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营业性演出管理条例 REGULATIONS GOVERNING PERFORMANCES FOR BUSINESS

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国务院令第229号
(Adopted at the 61st Executive Meeting of the State Council on August 1, 1997, and promulgated by Decree No. 229 of the State Council of the People's Republic of China on August 11, 1997)
颁布日期:19970811  实施日期:19971001  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Regulations are formulated for the purpose of enhancing control over performances for business, bringing about the flourishing of the cause of socialist art and literature, satisfying the requirements of the people in cultural life and promoting the building of socialist spiritual civilization.

  Article 2 These Regulations shall be observed in engaging in performing activities for business and in the exercise of supervision and control over performing activities for business within the territory of the People's Republic of China.

  Art performing troupes, sites for performances and brokerage agencies for performances (hereinafter referred to as performing units for business) as well as individual performers may engage in all types of performing activities for business only upon acquisition of a licence of performances for business pursuant to the provisions of these Regulations.

  Article 3 Performances for business must adhere to the orientation of serving the people and socialism, persist inputting social benefits first, carry forward fine national culture, and enrich and improve people's spiritual life.

  Article 4 The State encourages and supports performances of fine national arts, encourages and supports performances for rural areas, teenagers and children.

  Article 5 The State prohibits and bans illegal performing activities, and safeguards the legitimate rights and interests of performing units and performers.

  Article 6 The administrative department of culture under the State Council shall be responsible for the work related to the control of performances for business nationwide. The department of public security and the department of industry and commerce administration under the State Council shall exercise control over performing activities according to law pursuant to the division of their respective duties and responsibilities.

  Administrative departments of culture of local people's governments at or above the county level shall be responsible for the work related to the control of performances for business within their respective administrative areas. The departments of public security and departments of industry and commerce administration of local people's governments at or above the county level shall exercise control over performing activities for business within their respective administrative areas according to law pursuant to the division of their respective duties and responsibilities.

  Article 7 The State gives rewards to units and individuals having made outstanding contributions to the cause of performing arts.

  Chapter II Examination and Approval of Performing Units and Individual Performers

  Article 8 The administrative department of culture under the State Council shall be responsible for the formulation of the overall plan for performing units nationwide; administrative departments of culture of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government should, pursuant to the overall state plan, determine the aggregate, distribution and structure of performing units within their respective administrative areas.

  Article 9 Establishment of an art performing troupe should fulfil the following qualifications:

  (1) having a unit name, an organization and a constitution;

  (2) having performers and staff members with performing skills;

  (3) having a fixed address and instruments and equipment commensurate with the requirement of performances; and

  (4) having funds commensurate with its size.

  In addition to the qualifications prescribed in the preceding paragraph, examination and approval of establishment of art performing troupes should also conform to the plan of the aggregate, distribution and structure of art performingtroupes.

  Article 10 For application for the establishment of an art performing troupe for business, an application should be filed with the administrative department of culture of the people's government at or above the county level pursuant to the authority of examination and approval prescribed by the State; that which has been approved upon examination and verification shall obtain a "licence for performances for business".

  The unit having obtained the "licence for performances for business" should apply to the department of industry and commerce administration for registration on the strength of the licence and may engage in performing activities for business only upon obtaining a business licence; however, art performing troupes whose funds are verified and allocated by the State are exceptions.

  Article 11 Establishment of a site for performances for business should fulfil the following qualifications:

  (1) having a unit name, an organization and a constitution;

  (2) having a building suitable for performances, necessary instruments and equipment and appropriate specialized managers;

  (3) with security facilities and hygiene conditions conforming to prescribed state standards; and

  (4) having necessary funds.

  Article 12 For application for the establishment of a site for performances for business, an application should be filed with the administrative department of culture of the people's government at or above the county level pursuant to the authority of examination and approval prescribed by the State; that which has been approved upon examination and verification shall obtain a "licence for performances for business".

  The unit having obtained the "licence for performances for business" should apply to the public security organ for security examination and approval and to the administrative department of health for the acquisition of a "hygiene licence" on the strength of the licence, and apply to the department of industry and commerce administration for registration on the strength of the licence, and may engage in performing activities for business at the said site for performances only upon acquisition of a business licence.

  Article 13 Establishment a brokerage agency for performances should fulfil the following qualifications:

  (1) having a unit name, an organization and a constitution;

  (2) having competent business departments;

  (3) having employees with corresponding professional levels;

  (4) having a fixed address and business scope; and(5) having funds commensurate with its size.

  Article 14 For application for the establishment of a brokerage agency for performances, an application should be filed with the administrative department of culture of the people's government at or above the provincial level pursuant to the authority of examination and approval prescribed by the State; that which has been approved upon examination and verification shall obtain a "licence for performances for business".

  The unit having obtained the "licence for performances for business" should apply to the department of industry and commerce administration for registration on the strength of the licence, and may go into business only upon acquisition of a business licence.

  Article 15 Performing units for business should have qualifications of a legal person and acquire the qualifications of a legal person upon registration after verification and approval according to law and undertake civil responsibilities independently with all its corporate property.

  Article 16 The State prohibits the establishment of art performing troupes, sites for performances and brokerage agencies for performances operated by Sino-foreign joint ventures, Sino-foreign cooperative ventures and foreign capital.

  The State permits the reconstruction and new construction of sites for performances for business with external funds; however, external contributors shall not take part in operations and management. Specific measures shall be worked out separately.

  Article 17 Individual performers engaging in performing activities for business should file an application with the administrative department of culture of the people's government at or above the county level of the locality wherein he/she resides pursuant to the authority of examination and approval prescribed by the State on the strength of personal ID cards and the certification of the neighborhood office or the village or township people's government of the place of domicile; he/she who has been approved upon examination and verification shall obtain a "licence for performances for business".

  Article 18 Administrative departments of culture of people's governments at or above the county level should make a decision on the approval or non-approval within 60 days starting from the date of receipt of an application for the establishment of a performing unit.

  Article 19 For change in name, residence, leading person-in-charge or legal representative by an art performingtroupe, or a site for performances, or a brokerage agency for performances for business, or change in business scope by a brokerage agency for performances, an application should be filed with the original licensing organ for going through the formalities of change in registration.

  A performing unit or an individual performer for business not engaging in performing activities without any justifiable reason in one year shall have the "licence for performances for business" nullified by the original licensing organ.

  Chapter III Control over Performing Activities for Business

  Article 20 The State encourages and supports art performing troupes and individual performers to go into the midst of the common people and exert their efforts to create and perform fine programs with unity of ideological content and artistic content which are highly attractive and have strong appeal and are welcomed by broad masses of people.

  Article 21 The State encourages and supports performing units and individual performers for business to present free performing activities to the common people, rural areas and industrial and mining enterprises on a regular basis.

  Article 22 The State prohibits holding of performing activities containing the following contents:

  (1) that which endangers state security, honour and social stability;

  (2) that which instigates nationality separation, infringes on minority nationality customs and habits and disrupts solidarity of nationalities;

  (3) that propagates obscenity, pornography and superstition or plays up violence;

  (4) that which performs in ways that are terror-striking, cruel or ruin performers' health;

  (5) that which attracts audience with physical defects or display of physical deformities; and

  (6) other contents prohibited under provisions of laws and regulations.

  Article 23 An art performing troupe for business may organize on its own performing activities for business of the unit itself, or may organize performing activities for business in association with other art performing troupes.

  Any unit should obtain the consent of the employer unit in employing personnel of an art performing troupe to take part in performances of the unit.

  Article 24 Holding of combined performances for business should be sponsored by a brokerage agency for performances.

  Combined performances for business referred to in the preceding paragraph mean temporary combination of performances for business in addition to the independent performances of an art performing troupe or combined performances.

  Article 25 For sponsorship of combined performances by a brokerage agency for performances, a submission shall be made to the department which issued the "licence for performances for business" for examination and approval 20 days prior to the date of performance; for holding of performances in provinces, autonomous regions and municipalities directly under the Central Government outside the locality wherein the brokerage agency for performances is located, a submission should be concurrently made to the relevant administrative department of culture of the people's government at or above the county level of the locality wherein the performances are to be held for examination and approval.

  Article 26 An individual performer may take part in performing activities for business sponsored by an art performingtroupe for business or by a brokerage agency for performances, but must not hold performing activities for business on his/her own.

  Article 27 For holding of national performing activities for business or holding of performing activities for business entitled with such words as "China", "Chinese" or "National", a submission should be made to the administrative department of culture under the State Council for examination and approval.

  Article 28 Sponsorship of evaluation and award-giving activities for cultural and artistic performances shall be handled pursuant to the relevant state provisions.

  Article 29 Invitations to art performing troupes or individuals from the Hong Kong Special Administrative Region and the regions of Macau and Taiwan as well as foreign countries for performances for business shall be handled by brokerage agencies for performances for foreign-related performance businesses; the sponsor unit should make a submission to the administrative department of culture under the State Council for examination and approval 30 days prior to the date of performance, and it may sign a formal contract only upon approval; unless it is provided for otherwise by the State.

  An art performing troupe or an individual performer for business leaving the country for performances for business should make a submission to the administrative department of culture under the State Council for approval pursuant to relevant state provisions.

  Article 30 An art performing troupe or a brokerage agency for performances for business sponsoring performances for business should sign a performance contract with the site of performances, units and individuals participating in combined performances should sign performance contracts with the brokerage agency for performances. The performance contract shall carry the following particulars:

  (1) time of performance and number of performances;

  (2) place of performance;

  (3) leading performers and program contents;

  (4) ticketing arrangement of the performance;

  (5) mode of final settlement of the revenue and expenditure of the performance; and

  (6) other matters that require to be carried.

  Article 31 Parties signing the performance contract should strictly implement the agreement in the performance contract. A violator of the agreement in the performance contract should bear responsibility for the violation according to law.

  Causing losses to the audience due to violation of the agreement in the performance contract should give compensation according to law.

  Article 32 For holding of performing activities for business by occupying a park, or a square, or a street, or a guesthouse, or a hotel, or a stadium (indoor stadium) or other sites for non-business performances, a submission should be made to the administrative department of culture, the public security organ and other departments concerned of local people's government of the locality for approval.

  Article 33 On-the-job performers of art performing troupes for business or teachers and students of specialized art colleges and schools participating in performing activities outside their own units shall be subject to the consent of the unit he/she is in. Specific measures shall be worked out by the administrative department of culture under the State Council.

  Article 34 For necessity of change in sponsor unit or holding unit, or art performing troupe or leading performers, time, place and number of performance and main contents of program of performance of a performing activity for business upon approval, a separate report should be submitted pursuant to the provisions of this Chapter for approval.

  Article 35 Sites for performances for business shall not provide services in site for art performing troupes or individual performers without a "licence for performances for business" and performing activities for business without approval.

  While holding performances for business, the number of audience a site for performance accommodates shall not exceed the maximum number of persons allowed. The site for performance should be responsible for the maintenance of order during performance and ensure the safety of the audience.

  Article 36 Art performing troupes or individual performers for business shall not suspend performance without any justification or deceive audience with such falsified means as feigned singing or passing oneself off as others.

  Contents of advertisements for performances for business must be true and lawful, and must not mislead or deceive audience.

  Contents of advertisements for performances for business should be subject to the verification and approval of the examination and approval department of the performing activities.

  Article 37 The ticket price of performances for business and rate for site rent for the site for performances for business shall observe state provisions concerning price control.

  Article 38 Income accrued from performances by performers shall be taxed according to law.

  Article 39 Revenue from performances at charity shows for donation shall, excluding the necessary expenditure for costs, be paid to the unit accepting the donation in full, the sponsor unit and performers (staff members) must not take remuneration out of it. For organization of performances for donation for social welfare, a report shall be submitted to the administrative department of culture at the same level for examination and approval upon verification and approval of the department of civil affairs of the local people's government at or above the county level of the locality.

  Chapter IV Penalty Provisions

  Article 40 Establishment of a performing unit for business on one's own without approval, or engagement in performances for business without acquisition of a licence for performances for business in violation of the provisions of these Regulations shall be banned by the administrative department of culture, with the illegal income confiscated and be concurrently imposed a fine more than three times and less than five times of the illegal income; where there is no illegal income, a fine less than RMB 5,000 Yuan may concurrently be imposed.

  Article 41 For performances containing contents prohibited under Article 22 of these Regulations in violation of the provisions of these Regulations, the administrative department of culture shall direct the offender to stop the performing activities, confiscate the illegal income; where the circumstances are serious, the original licensing organ shall direct the offender to suspend operations for consolidation or revoke the "licence for performances for business"; violations of provisions of public security administration shall be subject to penalties for public security violations by the public security organ; where the offence constitutes a crime, criminal responsibility shall be investigated according to law.

  Article 42 For sponsorship of combined performances on one's own or invitation on one's own of art performingtroupes or individuals from the HongKong Special Administrative Region and the regions of Macau and Taiwan as well as foreign countries for performances for business in violation of the provisions of these Regulations, the administrative department of culture shall direct the offender to stop performing activities, confiscate the illegal income of the units or individuals participating in the performances; confiscate the illegal income of the organizer(s) and concurrently impose a fine more than five times and less then ten times of the illegal income; where there is no illegal income, a fine more than RMB 5,000 Yuan and less than RMB 20,000 Yuan shall be imposed; where the circumstances are serious, the original licensing organ shall direct the offender to suspend operations for consolidation or revoke the "licence for performances for business".

  Article 43 For suspension of performances without any justification or practice of fraud and engagement in deceptive performances by such means as feigned singing or passing oneself off as somebody else in violation of the provisions of these Regulations, the administrative department of culture shall issue a criticism of the performer himself/herself in acircular, confiscate the illegal income and concurrently impose a fine more than twice and less than five times of the illegal income; where there is no illegal income, a fine less than RMB 5,000 Yuan may be imposed; where the circumstances are serious, the offender shall be banned from taking part in performing activities for business for one year.

  Article 44 For reception on one's own by a site for performances for business of art performing troupes for business, performances organized by a brokerage agency without a "licence for performances for business", or of performing activities for business without approval in violation of the provisions of these Regulations, the administrative department of culture shall direct it to stop the performing activities, confiscate the illegal income, and concurrently impose a fine more than three times and less than five times of the illegal income; where the circumstances are serious, the original licensing organ shall direct it to suspend operations for consolidation or revoke the "licence for performances for business".

  Article 45 For a site for performances for business causing disorder during performances or a safety accident in violation of the provisions of these Regulations, the administrative department of culture shall direct it to amend and give it a warning; where the circumstances are serious, the original licensing organ shall direct it to suspend operations for consolidation or revoke the "licence for performances for business"; for violations of the provisions of public security administration, the public security organ shall impose penalties for public security violations according to law; where the offence constitutes a crime, criminal responsibility shall be investigated according to law.

  Article 46 For embezzlement of revenue from charity performances in violation of the provisions of these Regulation, the administrative department of culture shall, in conjunction with the department of civil affairs, direct the holding unit to hand over the illegal income to the unit accepting the donation and impose a fine more than three times and less than five times of the illegal income; where the circumstances are serious, the original licensing organ shall direct it to suspend operations for consolidation or revoke the "licence for performances for business"; where the offence constitutes a crime, criminal responsibility shall be investigated according to law.

  Article 47 For an art performing troupe or a brokerage agency for performances for business employing on its own members without gaining advance consent of their employer units or individuals without obtaining a "licence for performances for business" in violation of the provisions of these Regulations to participate in performing activities for business, the administrative department of culture shall administer a warning, and concurrently impose a fine of more than RMB 500 Yuan and less than RMB 5,000 Yuan; for a unit subject to more than three cumulative administrative penalties, the original licensing organ shall revoke its "licence for performances for business".

  Article 48 For an individual participating in performances for business on one's own without the consent of the employer unit in violation of the provisions of these Regulations, the administrative department of culture shall direct the person in question to stop performing activities, confiscate the illegal income, impose a fine of more than 100% and less than 300% of the illegal income and impose administrative sanctions according to law.

  Article 49 For an individual performer holding on one's own performances for business in violation of the provisions of these Regulations, the administrative department of culture shall direct the person in question to stop performing activities, confiscate the illegal income, and concurrently impose a fine of more than RMB 5,000 Yuan and less than RMB 10,000 Yuan; where the circumstances are serious, the original licensing organ shall revoke the "licence for performances for business".

  Article 50 For leasing or transfer of a "licence for performances for business" in violation of the provisions of these Regulations, the administrative department of culture shall direct the violator to stop the illegal activities, confiscate the illegal income, and impose a fine of more than three times and less than five times of the illegal income; where there is no illegal income, a fine of less than RMB 5,000 Yuan may concurrently be imposed; where the circumstances are serious, the original licensing organ shall revoke the "licence for performances for business".

  Article 51 Performances infringing on the copyright of others shall be dealt with pursuant to the provisions of the Copyright Law of the People's Republic of China.

  Violations of state laws and regulations governing industry and commerce, taxation and public health administration shall be penalized by the departments of administration concerned according to law.

  Article 52 Administrative departments of culture and their functionaries infringing on the legitimate rights and interests of art performing troupes or individual performers, sites for performances and brokerage agencies for performances or abusing their power, neglecting their duties, indulging in self-seeking misconduct, taking part in or covering up illegal performing activities in violation of the provisions of laws and regulations constituting a criminal offence shall be investigated of the criminal responsibilities according to law; where the offence does not constitute a crime, administrative sanctions shall be imposed according to law.

  Chapter V Supplementary Provisions

  Article 53 Performing units for business the establishment of which has been approved and individual performers already under registration prior to the implementation of these Regulations should renew the formalities pursuant to the relevant provisions of these Regulations within three months starting from the date of implementation of these Regulations.

  Article 54 All provinces, autonomous regions and municipalities directly under the Central Government may formulate specific control measures with respect to the performing activities of roving folk artists by referring to the provisions of these Regulations.

  Article 55 These Regulations shall come into force as of October 1, 1997.

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