Business performance management regulations implement rules
(August 28, 2009, the Ministry of culture announced as of October 1, 2009, 47th) Chapter I General provisions
Article in accordance with the regulations on the management of commercial performance (hereinafter referred to as the regulations), these rules are formulated.
Commercial performance referred to in article II of the regulations refers to the profit-making purposes, and for the general public through live art performance activities:
(A) the ticket or accepting sponsorship;
(B) performance units or individual remuneration;
(C) to perform as a medium for advertising or sales promotion;
(D) performed in other non-profit organizations.
The third State shall maintain business performance management subjects, the legal rights of performers and the audience, prohibition of acts of unfair competition in the commercial performance.
Chapter II subject of business performance management
Fourth theatrical performance is defined as having the regulations conditions specified in the sixth article, business units engaged in performance activities.
Refers to the fifth performance brokers Ordinance conditions specified in the sixth article, business units engaged in the following activities:
(A) the performing organization, production, marketing and other business activities;
(B) performing intermediary, agent, broker, broker activity;
(C) the actor signing, promotion and other brokerage activities.
Sixth place business unit refers to the regulations article eighth condition, provides professional venue for performances and services business units.
Seventh an application for establishing a cultural performance groups to cultural authorities should submit the following documents:
(A) the application;
(B) notice of name pre-approval, the residence and engage in the arts;
(C) the identity of the legal representative or principal responsible person;
(D) the actor's ability to demonstrate for the performing arts;
(E) business performance equipment adapted for the written statement.
Fourth referred to in the preceding paragraph the actors ' ability to demonstrate for the performing arts, which can be one of the following files:
(A) the theatrical performance majors in secondary school diploma;
(B) the certificate of title;
(C) the performance industry association actor qualifications;
(Iv) other valid identification.
The eighth an application for establishing a performance Agency, to cultural authorities should submit the following documents:
(A) the application;
(B) notice of name pre-approval, the residence;
(C) the identity of the legal representative or principal responsible person;
(D) performance brokerage personnel qualifications;
(E) proof of funds.
Legal persons or other organizations for additional performances brokerage business, the preceding paragraph shall be submitted (a), (d) file provided. Nineth legally obtained a business license or public institution legal certificates, certificates of registration of private non-enterprise units to perform the operating entities, shall from the date of receiving certificates in the 20th, these licenses and approval documents related to fire protection, health, cultural authorities filed the County, the County Cultural Department proof of filing.
Record-keeping certification model designed by the Ministry of culture, provincial cultural authorities printed. Individual players can hold personal identification and the seventh of the implementing regulations of article's ability to demonstrate for the performing arts, individuals performing broker may keep personal identification and the broker's qualifications apply to departments of culture of domicile or residence within the county record, cultural authorities shall issue a registration certificate.
Record-keeping certification model designed by the Ministry of culture, provincial cultural authorities printed.
Section tenth for the establishment of Sino-foreign joint ventures, Sino-foreign co-operative performance brokerage institutions, in addition to the provisions laid down in the rules for the implementation of the eighth document, shall also submit the following documents:
(A) the feasibility study report, contract and articles of Association;
(B) joint venture, cooperative credit certificates and registration documents;
(C) Chinese joint-venture, cooperation, investment or conditions for cooperation of operators, which belongs to the State-owned assets shall be handled according to relevant laws and administrative regulations of the asset valuation, providing relevant documents;
(D) joint venture, contractual joint venture parties consultation of the Chairman, Deputy Chairman, directors or the joint managerial Committee Director, Deputy Director, member list and proof of identity of the persons;
(V) other documents need to be submitted in accordance with law.
Sino-foreign joint ventures, cooperative performances brokerage Chairman or the Director of the Joint Committee shall be chaired by the Chinese representative, should be on the Board of directors or the Joint Commission and the Chinese representatives in the majority.
Section 11th to set up Sino-foreign joint ventures, Sino-foreign co-operative performance operating entities shall submit the following documents:
(A) the application;
(B) notice of name pre-approval, the residence;
(C) the feasibility study report, contract and articles of Association;
(D) joint venture, cooperative credit certificates and registration documents;
(E) Chinese joint-venture, cooperation, investment or conditions for cooperation of operators, which belongs to the State-owned assets shall be handled according to relevant laws and administrative regulations of the asset valuation, providing relevant documents;
(Vi) joint venture, contractual joint venture parties consultation of the Chairman, Deputy Chairman, directors or the joint managerial Committee Director, Deputy Director, member list and proof of identity of the persons;
(G) the land use right certificate or lease certificates;
(VIII) other documents need to be submitted in accordance with law.
Sino-foreign joint ventures, cooperative management venue management unit Chairman or the Director of the Joint Committee shall be chaired by the Chinese representative, should be on the Board of directors or the Joint Commission and the Chinese representatives in the majority.
12th Hong Kong S.A.R., and Macau S.A.R. show agencies approved to set up branches in the Mainland, the Branch Office does not have the status of enterprise legal persons. Hong Kong S.A.R., and Macau S.A.R. performing brokerage branch offices in the Mainland can legally engage in commercial performance of brokerage, agency activities, but shall not engage in any other performance management activities.
Hong Kong S.A.R., and Macau S.A.R. of performance broking operation of its branches shall bear civil liability.
Hong Kong S.A.R., and Macau S.A.R. performance brokers to set up branches in the Mainland, must be specified in the Mainland is responsible for the head of the branch, and the branch is allocated its business activities undertaken by the Fund.
13th Hong Kong S.A.R., and Macau S.A.R. of performance broking applications to set up branches in the Mainland, should submit the following documents:
(A) the application;
(B) the name, domicile of the branch;
(C) performing brokers in Hong Kong and Macau incorporation certificate;
(D) performing brokers regulation, branch regulations;
(E) principal of the Branch Office service book and identity;
(Vi) performance brokerage personnel qualifications;
(G) performing agency proof of funds and to subsidiary bodies to allocate capital to the amount and duration of certificate;
(VIII) other documents need to be submitted in accordance with law.
14th Hong Kong S.A.R., and Macau S.A.R. of investors seeking to invest in the Mainland to set up wholly-owned business of performance broking, except as provided in these rules are submitted to the eighth document, shall also submit the following documents:
(A) the feasibility study report and articles of Association;
(B) the identity of investors;
(C) other documents need to be submitted in accordance with law.
15th Hong Kong S.A.R., and Macau S.A.R. investor seeking to invest in the Mainland to set up a sole proprietorship performance operating entities shall submit the following documents:
(A) the application;
(B) notice of name pre-approval, the residence;
(C) the feasibility study report and articles of Association;
(D) the credit certificate of the investor and the identity of the legal representative;
(E) the sources, amount, term and certificates;
(F) land use right certificates or rental certificate;
(VII) other documents need to be submitted in accordance with law.
16th Hong Kong S.A.R., and Macau S.A.R. investor seeking to invest in the Mainland to set up joint ventures, cooperative management of performance broking or performing business units, refer to the rules for the implementation of the tenth paragraph, 11th, the provisions of the first paragraph.
Taiwan investors in the area of application in the Mainland to set up joint ventures, cooperative performance brokerage, performance of the operating entities by reference to provisions of the rules for the implementation of the tenth and 11th.
17th article in accordance with Ordinance 11th article, and 12th article provides established joint venture, and cooperation, and owned business of performances business subject or branch institutions of, in made Ministry of culture issued of approved file Hou, should in 90 days holding approved file through location provincial business competent sector to Commerce proposed application, handle about procedures, and law to business administration sector handle registered registration, received license Hou, to Ministry of culture received business sex performances license.
Chapter III performance management
18th bid for commercial performances should submit application materials prior to the performance date 3rd cultural authorities responsible for approval.
Bid for a commercial foreign or Hong Kong, Macao and the performance in question, should submit application materials prior to the performance date 20th cultural authorities responsible for approval.
19th bid for commercial performances, performances for business license or registration certificate, submit to the cultural authorities in conformity with the regulations stipulated in the 17th of the file.
Bid for a makeshift stage, and stands of commercial performance, 21st should also be submitted in accordance with the regulations, paragraph (b), (c) provision of file.
Approved temporary stage, grandstand performances, performance units should also be held before the performance to the performance culture the County article 21st of the Authority submitted in accordance with the regulations (a) provided files, do not meet the required conditions, performance may not be held.
The regulations referred to in article 21st of the makeshift stage, stands of commercial performance is in line with the provisions of the regulations on safety of large-scale mass activities of operational performance.
The 21st article of the Ordinance (a) performances mentioned in item certificates, is organised by the show unit completion the contractor concerned, and proof of acceptance of materials.
Applicants require minors to participate in commercial performances, shall conform to the relevant regulations of the State.
20th bid for commercial foreign or Hong Kong, Macao and the performance in question, with the exception of documents provided for in these rules are submitted to the 19th, shall also submit the following documents:
(A) the financing plan and proof of funds;
(B) the actor copies of valid identification;
(C) held for more than 2 years experiences of commercial performance documents;
(D) for nearly 2 years without violation of the provisions of the Ordinance in a written statement.
The preceding paragraph (a) the proof of funds mentioned in item refers to the applicant's monthly basic deposit accounts, certificates of deposit issued by the Bank, or proof of agreed loans from banks and other financial institutions, or any other entity agreed to loan, investment, guarantee, sponsorship, and the unit's monthly basic deposit accounts, certificates of deposit issued by the Bank.
Cultural authorities approve foreign or Hong Kong, Macao and commercial performance-related items and, if necessary, can be legally organized experts to demonstrate.
21st hold commercial foreign performances, should be performed by provincial cultural authorities to apply to the Ministry of culture, provincial cultural authorities shall, within the 7th audit opinions issued by the Ministry of culture for approval.
Inter-provincial performances, it shall issue a performance audit observations of the provincial Culture Department.
22nd article by Ministry of culture approved of business sex foreign performances, in approved of time within increased performances to of, held units or with cooperation of has foreign performances qualification of performances brokers institutions, should in performances date 10th Qian, holding Ministry of culture approved file and this implementation rules 19th article provides of file, to increased to provincial culture competent sector record, provincial culture competent sector should issued record proved, and copy Ministry of culture.
23rd approved to the art institutes engaged in teaching and research work for foreign or Hong Kong, Macao and persons engaged in the business of art performances, shall entrust the performance contracting out brokers.
The 24th song and dance entertainment, tourist attractions, theme parks, amusement parks, hotels, restaurants, bars, catering establishments and other non-performing business units held in this place can also be a commercial performance, shall entrust the performance contracting out brokers.
Resident foreign performances held at the above site should be reported to provincial cultural authorities for the performance.
The 25th actor bid for the Mainland and Hong Kong S.A.R., and Macau S.A.R. and Taiwan actors together to participate in commercial performances, can be reported to the provincial cultural authorities for the performance, and the specific measures formulated by the provincial cultural Department.
Otherwise provided for by the State, from its provisions.
26th TV performances recorded live outside the Studio, meet the conditions specified in article II of the implementing rules, shall, in accordance with the provisions of the Ordinance and these rules and approval procedures.
27th organised fund-raising benefit, should be in accordance with the provisions of the Ordinance and these rules and approval procedures.
Cast and crew participating in the Fund-raising benefit shall not acquire the show paid performances organized unit or actor should be performed after deducting the cost of income donated to social welfare undertakings, may not profit from it. Performance income is ticket sales, donations, sponsorship revenues and other income associated with the performances.
Performances cost refers to the cast and food, lodging, transportation and lighting, costumes, venues, publicity expenses.
Collection after the show ended in the 10th, the show organizers or performers shall show the income and expenditure account reported to the approval authority for the record.
Other in accordance with the implementing rules referred to in article public performances, reference to the provisions of this article.
28th article of commercial performance main business holding a commercial performance, shall perform the following obligations:
(A) for the performance reporting procedures;
(B) arranging performances;
(C) arrangement of venue and is responsible for performance management;
(D) determine the fare and is responsible for the performance of the performance statement of income and expenditure;
(E) law to pay or withhold payment of the tax;
(F) accept the supervision and management of the cultural authorities;
(VII) other obligations are required by law to.
29th organized commercial foreign or Hong Kong, Macao and the performance in question, holding unit shall be responsible for handling foreign or Hong Kong, Macao and art performing troupes, the procedures of entry and exit of individuals, tours are also responsible for its full contact and schedule.
Article 30th commercial performances approved to be sold tickets.
31st commercial performance shall not be lip-synching, fake play to deceive the audience.
Referred to in the preceding paragraph lip-synching, fake play refers to the actors in the show, using pre-recorded songs, music instead of singing and playing. Show organizer should send someone to supervise the acts of singing and playing, and made a record for future reference.
Records include actor, band, track names and the basic situation of the process of singing and playing, and organised by the show unit leaders and supervisors to sign it.
32nd organized commercial performances should be according to the design requirements of the stage, performance equipment preferred territory.
Article 33rd held a commercial performance, hold units or individuals can pay for performance security insurance.
34th to encourage performance management agent cooperation management, establish theatre chain, share performance resources.
35th cultural departments at all levels should approval of commercial performance to the public.
36th cultural authorities to represent national characteristics and performances at the national level, shall, in accordance with relevant regulations, subsidies and support.
Relevant departments of the people's Governments above the county level may, in accordance with the regulations of the relevant provisions and financial management systems, encourages and supports reflect the national characteristics and performances at the national level.
37th cultural authorities or administrative checks of commercial performance of law enforcement agencies, shall show the cultural market administrative law enforcement documents, the show organizer shall coordinate with the.
The 38th cultural departments may use technical means to strengthen its supervision over commercial performances.
39th cultural departments at all levels should establish performance management main body basic information registration and disclosure systems, inspection responsibility system of performance information reporting systems, performance market, strengthening the management and supervision of the market.
The 40th Association of show business is show business the main self-regulatory organization and performance practitioners.
National Association of show business is responsible for organizing actors performance, performance agencies staff the qualification of employees.
Cultural authorities may delegate performance industry associations at all levels to carry out relevant work, and strengthen guidance and supervision.
The fourth chapter performance management
41st art performing troupes and performing brokers commercial performance licenses include 1 original and 2 copies thereof, is valid for 2 years.
Design of commercial performance licenses by the Ministry of culture, provincial cultural Department published Licensing Office to fill in and seal.
42nd art performing troupes and performing brokers shall be received within 90 days from the date of commercial performance licenses, to the industrial and commercial administrative departments to register, after registration, copy of business license issuing authority record.
Article 43rd cultural authorities revoked art performing troupes or performance brokers commercial performance licenses, shall notify the administrative departments for industry and commerce to change its scope of operation or revoke its business license.
Art performing troupes and performing brokers commercial performance licenses, in addition to outside the cultural authority may be suspended or revoked by law, no unit or individual shall confiscate or seize. 44th revocation, cancellation of art performing troupes of commercial performance licenses shall be reported to the provincial culture departments.
Commercial performance licenses revoked, cancelled the show brokers, should be reported to the Ministry of culture for the record.
Article 45th cultural authorities on art performing troupes and performing brokers impose administrative penalties, penalty decision should be recorded in the commercial performance of the licence and stamped with the seal of the punishment and punishment decided to inform the issuing authority.
Chapter fifth penalty
46th in violation of the provisions of rule 19th, not before a show to show the County Cultural Department of the article 21st of the venues of the legislation held certificates of temporary stage, stands of commercial performance, by the Department of culture at the county level in accordance with the regulations set forth in article 44th of penalties.
47th held a commercial foreign or Hong Kong, Macao and the performance in question, hiding nearly 2 years in violation of the provisions of the Ordinance records, filing a false written statement, by cultural authorities responsible for approving a 30,000 yuan fine.
48th article violates this article 22nd of the implementing regulations, approved by the Ministry of culture approved foreign performance in periods of performance, not to the place of performance of provincial departments of culture, by the Department of culture at the county level in accordance with the regulations set forth in article 44th of penalties.
The 49th in violation of the rules for the implementation of article 23rd, approved to the art institutes engaged in teaching and research work in foreign countries or Hong Kong, Macao and artistic staff engaged in commercial performances without authorization, by the Department of culture at the county level in accordance with the 43rd of the Ordinance shall be punished.
50th in violation of the rules for the implementation of article 24th, non-performing business unit performs without authorization, by the Department of culture at the county level in accordance with the 43rd of the Ordinance shall be punished.
51st non-performing business units to provide unauthorized commercial performance venue, by the Department of culture at the county level transferred to the relevant departments.
The 52nd in violation of the rules for the implementation of article 26th, outside the Studio in accordance with the conditions specified in article II of the implementing regulations of TV programs recorded live, fails to go through examination and approval procedures, the competent cultural authorities in accordance with the 43rd of the Ordinance shall be punished.
53rd in violation of the rules for the implementation of article 27th, organized a fundraising concert without authorization or other public performances, by the cultural administration departments at or above the county level shall, in accordance with the 43rd of the Ordinance shall be punished.
The 54th in violation of these rules are set forth in the 28th, 29th, in performing business activities, failure to comply with obligations, resell, transfer, performance management, by cultural departments at the county level in accordance with the regulations stipulated in the 45th of penalties.
55th in violation of the rules for the implementation of article 30th, without approval to sell tickets, the competent cultural authorities shall order to stop the illegal activity, and a 30,000 yuan fine.
Breach of 56th article of the 31st article of the implementing regulations, organizers did not sing live performances, playing records, fined a maximum of 3000 Yuan by the cultural departments at the county level.
Playing cheat the audience, by the Department of culture at the county level in accordance with the 47th article of the Ordinance provides for punishment.
57th in violation of the rules for the implementation of the 42nd article, made a commercial performance licenses cultural performance groups and performing brokers, not 90 days license certification authorities for the record, the issuing authority shall order rectification.
58th above county level cultural authorities or administrative law enforcement inspection of commercial performance, show organizer refuses to accept inspections, above the county level by the cultural authorities fined 30,000 yuan fines or administrative law enforcement agencies.
59th superior cultural authorities, where necessary, in accordance with the provisions of the regulation, investigation, treatment by lower authorities investigated, dealing with the case.
Lower cultural competent authority considers a case of major, complex, you can request removal of superior cultural authorities investigate and handle.
The sixth chapter supplementary articles
60th by the Ministry of culture is responsible for the interpretation of the implementing regulations. 61st these rules come into force on October 1, 2009, released on August 30, 2005 the commercial performance of the implementing rules of regulation repealed simultaneously.
