital and the certification thereof; (6) The certification of land use right or leasing certification; and (7) Any other document as required to be submitted according to law. Article 17. An investor of Hong Kong Special Administrative Region or Macao Special Administrative Region who applies for establishing a joint-venture or contractual performance brokerage institution or business entity of performance places in the mainland shall handle it by referring to paragraph 1 of Article 12 and paragraph 1 of Article 13 of the present Detailed Rules for the Implementation. A Taiwan investor who applies for establishing a joint-venture or contractual performance brokerage institution or business entity of performance places in the mainland shall handle it by referring to Articles 12 and 13 of the present Detailed Rules for the Implementation. Article 18. Anyone that has established a joint-venture, contractual or sole-capital business entity of performance or any branch according to the provisions of Articles 12 and 13 of the Regulation shall, after obtaining the commercial performance license as issued by the Ministry of Culture, file an application with the Ministry of Commerce through the local administrative department of commerce at the provincial level upon the strength of the said license, handle the relevant formalities and shall go to the administrative department of industry and commerce to handle the formalities of registration and collect the business license. CHAPTER III PERFORMANCE ADMINISTRATION Article 19. Anyone that applies for holding commercial performance shall, 3 days before the performance, submit the application materials to the administrative department of culture in charge of the examination and approval thereof. Anyone that applies for holding any foreign-related commercial performance or any commercial performance relating to Hong Kong or Macao shall, 20 days before the performance, submit the application materials to the administrative department of culture in charge of the examination and approval. Article 20. Anyone who applies for holding any commercial performance shall submit the documents as prescribed by Article 17 of the Regulation to the administrative department of culture upon the strength of the commercial performance license or the business license thereof. Anyone that applies for any commercial performance using the stage or stand as temporarily built up shall submit the documents that comply with the provisions of items (2) and (3) of Article 21 of the Regulation. For any performance as approved, the sponsoring entity thereof shall, 1 day before the performance submit the documents as prescribed in item (1) of Article 21 of the Regulation to the administrative department of culture in charge of the examination and approval. In the case of any failure to comply with the prescribed requirements, the performance shall not be held. An application for any commercial performance that requires the attendance of minors shall comply with the provisions of the state. Article 21. Any entity that applies for sponsoring any foreign-related commercial performance or any commercial performance relating to Hong Kong or Macao shall also submit the following documents: (1) A Plan of Fund Allocation and the relevant fund certification thereof; (2) Photocopies of the effective identity certification of performers; and (3) A written statement of abiding by the provisions of the Regulation within the recent 2 years. The term "fund certification" mentioned in item (1) of the preceding paragraph refers to the deposit certification of the basic deposit account of the current month as produced by the opening bank of the applicant entity or the certification that such financial institutions as a bank approve a loan or the certification of any other entity's approval for loans, investment, guaranty and support as well as the deposit certification of the basic deposit account of the current month as produced by the opening bank of the said entity. The administrative department of culture shall carry out the examination and approval of the foreign-related commercial performance or commercial performance relating to Hong Kong or Macao and may, when necessary, organize experts to carry out demonstration according to law. Article 22. Anyone who applies for holding any foreign-related commercial performance in any non-singing-or-dancing entertainment place shall file an application with the Ministry of Culture through the local administrative department of culture at the provincial level, which shall produce the opinions on the examination and report it to the Ministry of Culture for examination and approval within 5 days. For any across-province performance, the examination opinion of the administrative department of culture at the provincial level where the performance is held shall be provided. In the case of any different provision of the state, it shall prevail. Article 23. A business entity of commercial performance that holds any commercial performance shall perform the following obligations: (1) Handling the application formalities for the performance; (2) Arranging the performance program; (3) Determining the price and taking charge of the settlement of the payment and expenditure of the performance; (4) Paying or fulfilling the withholding obligation of taxes and fees; (5) Accepting the supervision and administration of the administrative department of culture where the performance is held with self-consciousness; and (6) Performing any other obligation as required according to law. Article 24. For any foreign-related commercial performance or any commercial performance relating to Hong Kong or Macao, the sponsor shall take charge of the uniform handling of the formalities for entry and exit of all the artistic-cultural performance groups and individuals from foreign countries as well as those from Hong Kong, Macao and Taiwan. As for a tour performance activity, it shall be responsible for the communications and program arrangements of the entire journey as well. Article 25. The professional performers of an artistic-cultural performance group and the teachers and students of a professional art college or university may participate in the commercial performance as held by any artistic-cultural performance group, performance brokerage institution or business entity of performance places but shall not unlawfully hold any commercial performance by themselves. Article 26. Where a professional performer of an artistic-cultural performance group or any teacher or student of a professional art college or university is invited to participate in any commercial performance or a professional performer of an artistic-cultural performance group or any teacher or student of a professional art college or university participates in any commercial performance that is not held by his/her entity, he/she shall solicit the consent of the entity where he/she works and conclude a contract. Article 27. Where a professional artistic performer from a foreign country or Hong Kong or Macao who is invited by a professional art college or university to engage in teaching and research requires to participate in any commercial performance temporarily, he/she shall entrust a performance brokerage institution to handle it and shall report it to the Ministry of Culture or the administrative department of culture at the provincial level for examination and approval according to the prescribed procedures. Article 28. No performer may cheat the audience by such means as lip-synching or fraudulent performance in a commercial performance. The term "lip-synching or fraudulent performance" mentioned in the preceding paragraph refers to that a performer makes use of his song or music that has been recorded beforehand to substitute for his/ her live performance of the song or music in a performance. Article 29. For the holding of any charity performance, the relevant formalities for examination and approval shall be handled according to the Regulation and the present Detailed Rules for the Implementation. Any performer or performance staff member that participates in a charity performance shall not claim any remuneration from the performance. The performance entity or self-employed performer shall, after deducting the necessary costs and expenditures, donate the income as generated from the performance to the social public undertakings and shall not make any profit there from. The income as generated from a charity performance includes the ticket income, the donated funds and materials, the financial aids from advertisement and all the income from the activities relating to the performance. The necessary costs and expenditures include such expenses as the expenses for food, accommodation and transportation as well as the stage lighting and acoustic equipment, costumes and props, stage art and performance place, and publicity fees, etc.. The performance entity or self-employed performers shall, within10 days after a charity performance is concluded, report the settlement of revenues and expenditures of the performance to the examination and approval organ for archival filing. Any other charity performance as held in the form as prescribed in Article 3 of the present Detailed Rules for the Implementation shall be implemented by referring to the provisions of the present Article. Article 30. An investment entity of commercial performance may enjoy the name-crowning right according to law and may enjoy the right of distributing the income as generated from a performance according to the stipulation of the contract. Article 31. In a commercial performance, the relevant sponsor shall, according to the designing requirements of the stage, give priority to domestic performance facilities. Article 32. Where a business entity of singing and dancing entertainment place, stadium, hotel, restaurant, dining place or any other non-performance place requests to hold any commercial performance in its place, it shall entrust a performance brokerage institution to handle it and shall report it to the administrative department of culture according to the prescribed procedures. Article 33. For any commercial performance, the relevant entity shall obtain the relevant approval before selling any ticket. Article 34. The administrative department of culture shall grant subsidies and supports to the performances that reflect ethnic features and national level according to the relevant provisions. The relevant departments of the people's governments above the county level may, according to the relevant provisions of the Regulation and the financial management system, encourage and support the performance that reflects ethnic features and national level. Article 35. The administrative departments of culture at all levels shall publicize the matters concerning the examination and approval of commercial performance to the society. Article 36. The administrative departments of culture shall, according to the requirements of the administration of performance, establish a system of reporting performance information, a responsibility system of going on a tour of inspection on the performance market, the system of publicizing the basic information on business entities of performance so as to intensify the administration and supervision of the performance market. Article 37. The performance industrial association is a self-discipline organization constituted by performance entities and performance practitioners. The members of the performance industrial association may, according to the constitution of the performance industrial association, enjoy the rights and perform the obligations as stipulated in the constitution. The administrative departments of culture at all levels shall intensify the guidance for and supervision over the performance industrial association. Article 38. The performance industrial association shall, according to the stipulations of the constitution, perform the following obligations: (1) Guiding, supervising the business activities of its members and safeguarding the legitimate rights and interests thereof; (2) Formulating the industrial self-discipline standards and promoting industrial self-discipline and fair competition; (3) Organizing its members to carry out business exchanges and trainings; (4) Mediating any dispute of its members over performance; and (5) Performing any other functions and duties as required. Article 39. The national performance industrial association shall organize and implement the qualification accreditation of performance brokers and shall entrust any other organization as accredited by the performance industrial association at the provincial level or by the administrative department of culture at the provincial level to carry out trainings and the relevant work. CHAPTER IV ADMINISTRATION OF COMMERCIAL PERFORMANCE LICENSE Article 40. The commercial performance license of an artistic-cultural performance group or a performance brokerage institution shall include 1 original and 2 duplicates. The original of the commercial performance license shall be hung at an eye-catching place of its main office. The commercial performance license shall be designed by the administrative department of culture of the State Council, shall be printed and produced by the provincial administrative departments of culture according to the requirements of the administrative department of culture of the State Council, shall be filled in, printed and sealed by the issuing organ. The duplicates of the commercial performance license shall be indicated with the name and contact method of the person-in-charge and the handlers of the issuing organ. Article 41. An artistic-cultural performance group or a performance brokerage institution that has obtained the commercial performance license shall, within 90 days, put the duplicate of its business license as issued by the administrative department of industry and commerce to the administrative department of culture that has issued the commercial performance license on archives. Article 42. Where the administrative department of culture revokes the commercial performance license of a commercial artistic-cultural performance group or performance brokerage institution, it shall notify the administrative department of industry and commerce to alter the business scope or revoke the business license. With regard to the commercial performance license of a commercial artistic-culture performance group or performance brokerage institution, any entity or individual shall not capture or detain it except that the administrative department of culture may suspend or revoke it according to law. Article 43. With regard to the revocation or writing-off of the commercial performance license of a commercial artistic-cultural performance group, it shall be reported to the administrative department of culture at the provincial level for archival filing. As for the revocation or writing-off of the commercial performance license of a performance brokerage institution, it shall be reported to the Ministry of Culture for archival filing. Article 44. The administrative departments of culture at all levels shall establish a register and archival system of license issuance for commercial artistic-cultural performance groups and performance brokerage institutions as well as a register and archival system of performance places, self-employed performers and self-employed performance brokers. Article 45. Where the administrative department of culture gives an administrative punishment to an artistic-cultural performance group or a performance brokerage institution, it shall record the punishment decision on the duplicate of the commercial performance license and affix the seal of the organ that has given the punishment and, at the same time, notify the issuing organ of the punishment decision. CHAPTER V PENALTY PROVISIONS Article 46. Anyone that violates the provisions of Article 20 of the present Detailed Rules for the Implementation by failing to submit, 1 day before the date of the performance, the certification of passing the inspection and acceptance of performance places according to law as prescribed in Article 21 of the Regulation to the administrative department of culture in charge of the examination and approval of performance and directly holding any commercial performance by using any stage or stand as temporarily built up shall be given a punishment by the administrative department of culture at the county level according to the provisions of Article 44 of the Regulation. Article 47. Any entity that violates the provisions of Articles 23 and 24 of the present Detailed Rules for the Implementation by failing to perform its obligations in the business activity of a performance and reselling or transferring the operational right of the performance shall be given a punishment according to the provisions of Article 45 of the Regulation. Article 48. Any professional performer of an artistic-cultural performance group or any teacher or student of a professional art college or university that violates the provisions of Article 25 of the present Detailed Rules for the Implementation by unlawfully holding any commercial performance shall be given a punishment by the administrative department of culture at the county level according to the provisions of Article 43 of the Regulation. Article 49. Any entity that violates the provisions of Article 26 of the present Detailed Rules for the Implementation by inviting any professional performer of an artistic-cultural performance group or any teacher or student of a professional art college or university to participate in any commercial performance without soliciting the consent of the relevant entity shall be given a warning by the administrative department of culture at the county level and shall be fined 10,000 yuan up to 30,000 yuan. Article 50. Where a professional artistic performer from a foreign country or from Hong Kong or Macao that has been invited by a professional art college or university to engage in teaching or research violates the provisions of Article 27 of the present Detailed Rules for the Implementation by unlawfully engaging in any commercial performance, the administrative department of culture at the county level shall give a punishment according to the provisions of Article 43 of the Regulation. Article 51. Anyone that cheats the audience by such means as fraudulent musical performance shall be given a punishment according to the provisions of Article 47 of the Regulation. Article 52. Any entity that violates the provisions of Article 29 of the present Detailed Rules for the Implementation by failing to handle the formalities for examination and approval according to the relevant regulations to unlawfully hold any charity performance or any other public welfare performance shall be given a punishment according to the provisions of Article 43 of the Regulation. Article 53. A business entity of non-performance places that violates the provisions of Article 32 of the present Detailed Rules for the Implementation by unlawfully holding any performance shall be given a punishment according to the provisions of Article 43 of the Regulation. Article 54. Any entity that violates the provisions of Article 33 of the present Detailed Rules for the Implementation by unlawfully selling any ticket of performance without any approval shall be ordered to cease its irregularity by the administrative department of culture at the county level and shall be fined 10,000 yuan to 30,000 yuan. Article 55. Any entity that conceals its record of violating the Regulation within the recent 2 years and submits any fraudulent written statement when applying for any foreign-related commercial performance or any commercial performance relating to Hong Kong or Macao shall be fined 30,000 yuan by the administrative department of culture in charge of the examination and approval. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 56. The power to interpret the present Detailed Rules for the Implementation shall remain with the Ministry of Culture. Article 57. The present Detailed Rules for the Implementation shall come into force as of September 1, 2005. The Detailed Rules for Implementing the Regulation on the Administration of Commercial Performance promulgated on July 1, 2004 shall be simultaneously abolished. |
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