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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II COMMERCIAL PERFORMANCE ENTITIES CHAPTER III PERFORMANCE CONTRACT CHAPTER IV MANAGEMENT OF PERFORMANCES CHAPTER V MANAGEMENT OF COMMERCIAL PERFORMANCE LICENSES CHAPTER VI PUNISHMENT PROVISIONS CHAPTER VII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Detailed Rules are formulated in accordance with the Regulation on the Administration of Commercial Performances (hereinafter referred to the Regulation). Article 2. The term "performances" mentioned in the Regulation includes live entertainment performance activities such as music, drama, dance, acrobatics, circus, quyi (folk art forms, including ballad singing, story telling, comic dialogues, clapper talks, cross talks, etc.), puppet, recitation, fork art, model and apparel. Article 3. The term "commercial performances" mentioned in the Regulation shall include the following forms: (1) Selling tickets or making block booking; (2) Paying or remunerating the performing units or individuals; (3) Using the performances as a medium for promotion or for promoting sale of products; (4) Being sponsored or given donations; and (5) Performances organized in other operation forms. Article 4. The state shall, in accordance with the law, protect the legitimate rights and interests of the commercial performance entities, performers and audience, and shall prohibit unfair competition acts in commercial performances. No commercial performance entity may undertake the function of administrative management of performances. CHAPTER II COMMERCIAL PERFORMANCE ENTITIES Article 5. The "commercial cultural and artistic performance groups" refer to the business entities that meet the requirements listed in Article 9 of the Regulation and undertake various kinds of live cultural and artistic performance activities. Article 6. The "commercial performance places" refer to the business entities that meet the requirements mentioned in Article 11 of the Regulation and provide places and relevant services for activities of commercial performances. Article 7. The "performance brokerage institutions" refer to the entities that meet the requirements prescribed in Article 13 of the Regulation and undertake business operations of performances and performance brokerage. They may be classified into performance companies and performance brokerage companies in light of their respective business scopes. The "performance companies" refer to the business entities that may undertake the performance business activities such as planning, organizing, contacting, producing, and marketing, and the brokerage activities such as agency, commission and intermediary of performances. The "performance brokerage companies" refer to the business entities that may only undertake the brokerage activities such as agency, brokerage and intermediary of performances. Article 8. The "individual performers" refer to the professional art performers without fixed working entities. Article 9. Any one who applies for establishing a commercial cultural and artistic group or performance brokerage institution shall file an application to the culture administrative department of the people's government with examination and approval power and shall submit to it the certification documents that meet the requirements prescribed in the Regulation and the present Detailed Rules, so as to obtain a Commercial Performance License. Within the territory of the People's Republic of China, where any individual who is of the age of 16 years old or above intends to become an individual performer, he (she) shall undergo the register formalities in the culture administrative department of the people's government at the county level or above where his (her) permanent residence is located. The culture administrative department shall complete the register formalities and issue a register certification to him (her). Article 10. The articles of association of a commercial performance entity shall comply with the state laws and regulations and shall state the following matters: (1) The purposes; (2) The name and address; (3) The economic nature; (4) The amount of registered capital and sources; (5) The business scope; (6) The organizational structure and functions; (7) The procedures for the creation of the legal representative and the functions thereof; (8) The financial management system and profit distribution forms; (9) The labor employment and income distribution system; (10) The procedures for modifications of articles of association; (11) The termination procedures; and (12) Other matters. Article 11. Any one who intends to establish a commercial cultural and artistic group shall meet the requirements prescribed in Article 9 of the Regulation and shall satisfy the following conditions: (1) Having a definite category of art performances; (2) Having a registered capital of 100,000 yuan or more; and (3) Having 5 or more performers with performing skills. Article 12. Any one who intends to establish a commercial performance place shall satisfy the requirements prescribed in Article 11 of the Regulation. The commercial performance place shall, within 15 days as of obtaining the business license, go through the record-keeping formalities in the local culture administrative department at the county level or above. Article 13. Any one who intends to establish a performance company shall meet the requirements prescribed in Article 13 of the Regulation and shall satisfy the following conditions: (1) Having a registered capital of 1 million yuan or more; (2) Having 3 or more brokers who meet the corresponding professional requirements; (3) Having 2 or more personnel who have acquired a grade IV or higher certificate for professionals of a foreign language or who have the same educational level; and (4) Having financial management personnel and enterprise management personnel who have acquired professional certificates. Article 14. Any one who intends to establish a performance brokerage company shall meet the following conditions: (1) Having a registered capital of 200, 000 yuan; (2) Having 3 or more brokers who meet the corresponding professional requirements; (3) Having 1 or more personnel who have acquired a grade IV or higher certificate for professionals of a foreign language or who have the same educational level; and (4) Having financial management personnel and enterprise management personnel who have acquired professional certificates. Article 15. A performance company, which has obtained the qualifications for undertaking foreign performance business upon the approval of the culture administrative department of the State Council, may undertake commercial foreign-related performances and commercial performances relating to Hong Kong, Macao and Taiwan. A performance company shall satisfy the following requirements when applying for qualifications for undertaking foreign-related performance business: (1) Having a registered capital of 5 million yuan or more; (2) Having 5 or more brokers who have the corresponding professional skills; (3) Having 3 or more personnel who have acquired a grade IV or higher certificate for professionals of a foreign language or who have the same educational level; (4) Having financial management personnel and enterprise management personnel who have acquired professional certificates. (5) Having at least two years of experiences or more in performance business; and (6) Good track record of international promotion of the outstanding Chinese plays or programs. The "commercial foreign-related performances" mean inviting foreign cultural and artistic groups or individual performers to undertake commercial performances in the Mainland of China independently or in the form of joint performances. The "commercial performances relating to Hong Kong, Macao and Taiwan" mean inviting cultural and artistic groups or individual performers from Hong Kong Special Administrative Region, Macao Special Administrative Region or Taiwan Region to undertake commercial performances in the inland of China (Mainland) independently or in the form of joint performances. Article 16. Any one who intends to establish a performance company or performance brokerage company shall apply to the provincial culture administrative department of the locality for examination and approval. If the application is approved, it shall be issued a Commercial Performance License and that shall be reported to the culture administrative department of the State Council for archival purpose. A performance company that intends to obtain the qualifications for undertaking foreign-related performance business shall file an application to the provincial culture administrative department of the locality. The provincial culture administrative department shall put forward an examination opinion and report it to the culture administrative department of State Council for examination and approval. If the culture administrative department of the State Council approves, the provincial culture administrative department of the locality shall replace the Commercial Performance License of the applicant by a new one. CHAPTER III PERFORMANCE CONTRACT Article 17. When holding a commercial performance activity, written performance contracts shall be concluded between the performance entities, between a performance entity and the invited performers, and between a performance entity and the relevant non-performance entities. The performance contracts include performance operating contracts, performance brokerage contracts, performance place lease contracts, performance equipment lease contracts, performance .donations or investment contracts, etc.. Article 18. A performance contract shall comply with the provisions of the laws, regulations and the present Detailed Rules. As for a commercial performance activity subject to examination and approval, the contract won't come into effect unless an approval has been granted. Article 19. A performance contract shall state the matters prescribed in Article 30 of the Regulation. The "other matters need to be stated" mentioned in Article 30 of the Regulation refer to: (1) The name of the performance activity; (2) The commercial cultural and artistic performance groups participating in the performance activity; (3) The sharing or return forms of performance investments or donations; (4) The performance remuneration, rental of performance place and equipment, commission of performance brokerage and expense payment forms; (5) The expenses of board and lodging, traffic, medical care and insurance of the performers and other employees; (6) Methods for settlement of disputes; (7) Liabilities for breach of contract; (8) Names, addresses, communication ways of both contracting parties, when and where the contract is signed, and signatures or seals of the parties concerned; and (9) Other rights and obligations that the parties concerned deem necessary to stipulate. Moreover, a foreign-related commercial performance contract shall state the nationality and domicile of the parties concerned, the language and its effectiveness, etc. Article 20. When a foreign-related commercial performance contract is concluded, the Chinese text shall prevail. As for any dispute over the contract, the laws and regulations of the People's Republic of China shall be applied. CHAPTER IV MANAGEMENT OF PERFORMANCES Article 21. Where a performance company intends to hold joint commercial performances, it shall apply to the culture administrative department that issued the License for Commercial Performances and provide the following documents: (1) An performance application; (2) The texts of all performance-related contracts; (3) The contents of the performance programs; and (4) The License for Commercial Performances of the commercial cultural and artistic performance group(s). Article 22. Where a performance company applies for holding foreign-related commercial performances, it shall be subject to the examination and approval of the culture administrative department of the State Council; but if it applies for inviting any foreign performance group or individual to undertake commercial performances for 6 months or less in fixed singing and dancing entertainment places, it shall be subject to the examination and approval of the local provincial culture administrative department. When applying for holding commercial performances relating to Hong Kong, Macao and Taiwan, it shall be subject to the examination and approval of the local provincial culture administrative department. When applying for holding one of the aforesaid commercial performance activities, it shall provide the following documents: (1) The performance application; (2) The texts of all performance-related contracts (in both Chinese and foreign language(s)); (3) The contents of the performance programs and pertinent video tapes (CDs); and (4) The name list, passports and other identification certification documents, certifications about the artistic level and credit standing of the cultural and artistic performance group and its performers and other employees from a foreign country or from Hong Kong, Macao or Taiwan. Article 23. When a performance company holds any commercial performance activity, it shall perform the following obligations: (1) To complete the performance application formalities; (2) To arrange the contents of the performance programs and advertisements and publicities; (3) To determine the ticket prices and to be responsible for the income and expenditure settlement of the performance activity; (4) To sign contracts relating to the performance activity and pay the expenses; (5) To pay and withhold the relevant taxes in accordance with the law; (6) To consciously accept the supervision and management of the culture administrative department of the performance place; and (7) To bear other necessary obligations. Article 24. Where a performance company holds any foreign-related performance activity or any performance activity relating to Hong Kong, Macao and Taiwan, it shall be responsible for handling the entry and exit formalities for all the cultural and artistic performance groups and individuals from foreign countries and 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 in addition. Article 25. When holding a commercial performance activity, priority shall be given to domestic performance equipment in light of the requirements for the design of the stage. Article 26. Where a commercial cultural and artistic performance group is to undertake commercial performances, it shall be subject to the approval of the culture administrative department at the county level or above of the performance place upon the strength of the Commercial Performance License and the materials of the performance programs. As for a non-state funded commercial cultural and artistic performance group, it shall simultaneously present its business license issued by the administrative department for industry and commerce to the approval organ. Article 27. Where an individual performer is invited to participate in commercial performances, a performance contract shall be signed. Where any of the in-service performers of a commercial cultural and artistic performance group or any of the teachers and students of a professional art college or university is invited to participate in commercial performances, he (she) shall sign a performance contract with the entity he (she) works for or studies in. Article 28. Where a state-funded cultural and artistic group invites a cultural and artistic performance group or performer of a foreign country or of Hong Kong, Macao or Taiwan to participate in the creation or performance of a play or program of this entity, it shall, according to the prescribed procedures, report this to the culture administrative department of the State Council and the provincial culture administrative department for examination and approval. Article 29. With regard to a foreign, Hong Kong, Macao or Taiwan art professional who, upon approval, is invited to carry out the teaching and research work in an art college or university, if it is necessary for him (her) to undertake any temporary commercial performance, the art university or college shall entrust a qualified foreign-related performance entity to handle the relevant matters and to report to the culture administrative department of the State Council and the provincial culture administrative department for examination and approval. Article 30. Where an entity holds an activity of public welfare performances, non-profit-making performances for raising donations or festival performances, if it is necessary to hold the performance activity in forms prescribed in Article 3 of the present Detailed Rules, it shall entrust a performance company to undertake the pertinent matters and to go through the formalities for examination and approval. Any performer or employee who participates in public welfare performances or non-profit-making performances for raising donations may not obtain any performance remuneration. The performance undertaking company shall donate the performance incomes to the cause of public welfare after deducting the essential costs, and may not obtain any profit from such performance activity. The performance incomes of public welfare performances or non-profit-making performances for raising donations include the ticket income, donations and advertisement income. The essential costs include the expenses of the meals, lodging and traffic of the performers and other employees, rental for the stage lighting and acoustic equipment, costumes and props, stage art and performance place, and publicity fees. The performance undertaking entity shall, within 10 days after the completion of public welfare performances or non-profit-making performances for raising donations, report the settlement of incomes and expenses to the examination and approval organ for archival purpose. Article 31. An investment entity of commercial performances may act as a sponsoring entity separately or jointly with other entity (entities). It may, upon approval, be entitled to enjoy the name-crowning right and the right to the distribution of performance incomes according to the contract stipulations. Article 32. When holding a performance activity, the commercial performance place shall comply with the relevant provisions of the state on the safety management of public places. Article 33. Where a singing and dancing entertainment place, hotel, restaurant, catering place or any other place holds a commercial performance activity within its place, it shall comply with the provisions of Article 11 of the Regulation and report to the local culture administrative department of the county at the county level or above for archival purpose and shall, not later than 5 days before the performance activity commences, submit the materials of performance programs to the said culture administrative department for approval. Article 34. With regard to a commercial performance activity subject to examination and approval, no press publicity about it may be made and no tickets may be sold until an approval is granted. Article 35. The audiences are allowed to watch the performances upon their tickets and shall accept the ticket-check by the performance personnel. No ticket may be forged or be resold at a high profit. Article 36. The persons-in-charge and the business managerial personnel of a commercial performance entity shall be subject to on-the-job training and evaluation by the culture administrative department. The specific measures shall be separately formulated by the provincial culture administrative department. Article 37. The culture administrative departments of all levels shall, in light of the needs of performance management work, establish a dynamic performance information reporting system, performance place monthly reporting system, performance practitioner on-the-job training system and performance market tour inspection system so as to intensify the supervision and inspection over commercial performances. CHAPTER V MANAGEMENT OF COMMERCIAL PERFORMANCE LICENSES Article 38. The Commercial Performance License of a commercial cultural and artistic performance group or a performance brokerage institution shall include 1 original text and 2 duplicates. The original text of the Commercial Performance License shall be hung at an eye-catching place of its main office. The Commercial Performance Licenses shall be designed by the culture administrative department of the State Council, shall be printed and produced by the provincial culture administrative departments according to the requirements of the culture administrative department of the State Council, shall be filled out, printed and sealed by the issuing organ. Article 39. Where the culture administrative department revokes the commercial performance license of a commercial cultural and artistic performance group or performance brokerage institution, it shall notify the administrative department for industry and commerce that it shall modify its business scope or revoke its business license. The commercial cultural and artistic performance group or performance brokerage institution shall go through the formalities for industry and commerce registration according to the provisions of the state. If it refuses to do so, or if it doesn't meet the industry and commerce registration requirements, the cultural administrative department shall repeal the approval documents and withdraw the Commercial Performance License issued by it. With regard to the Commercial Performance License of a commercial cultural and artistic performance group or commercial brokerage institution, only the culture administrative department may suspend or revoke it, no other entity or individual may capture or detain it. Article 40. If any one undertakes commercial performances by using an expired, invalid, forged or altered Commercial Performance License, the provincial culture administrative department shall capture the said Commercial Performance License. If any crime is constituted, it shall be subject to the criminal liabilities. Article 41. With regard to the revocation or cancellation of the Commercial Performance License of a commercial cultural and artistic performance group or performance brokerage institution, it shall be reported to the provincial culture administrative department for archival purpose. As to the revocation of the Commercial Performance License of a performance brokerage institution, it shall be reported to the culture administrative department of the State Council for archival purpose. Article 42. The culture administrative departments of all levels shall establish a license issuance register system and license issuance statistic system for commercial cultural and artistic performance groups and performance brokerage institutions as well as an individual performer register system. Article 43. A commercial cultural and artistic performance group and performance brokerage institution that has obtained the Commercial Performance License upon approval shall, within 90 days, submit a duplicate of the Business License issued by the administrative department for industry and commerce to the issuing culture administrative department for archival purpose. If it fails to do so within the time limit, the culture administrative department shall withdraw its Commercial Performance License. CHAPTER VI PUNISHMENT PROVISIONS Article 44. Any one who fails to perform its obligations in performance business or resells or transfers the business right of a performance activity by violating Articles 23 and 24 of the present Detailed Rules, it shall be punished by the culture administrative department in accordance with Article 50 of the Regulation. Article 45. If any one violates Article 26 of the present Detailed Rules due to failing to complete the examination and approval formalities in the culture administrative department of the performance place, but undertakes commercial performances, the culture administrative department of the performance place shall order it to cease the performances, confiscate its illegal gains and impose on it a fine of 10, 000 yuan. The appliances and equipment used in the illegal commercial performances may be registered and kept by the culture administrative department beforehand. Article 46. Any one who releases commercial performance advertisements by violating the regulations on the administration of advertisements shall be punished by the administrative department for industry and commerce in pursuance of the Advertisement Law and other relevant regulations. Any one who forges or resells tickets at a high profit shall be punished by the public security organ in accordance with the law. Article 47. If any one, in violation of Article 27 of the present Detailed Rules, invites any of the in-service performers of a commercial cultural and artistic performance group or any of the teachers and students of an art university or college to participate in commercial performances without signing a performance contract with the entity for which the performer works or in which he/she studies, the culture administrative department shall punish it in accordance with Article 47 of the Regulation, and shall punish the performer in accordance with Article 48 of the Regulation. If it invites an individual performer to participate in commercial performances without signing a performance contract, the culture administrative department shall punish it pursuant to Articles 47 and 48 of the Regulation. Article 48. If any one, in violation of Articles 28 and 29 of the present Detailed Rules, invites a foreign, Hong Kong, Macao or Taiwan cultural and artistic performance group or performer to participate in the creation and performances of a play (program) of this entity or invites a foreign, Hong Kong, Macao or Taiwan art professional who undertakes teaching or research in an art university or college upon approval, but fails to go through the examination and approval formalities, it shall be punished by the culture administrative department in accordance with Articles 40 and 42 of the Regulation. Article 49. If any one holds commercial performances without going through the examination and approval formalities under the prescribed procedures, makes performance publicity or sells performance tickets by violating Articles 30, 33 and 34 of the present Detailed Rules, the culture administrative department shall order it to stop the illegal activities, confiscate its illegal income and impose upon it a fine of 10,000 up to 30,000 yuan. Article 50. Where a singing and dancing entertainment place, hotel, restaurant, catering place or any other place needs to hold commercial performances within its place, but it fails to go through the record-keeping formalities, it shall be ordered to get right and may be fined 1,000 yuan up to 3,000 yuan by the culture administrative department. If it holds commercial performances within its place, but it fails to submit the materials of the performance programs to the culture administrative department at the county level (above) for approval, the culture administrative department shall order it to cease the performances, confiscate its illegal income and impose on it a fine of not more than 10,000 yuan. The appliances and equipment used in the illegal commercial performances may be registered and kept by the culture administrative department beforehand. Article 51. If any one obtains a Commercial Performance License or performance approval documents by providing false documents, the culture administrative department shall revoke its Commercial Performance License or repeal the approval documents. If any crime is constituted, the criminal liabilities shall be prosecuted for. Article 52. Where a culture administrative department imposes an administrative punishment upon a commercial cultural and artistic performance group and brokerage institution, it shall record the punishment decision on and affix the official seal of the punishing organ to its Commercial Performance License, and shall notify the issuing organ of the Commercial Performance License of the punishment decision. CHAPTER VII SUPPLEMENTARY PROVISIONS Article 53. The commercial performance entities of various types, which were established upon approval of the culture administrative departments of all levels before the present Detailed Rules come into force, shall still undertake activities of commercial performances under the business scope upon the original approval. Article 54. The power to interpret the present Detailed Rules shall remain with the administrative department of the State Council. Article 55. The present Detailed Rules shall come into force as of July 1, 2004. And the Detailed Rules for the Implementation of the Regulation on Commercial Performances promulgated on July 26, 2002 shall be abolished simultaneously. |
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