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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II ESTABLISHMENT OF BUSINESS SUBJECT OF COMMERCIAL PERFORMANCES CHAPTER III NORMS ON COMMERCIAL PERFORMANCES CHAPTER IV SUPERVISION AND MANAGEMENT CHAPTER V LEGAL LIABILITIES CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. This Regulation is formulated with a view to strengthening the management of commercial performances, promoting the development of cultural industry, boosting the socialist art cause, catering to the cultural needs of the people and promoting the socialist spiritual civilization. Article 2. The "commercial performances" mentioned in this Regulation refer to the live art performances geared towards the general public for commercial purposes. Article 3. The commercial performances shall adhere to the direction of serving the people and the socialism, give priority to the social benefits, harmonize the social and economic benefits and enrich the cultural life of the people. Article 4. The state encourages the excellent programs that unify the cultural and artistic performance groups, creation of performers as well as the spirits and artistic quality of performances, reflect the good national cultural tradition and are popular among the people, and encourages the performances that are gratuitously or preferentially offered to rural areas, industrial and mining enterprises, as well as the children. Article 5. The culture administrative department of the State Council shall be responsible for the supervision and management of the commercial performances throughout the country. The public security department and the industry and commerce administrative department of the State Council shall, according to their respective functions, be responsible for the supervision and management of the commercial performances. The culture administrative departments of the local people's governments at or above the county level shall be responsible for the supervision and management of the commercial performances within their respective administrative area. The public security departments and the industry and commerce administrative departments of the local people's governments at or above the county level shall, according to their respective functions, be responsible for the supervision and management of commercial performances. CHAPTER II ESTABLISHMENT OF BUSINESS SUBJECT OF COMMERCIAL PERFORMANCES Article 6. When establishing a cultural and artistic performance organization, the applicant shall have full-time performers and equipment that can meet the needs of its business of performances. When establishing a performance brokerage institution, the applicant shall have 3 or more full-time performance brokers and fund that can meet the needs of its business. Article 7. When establishing a cultural and artistic performance group, the applicant shall file an application with the culture administrative department of the people's government at the county level. When establishing a performance brokerage institution, the applicant shall file an application with the culture administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government. The culture administrative department shall make a decision within 20 days after it accepts the application. If it approves the application, it shall grant the applicant a commercial performance license. If it disapproves the application, it shall notify the applicant in writing and make an explanation. After the applicant obtains the commercial performance license, it shall, upon strength of the license, go through the registration formalities in the industry and commerce administrative department to get a business license. Article 8. When establishing a business entity of commercial performance place, the applicant shall go through the registration formalities in the industry and commerce administrative department, get a business license, and go through the examination and approval formalities in accordance with the relevant laws and administrative regulations on fire protection, sanitation, etc. The business entity of commercial performance place shall, within 20 days after it obtains the business license, go through the archival filing formalities in the culture administrative department of the people's government at the county level of the place where it is located. Article 9. Where a cultural and artistic performance group or performance brokerage institution intends to change its name, domicile, legal representative or major person-in-charge, or business items of commercial performances, it shall file an application with the original license issuing organ for changing its commercial performance license and go through the formalities for modifying the registration in the industry and commerce administrative department. Where a business entity of commercial performance place intends to change its name, domicile, legal representative or major person-in-charge, it shall go through the formalities for modifying the registration in the industry and commerce administrative department and shall, once again, go through the archival filing formalities in the original archival filing organ. Article 10. The self-employed performers engaged in commercial performances (hereinafter referred to the self-employed performers) and the self-employed performance brokers engaged in the activities such as intermediary and agency for commercial performances (hereinafter referred to the self-employed performance brokers) shall each go through the registration formalities in the industry and commerce administrative department to get a business license. A self-employed performer or self-employed performance broker shall, within 20 days after it obtains a business license, go through the archival filing formalities in the local culture administrative department of the people's government at the county level. Article 11. Foreign investors may, jointly with Chinese investors, establish Sino-foreign equity joint and Sino-foreign contractual performance brokerage institutions and business entities of performance place. No foreign investor may establish any Sino-foreign equity joint, Sino-foreign contractual or solely foreign-funded cultural and artistic performance group, or establish any solely foreign-funded performance brokerage institution or business entity of performance place. When establishing a Sino-foreign equity joint performance brokerage institution or business entity of performance place, the investment proportion of the Chinese party shall not be less than 51%. When establishing a Sino-foreign contractual performance brokerage institution or business entity of performance place, the Chinese party shall have the decision-making power. When establishing a Sino-foreign equity joint or Sino-foreign contractual performance brokerage institution or business entity of performance place, the applicant shall, via the culture administrative department of the people's government of the relevant province, autonomous region or municipality directly under the Central Government, file an application to the culture administrative department of the State Council. The culture administrative department of the people's government of the relevant province, autonomous region or municipality directly under the Central Government shall, within 20 days after it receives the application, issue and submit its examination opinions to the culture administrative department of the State Council for examination and approval. The culture administrative department of the State Council shall make a decision within 20 days after it receives the examination opinions of the culture administrative department of the people's government of the relevant province, autonomous region or municipality directly under the Central Government. If it approves the application, it shall grant the applicant a commercial performance license. If it disapproves the application, it shall notify the applicant in writing and make an explanation. After the applicant obtains the commercial performance license, it shall go through the examination and approval formalities in accordance with the relevant laws and regulations on foreign investment. Article 12. The investors from Hong Kong Special Administrative Region and Macao Special Administrative Region may establish equity joint, contractual and solely funded business entities of performance place, as well as equity joint and contractual performance brokerage institutions in the mainland. The performance brokerage institutions of Hong Kong Special Administrative Region and Macao Special Administrative Region may set up branches in the mainland. The investors from Taiwan region may establish equity joint and contractual performance brokerage institutions and business entities of performance place in the mainland. However, the investment proportion of the mainland party shall not be less than 51% and the mainland party shall have the decision-making power. No investor from Taiwan region may establish any equity joint, contractual or solely-funded cultural and artistic performance group, or solely-funded performance brokerage institution or business entity of performance place. The examination and approval formalities prescribed in this Article shall be handled in accordance with the third paragraph of Article 11 of this Regulation. CHAPTER III NORMS ON COMMERCIAL PERFORMANCES Article 13. A cultural and artistic performance group or self-employed performer may stage commercial performances independently, and may participate in any cooperative commercial performances. The cooperative commercial performances shall be arranged by a performance brokerage institution, but a business entity of performance place may stage cooperative commercial performances at its own performance place. A performance brokerage institution may be engaged in the activities such as intermediary, agency and brokerage for commercial performances; a self-employed performance broker may only act as a middleman or agent for commercial performances. Article 14. When hosting commercial performances, the applicant shall file an application with the culture administrative department of the people's government at the county level of the place where the performances are hosted. The culture administrative department of the people's government at the county level shall make a decision within 3 days after it accepts the application. If the application meets the requirements prescribed in Article 26 of this Regulation, it shall grant the applicant an approval document. If the application does not, it shall make a decision of disapproval and shall notify the applicant in writing and make an explanation. Article 15. With the exceptions of performance brokerage institutions, any other entity or individual shall not host commercial performances participated in by foreign or Hong Kong or Macao cultural and artistic performance groups or individuals. However, when a cultural and artistic performance group hosts commercial performances by itself, it may invite foreign, Hong Kong and Macao cultural and artistic performance groups and individuals to participate in the commercial performances. When hosting commercial performances with participants of foreign, Hong Kong and Macao cultural and artistic performance groups and individuals, the hosting party shall meet the following requirements: (1) Having the fund that can meet the relevant needs of the commercial performances; (2) Having 2-year or more experience of hosting commercial performances; and (3) Having no record of violating this Regulation within 2years prior to the to-be-hosted commercial performances. Article 16. If the commercial performances with participants of foreign cultural and artistic performance groups and individuals are not hosted in a singing and dancing entertainment place, the hosting entity shall file an application with the culture administrative department of the State Council. If they are hosted in a singing and dancing entertainment place, the hosting entity shall file an application with the culture administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government of the place where the commercial performances are hosted. With regard to the commercial performances with participants of Hong Kong and Macao cultural and artistic performance groups and individuals, the hosting entity shall file an application with the culture administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government of the place where the commercial performances are hosted. With regard to the commercial performances with participants of Taiwan cultural and artistic performance groups and individuals, the hosting entity shall file an application with the culture administrative department of the State Council jointly with the examination and approval organ designated by the relevant departments of the State Council. The culture administrative department of the State Council, or the culture administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government shall make a decision after it accepts an application. If the application meets the requirements specified in Article 26 of this Regulation, it shall grant the applicant an approval document. If it does not, it shall disapprove it and shall notify the applicant in writing and make an explanation. Article 17. The application materials for hosting commercial performances shall include the following items: (1)The name of the performance, hosting entity and participants of cultural and artistic performance group and actors of the performances; (2)The date, place and total number of performances; and (3)The programs and the relevant visual and audio materials; When applying for hosting cooperative commercial performances, the applicant shall, in addition to submitting the above-mentioned materials, submit the performers' written letters about their promises to participate in the performances. Where it is necessary to change any of the items listed in the application materials of the commercial performances, the applicant shall, for a second time, go through formalities for examination and approval respectively in accordance with Articles 14 and 16 of this Regulation. Article 18. When providing a performance place, the business entity of performance place shall verify the approval document obtained by the hosting entity of performances. It shall not provide its performance place for any unapproved commercial performances. Article 19. A business entity of performance place shall ensure that the building and facilities of the performance place conform to the national safety standards and fire protection and safety norms, shall regularly check the status of the fire protection and safety facilities and shall maintain and renew these facilities in time. The business entity of performance place shall set forth a plan on security protection and a plan on fire control and emergency evacuation. When a hosting entity of performances intends to host commercial performances in a performance place, it shall verify the records of the checks over fire protection and safety facilities, the security protection plan as well as the fire control and emergency evacuation plan of the business entity of performance place, and shall sign a safety responsibility agreement with the business entity of performance place regarding the prevention and handling of emergent safety accidents during the performances. Article 20. When hosting commercial performances in a pubic place, the hosting entity shall go through the examination and approval formalities in accordance with the laws, administrative regulations and provisions of the state on safety and fire prevention and shall set forth a security protection plan as well as a fire control and emergency evacuation plan. The performance place shall be equipped with emergency broadcasting and lighting devices, shall set up obvious marks at the safe entries and exits and shall ensure the smoothness of the safe entries and exits. If it is necessary to put up a temporary stage or stand, the hosting entity shall comply with the relevant national safety standards so as to ensure the safety. Article 21. When examining the commercial performances that need to put up a temporary stage or stand, the culture administrative department shall examine the following documents of the hosting entity: (1)The conformity certification for the performance place upon check and acceptance; (2)The security protection plan and emergency evacuation plan; and (3)The lawfully obtained safety and fire protection approval documents; Article 22. The audience capacity of a performance place shall be subject to the examination and approval of the public security department. The audience area and the buffer area shall be demarcated by the public security department and the buffer area shall have a conspicuous mark. The hosting entity shall print, produce and sell tickets according to the number of audience approved and the audience area demarcated by the public security department. When checking the tickets, if the hosting entity finds that the number of audience who have entered the performance place has reached the audience number examined and approved by the public security department but there are still audience waiting for entering the performance place, it shall immediately stop checking tickets and shall simultaneously report the information to the public security department at the county level of the place where the performances are hosted. If it finds any audience holding tickets beyond the audience area or false tickets, it shall refuse them to enter the performance place and shall report to the public security department at the county level of the place where the performances are hosted. Article 23. No one may carry any infectious disease pathogen, explosive, flammable, radioactive, corrosive or any other dangerous substances, or illegally carry any gun, ammunition or controlled tool into the spot of the commercial performances. The business entity of performance place shall, according to the requirements of the public security department, be equipped with security check facilities and shall conduct necessary security check over the audience entering the spot of the performance place. If any audience refuses the security check or commits any of the forbidden acts mentioned in the preceding paragraph, the business entity of performance place may refuse his entering the spot of performance place. Article 24. The hosting entity of performances shall organize persons to carry out the safety and fire prevention measures during the commercial performances and maintain the order of the spot of commercial performances. If the hosting entity of performances and the business entity of performance place find that the spot of commercial performances is in confusion, they shall immediately take measures and simultaneously report to the public security department at the county level of the place where the performances are hosted. Article 25. A hosting entity of performances shall not host any commercial performances in the name of government or any government department. No commercial performances may be titled with words such as "China (Zhongguo)", "Chinese (Zhonghua)", "National (Quanguo)", "International" (Guoji), etc. The advertisements of commercial performances shall be genuine and lawful, shall not mislead or cheat the general public. Article 26. No commercial performance may: (1) oppose the basic principles determined by the Constitution; (2) endanger the unity, sovereignty, territorial integrity and security of the state, or jeopardize the honor or interests of the state; (3) stir up hatred or discrimination among ethnic groups, undermine the solidarity among ethnic groups, disrespect ethnic customs or practices, or violate the religious policies; (4) disrupt social order and harm social stability; (5) harm the social morality or the excellent national culture and tradition; (6) advocate pornography, cult, superstition or violence; (7) insult or defame others, and infringe upon others' legitimate rights and interests; (8) be cruel and harmful to performers both physically and mentally; (9) solicit audience by making use of the physical deformities or by showing physical variation of the performers; nor (10) commit any acts that are prohibited by any law or administrative regulation. Article 27. Where a business entity of performance place or hosting entity of performances finds that the commercial performances fall within any of circumstances mentioned in Article 26 of this Regulation, it shall immediately take measures to stop it and simultaneously report to the public security department at the county level of the place where the performances are hosted. Article 28. Where the cultural and artistic performance group, main performer or principal program of commercial performances is changed, the hosting entity shall timely inform the audience and make an explanation. The audience may return their tickets. During the course of performances, the hosting entity shall not suspend or terminate the performances and no actor may withdraw from the performances except that the performances are unable to proceed due to any force majeure. Article 29. No performer may cheat the audience by lip synching. No hosting entity may organize the performers to conduct lip synching. No entity or individual may provide any conditions for lip synching. The hosting entity of commercial performances shall assign persons to supervise the performances so as to prevent the lip synching acts. Article 30. A business subject of commercial performances shall make tax payments for its incomes from commercial performances. When a hosting entity of performances pays the performers and its staff performance remuneration, it shall fulfill the tax withholding obligation. Article 31. The income from charity performances shall, excluding the necessary costs, be entirely given to the donee entity. No hosting entity, participant of cultural and artistic performance group or performer or staff member may benefit from charity performances. Article 32. No entity or individual may counterfeit, alter, rent, lend, buy or sell any commercial performance license, approval document or business license. No entity or individual may counterfeit or alter any commercial performance tickets or buy in any counterfeitd or altered commercial performance tickets and sell them at a profit. CHAPTER IV SUPERVISION AND MANAGEMENT Article 33. The culture administrative departments may, in pursuance of the relevant provisions of the state, give subsidies to the performances that reflect the ethnic features and national level, except that, the people's governments and government departments at all levels shall not financially support or sponsor commercial performances or do so in any disguised form, or use public funds to purchase tickets of commercial performances for personal consumption. Article 34. The culture administrative departments shall strengthen the supervision and management over commercial performances. With regard to the commercial performances with participants of foreign, Hong Kong, Macao or Taiwan cultural and artistic performance groups and individuals, and the commercial performances for which a temporary stage or stand is put up, the culture administrative department of the people's government at the county level of the place where the performances are staged shall conduct an on-the-spot inspection; as to other types of commercial performances, it shall conduct on-the-spot selective checks. Article 35. The culture administrative departments of the people's governments at the county level or above shall give full play to the roles of the culture law enforcement institutions and may hire volunteer supervisors to supervise commercial performances. Any entity or individual may, by telephone or mobile phone short message, tip off any act in violation of this Regulation. The culture administrative departments of the people's government at the county level or above shall publish the tip-off telephone number and shall ensure that the phone calls will be answered at any time. After the culture administrative department of the people's government at the county level or above receives the report of a volunteer supervisor or any tip-off from the public, it shall make transcripts, shall immediately go to the spot to investigate and handle it, and shall publish the handling result within 7 days after it finishes the handling. The culture administrative department of the people's governments at the county level or above shall commend the volunteer supervisors who have made outstanding contributions, and shall reward the informants whose tip-off is confirmed upon investigation. Article 36. After the public security department approves any commercial performances in accordance with the relevant laws, administrative regulations and provisions of the state, it shall conduct an on-the-spot check over the safety status of the spot of the commercial performances before the performances are staged. If it finds any hidden danger of safety, it shall not allow the commercial performances to start until the hidden danger of safety is eliminated. The public security department may conduct a necessary safety check over the audience entering the spot of the commercial performances. If it finds any audience commits any of the acts prohibited in the first paragraph of Article 23 of this Regulation, it shall not allow him to enter the spot of commercial performances until the hidden danger of safety is eliminated. The public security department may organize the police force to help the hosting entity of performances to maintain the order of the spot of commercial performances. Article 37. The public security department shall take measures to eliminate the hidden danger of safety as soon as it receives a report that the number of audience has reached the approved number thereof and there are still people waiting for entering the performance place, or that the spot of the commercial performances is in confusion. Article 38. The personnel of public security department and the culture administrative department who undertake the spot management and inspection tasks shall show their duty certificates when entering the spot of commercial performances. Article 39. When the culture administrative department conducts supervision and inspection over commercial performances in accordance with the law, it shall record the supervision and inspection information as well as handling results and shall keep the relevant records as files after they are signed by the supervisors and inspectors. The general public shall be entitled to consult the supervision and inspection records. Article 40. A culture administrative department, public security department or any other relevant department, or any of its staff members shall not ask any hosting entity of performances or business entity of performance place for tickets of performances. Article 41. The culture administrative department of the State Council and the culture administrative departments of all provinces, autonomous regions and municipalities directly under the Central Government shall commend and shall adopt various measures to publicize the cultural and artistic performance groups and performers who have made distinctive contributions to stage performances in the rural areas, industrial and mining enterprises, as well as to offering free and preferential performances to the children. With regard to the programs that are proper to be staged in rural areas and industrial and mining enterprises, the culture administrative department of the State Council may, after it obtains the permission of the copyright owners in accordance with the law, offer them to the cultural and artistic performance groups and performers to perform in the rural areas, and industrial and mining enterprises. When the culture administrative departments decide on awards through discussion, they shall properly take into consideration the number of performances staged in the rural areas, and industrial and mining enterprises by the candidate cultural and artistic performance groups and performers. The local people's governments at the county level or above shall support the cultural and artistic performance groups and performers who conduct performances in rural areas, and industrial and mining enterprises. Article 42. The performance associations shall, under their respective charter, formulate self-disciplinary norms, give guidance to and supervise the business operations of their members and promote fair competition. CHAPTER V LEGAL LIABILITIES Article 43. The culture administrative department of the people's government at the county level shall ban any of the following acts, shall confiscate the performance equipment and illegal gains, shall fine the violator 8 times up to 10 times of the amount of the illegal gains. If there are no illegal gains or if the amount of illegal gains is less than 10,000 yuan, it shall fine the violator 50,000 yuan up to 100,000 yuan concurrently. If any crime is constituted, the violator shall be subject to the criminal liabilities: (1)Violating Article 7, 11 or 12 of this Regulation due to illegally setting up any cultural and artistic performance group, performance brokerage institution or unlawfully engaging in business of commercial performances; (2)Violating Article 13 or 15 of this Regulation to engaging in business of commercial performances by exceeding the business scope; or (3)Violating the provisions in the first paragraph of Article 9 of this Regulation due to failure to file an application with the original license issuing organ for replacing the commercial performance license by a new one after changing the business items of commercial performances. Anyone who violates Article 8 or 10 of this Regulation due to illegally establishing any business entity of performance place or unlawfully engaging in business of commercial performances shall be banned and punished by the industry and commerce administrative department. If any crime is constituted, it (he) shall be subject to criminal liabilities. Article 44. In case any hosting entity of performances violates Article 14 or 16 of this Regulation due to hosting unapproved commercial performances, the culture administrative department of the people's government at the county level shall order it to stop the performances, confiscate the illegal gains and fine it 8 times up to 10 times of the amount of the illegal gains. If there are no illegal gains or if the amount of illegal gains is less than 10,000 yuan, it shall fine it 50,000 yuan up to 100,000 yuan concurrently. If the circumstances are severe, the original license issuing organ shall revoke its commercial performance license. In case the provisions of the third paragraph of Article 17 of this Regulation are violated due to failure to go through the examination and approval formalities for a second time after the change of the hosting entity of performances, participant of cultural and artistic group or performer, or program, the punishments shall be imposed in accordance with the preceding paragraph. If any entity fails to go through the examination and approval formalities for a second time after it changes the name, date, place or number of performances, the culture administrative department of the people's government at the county level shall order it to make corrections, give it a warning and may fine it 30,000 yuan or less simultaneously. Where a business entity of performance place offers place for any unapproved commercial performances, the culture administrative department of the people's government at the county level shall order it to make corrections, confiscate its illegal gains and fine it 3 times up to 5 times of the amount of the illegal gains. If there are no illegal gains or if the amount of illegal gains is less than 10,000 yuan, it shall fine it 30,000 yuan up to 50,000 yuan concurrently. Article 45. In case anyone violates Article 32 of this Regulation due to counterfeiting, altering, renting, lending, buying or selling any commercial performance license or document, or due to obtaining any commercial performance license or approval document by illegal means, the culture administrative department of the people's government at the county level shall confiscate the illegal gains and fine it (him) 8 times up to 10 times of the amount of the illegal gains. If there are no illegal gains or if the amount of illegal gains is less than 10,000 yuan, it shall fine it (him) 50,000 yuan up to 100,000 yuan concurrently. The commercial performance license or document formerly obtained by the violator shall be revoked. If any crime is constituted, the violator shall be subject to criminal liabilities. Article 46. Where any commercial performances fall within any of the prohibited circumstances specified in Article 26 of this Regulation, the culture administrative department of the people's government at the county level shall order the violator to stop the performances, confiscate the illegal gains and fine it 8 times up to 10 times of the amount of the illegal gains. If there are no illegal gains or if the amount of illegal gains is less than 10,000 yuan, it shall fine it 50,000 yuan up to 100,000 yuan concurrently. If the circumstances are severe, the original license issuing organ shall revoke its commercial performance license. If the public security management provisions are violated, the public security department shall punish the violator in accordance with the law. If any crime is constituted, the violator shall be subject to criminal liabilities. Where a business entity of commercial performances or hosting entity of performances finds any of the prohibited circumstance mentioned in Article 26 of this Regulation but fails to take measures to stop it, the culture administrative department or the public security department of the people's government at the county level shall, under the corresponding statutory functions, give it a warning and fine it 50,000 yuan up to 100,000 yuan concurrently. If it fails to report the circumstance to the culture administrative department or the public security department of the people's government at the county level in accordance with Article 27 of this Regulation, the culture administrative department or the public security department of the people's government at the county level shall give it a warning according to its statutory functions and shall fine it 5,000 yuan up to 10,000 yuan concurrently. Article 47. Any hosting entity of performances, cultural and artistic performance group or performer, which or who commits any of following acts shall be disclosed to the general public by the culture administrative department of the State Council or by the culture administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government. If the hosting entity of performances or cultural and artistic performance group is disclosed for a second time within 2 years, its commercial performance license shall be revoked by the original license issuing organ. If the individual performer is disclosed for a second time within 2 years, his business license shall be revoked by the industry and commerce administrative department: (1)Suspending, terminating or withdrawing from the performances not for force majeure; (2)Failing to timely notify the audience of the change in the cultural and artistic performance group, main performer or main programs; (3)Cheating the audience by lip synching; or (4)Providing conditions for the performers to conduct lip synching. Where any of the acts specified in Items (1) through (3) of the preceding paragraph is committed, the audience shall be entitled to require the hosting entity of performances to compensate for their losses in accordance with the legal provisions on the protection of the rights and interests of consumers. The hosting entity of performances may require the liable cultural and artistic group or performer to repay the advance compensation it makes. Where any of the acts specified in Items (1) through (3) of the first paragraph of this Article is committed, the culture administrative department of the people's government at the county level shall fine the violator 50,000 yuan up to 100,000 yuan. Where a violator commits an act specified in Item (4) of the first paragraph of this Article, the culture administrative department of the people's government at the county level shall fine it 5,000 yuan up to 10,000 yuan. Article 48. In case any entity hosts commercial performances on behalf of the government or government department or hosts any commercial performance titled with words such as "China (Zhongguo)", "Chinese (Zhonghua)", "National (Quanguo)", or "International" (Guoji), the culture administrative department of the people's government at the county level shall order it to make corrections, confiscate its illegal gains and fine it 3 times up to 5 times of the amount of the illegal gains concurrently. If it has no illegal gains or the amount of illegal gains is less than 10,000 yuan, the aforesaid culture administrative department shall fine it 30,000 yuan up to 50,000 yuan concurrently. If it refuses to make corrections or has caused any serious consequences, the original license issuing organ shall revoke its commercial performance license. Where a commercial performance advertisement contains any misleading or deceptive content or any other illegal content, the industry and commerce administrative department shall order the violator to stop issuing such advertisement and punish it in accordance with the law. Article 49. Where a hosting entity of performances or its legal representative or major person-in-charge or any other directly liable person obtains any economic benefits from any charity performances, the culture administrative department of the people's government at the county level or above shall, according to its functions, order it (him) to make a refund to the donee entity. If any crime is constituted, it (he) shall be subject to criminal liabilities. If no crime is constituted yet, the culture administrative department of the people's government at the county level or above shall, according to its functions, fine it 3 times up to 5 times of the amount of the illegal gains, and the culture administrative department of the State Council or the culture administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government shall announce its (his) name to the general public, or even the original license issuing organ shall revoke the commercial performance license of the hosting entity. Where a cultural and artistic group or performer or staff member obtains any economic benefits from any charity performances, the culture administrative department of the people's government at the county level or above shall, according to its functions, order it (him) to make a refund and deliver the money to the donee entity. Article 50. Where a cultural and artistic performance entity or performance brokerage institution violates the provisions of the first paragraph of Article 9 of this Regulation due to its failure to file an application with the original license issuing organ for replacing its commercial performance license by a new one after changing the name, domicile, legal representative or major person-in-charge, the culture administrative department of the people's government at the county level shall order it to make correction, give it a warning and fine it 10,000 yuan up to 30,000 yuan. Where an entity or person violates the second paragraph of Article 8, the second paragraph of Article 9 or the second paragraph of Article 10 of this Regulation due to its (his) failure to go through the archival filing formalities, the culture administrative department of the people's government at the county level shall order it (him) to make corrections, give a warning or fine it (him) 5,000 yuan up to 10,000 yuan. Article 51. Anyone who commits any of the following acts shall be punished by the public security department or by the public security and fire control institution according to its statutory functions. If any crime is constituted, it (he) shall be subject to criminal liabilities: (1)Violating the relevant provisions of this Regulation on the safety and fire prevention management; or (2)Counterfeiting or altering commercial performance tickets, or buying in counterfeited or altered tickets and selling them at a profit. Where a hosting entity of performances produces or sells commercial performance tickets whose number exceeds the approved audience number or which are beyond the audience area, the public security department of the people's government at the county level or above shall, according to its functions, order it to make corrections, confiscate its illegal gains and fine it 3 times up to 5 times of the amount of the illegal gains. If there are no illegal gains or if the amount of illegal gains is less than 10,000 yuan, the aforesaid public security department shall fine it 30,000 yuan up to 50,000 yuan concurrently. If it causes any severe consequences, the original license issuing organ shall revoke its commercial performance license. If any crime is constituted, it shall be subject to criminal liabilities. Article 52. Any cultural and artistic performance group or performance brokerage institution, whose commercial performance license is revoked by the culture administrative department due to its violation of this Regulation, shall go through formalities for the modification or cancellation registration in the industry and commerce administrative department. If it fails to do so within the time limit, its business license shall be revoked. Where a business entity of performance place, self-employed performance broker or self-employed actor violates this Regulation, and the circumstances are serious, the culture administrative department of the people's government at the county level or above shall, according to its functions, order it (him) to stop the business of commercial performances and notify the industry and commerce administrative department, which shall revoke its business license. Where a business entity of performance place is engaged in other businesses, the industry and commerce administrative department shall order it to complete the modification registration. If it fails to do so, it shall revoke its business license. Article 53. In case anyone is revoked of the commercial performance license by the culture administrative department, or is revoked of the business license by the industry and commerce administrative department or is ordered to modify the registration due to violating this Regulation, if the violator is an entity, its legal representative or person-in-charge shall not take up the position of the legal representative or major person-in-charge of any cultural and artistic performance group, performance brokerage institution or business entity of performance place within 5years. If the violator is an individual and is a self-employed performer, he shall not engage in commercial performances within 1 year. If the violator is a self-employed performance broker, he shall not engage in the activities as intermediary or agency of commercial performances. In case anyone is revoked of the commercial license by the culture administrative department, or is revoked of the business license by the industry and commerce administrative department or is ordered to modify the registration because the commercial performances fall within any of the prohibited circumstances mentioned in Article 26 of this Regulation, it (he) shall not engage in the activities such as intermediary, agency and brokerage any longer. Where anyone has been subjected to 2 administrative punishments in 2 years due to violating this Regulation, and if he commits any new violation and shall be subject to punishment under this Regulation, he shall be given a heavier punishment. Article 54. Where any people's governments or government departments illegally offer financial support or sponsor any commercial performances or does so in any disguised form, or use public fund to buy commercial performance tickets for personal consumption, they shall be ordered to make corrections in accordance with the administrative regulations on the punishments and sanctions against public finance related violations. The relevant entity shall be given a warning or a criticism shall be circularized. The directly liable person-in-charge and other directly liable persons shall be given a sanction of serous offence. If the circumstances are serious, they shall be degraded or dismissed from their posts. If the circumstances are extremely serious, they shall be discharged. Article 55. Any staff member of a culture administrative department, public security department or industry and commerce administrative department who abuses his power, neglects his duties, seeks private benefits or fails to perform his duties pursuant to this Regulation shall be given an administrative sanction. If any crime is constituted, he shall be subject to criminal liabilities. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 56. The people's government of each province, autonomous region or municipality directly under the Central Government may formulate concrete measures for the management of commercial performances of self-employed folk performers. Article 57. This Regulation shall come into force as of September 1, 2005. The Regulation on the Administration of Commercial Performances promulgated by the State Council on August 11, 1997 shall be simultaneously abolished. |
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