(August 30, 2005, the Ministry of culture to 34th release since September 1, 2005) 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.
Referred to in article II of the regulations scope of performances including music, drama, dance, acrobatics and magic, circus, acrobatics, puppetry, shadow play, reading, folk arts and other forms of live theatrical performances.
Third article Ordinance by said business sex performances is refers to to profit for purpose, and through following way for public held of performances activities: (a) ticket or Chang of; (ii) paid performances units or personal paid of; (three) to performances for media for advertising publicity or products promotions of; (four) has sponsored or donor of; (five) to other profit way organization performances of.
The fourth State shall maintain a commercial performance, performers and audiences and other legitimate rights and interests of all parties, prohibiting commercial performance of acts of unfair competition.
Chapter of commercial performance management bodies the fifth theatrical performance is defined as having the sixth article of the regulations conditions business units engaged in various cultural performances.
Sixth performance agency refers the regulations conditions specified in the sixth article, engaged in performing business activities and brokering business units.
Article seventh performances business unit refers to the regulations article eighth condition to provide performances for business activities with professional venue and related services business unit.
Article eighth individual actor refers to the conditions specified in article tenth of the regulations, to show professional, administration for industry and commerce business license and cultural departments personnel.
Individual performance agent refers to the conditions specified in article tenth of the regulations, engaged in the commercial performance of the broker, agent activity for a living, in the Administration for industry and commerce business license and the cultural departments of the broker.
Nineth article application established literary performances groups, should to culture competent sector submitted following file: (a) applications; (ii) literary performances groups name advance approved notice, and residence and engaged in of art type; (three) statutory representative people or main head of identity proved; (four) actor of art performances capacity proved; (five) performances equipment equipment acquisition situation or corresponding of funds proved.
Qian paragraph fourth items by said actor of art performances capacity proved, can is following file one of: (a) medium above art school (containing integrated College of art professional) literary performances class professional graduated certificate; (ii) titles certificate; (three) art college issued of written proved; (four) performances Industry Association issued of effective documents or issued of written proved; (five) other effective proved.
Tenth an application for establishing a performance Agency, to cultural authorities should submit the following documents: (a) the application, (ii) notice of name pre-approval, the residence shows brokers, (iii) the identity of the legal representative or principal responsible person; (d) performance brokerage personnel qualifications; (v) proof of funds.
Mentioned in the preceding paragraph fourth performance agencies measures for the qualification accreditation of personnel, developed by the National Association of show business. 11th lawfully obtains the business license of the performances operating entities, individual performers, individual performance agents to local cultural departments at the county level, the County Cultural Department proof of filing.
Record-keeping certification model designed by the Ministry of culture, provincial cultural authorities printed in accordance with the design requirements of the Ministry of culture.
12th article application established Sino-foreign joint venture business, and foreign cooperation business of performances brokers institutions, except submitted this implementation rules tenth article provides of file outside, also should submitted following file: (a) feasibility research report, and contract, and articles; (ii) joint venture, and cooperation business parties of funding letter proved and the registered registration file; (three) China joint venture, and cooperation operators of investment or provides of cooperation conditions, belongs to state-owned assets of, should in accordance with about legal, and administrative regulations of provides for assets assessment, provides about file;
(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. 13th article application established Sino-foreign joint venture business, and foreign cooperation business of performances places business units, should submitted following file: (a) applications; (ii) performances places business units name advance approved notice, and residence; (three) feasibility research report, and contract, and articles; (four) joint venture, and cooperation business parties of funding letter proved and the registered registration file; (five) China joint venture, and cooperation operators of investment or provides of cooperation conditions, belongs to state-owned assets of, should in accordance with about legal, 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, members of the roster and proof of identification; (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.
14th 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.
15th article Hong Kong S.A.R., and Macau S.A.R. of performances brokers institutions application in mainland established branch institutions, should submitted following file: (a) applications; (ii) branch institutions of name, and residence; (three) performances brokers institutions in Hong Kong and Macao of legal opened proved; (four) performances brokers institutions articles, and branch institutions articles; (five) branch institutions head served book and identity proved; (six) performances brokers practitioners of qualification proved;
(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.
Mentioned in the preceding paragraph sixth performance brokerage personnel qualification in accordance with the provisions of the second paragraph of this article tenth of the implementing regulations.
16th article Hong Kong S.A.R., and Macau S.A.R. of investors application in mainland established owned business of performances places business units, should submitted following file: (a) applications; (ii) performances places business units name advance approved notice, and residence; (three) feasibility research report, and articles; (four) investors, and statutory representative people of qualification and the identity proved; (five) input sources, and amounts, and term and proved; (six) land right proved or rental proved;
(VII) other documents need to be submitted in accordance with law.
17th 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, these rules are the reference article 12th and 13th of 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 12th, 13th.
12th, 13th to 18th, in line with the Ordinance provides for the establishment of joint venture, cooperation or wholly-owned entities or branches of the performance, after having secured commercial performance licenses issued by the Ministry of culture shall be licensed by provincial Commerce authorities to apply to the Ministry of Commerce, registration procedures, and to the Administrative Department for industry and commerce registration under the law, a business license.
Chapter III performance management article 19th 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.
20th application of commercial performance, shall hold a commercial performance licenses or license, 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 performance, performance units should also be held to approve the show before the show date of 1st of the culture Department of the article 21st of the regulations (a) provided files, do not meet the required conditions, performance may not be held.
Applicants require minors to participate in commercial performances, shall conform to the relevant regulations of the State.
21st bid for commercial foreign or Hong Kong, Macao and the performance in question, shall also submit the following documents: (a) the financing plan and proof of funds in conformity with financing plans; (ii) actor valid identity proof; (c) nearly two years without violation of the provisions of the Ordinance and a written statement.
Ex-proof of funds referred to in the first paragraph 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.
22nd bid for business foreign performances, in a non-singing and dancing entertainment place shall be performed by provincial cultural authorities to apply to the Ministry of culture, provincial cultural authorities shall, within the 5th audit opinions issued by the Ministry of culture for approval.
Inter-provincial performance, provincial cultural authorities shall present the relevant performance review comments.
Otherwise provided for by the State, from its provisions.
23rd article business sex performances business subject held business sex performances, should perform following obligations: (a) handle performances declared procedures; (ii) arrangements performances program content; (three) determine performances fare and is responsible for performances activities of payments settlement; (four) law paid or generation buckle generation paid about tax; (five) consciously accept performances location culture competent sector of supervision management; (six) other law need bear of obligations.
24th hold 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.
25th art performing troupes of professional, professional art school students and teachers to join the literary performance group, performing brokers, performing commercial performances organized by the operating entities, but not running a commercial performance.
26th invited the art performing troupes of professional, professional art colleges teachers and students to participate in commercial performances or art performing troupes of professional, professional art college students participate in commercial performances outside the unit, should agree to and sign a contract with the consent of his employer.
27th professional artistic colleges and universities upon invitation of the approval to the units engaged in teaching, research, or Hong Kong, Macao and foreign art professionals working, temporary commercial performance is required, shall entrust the performance contracting out brokers, according to prescribed procedures or provincial cultural Department of Ministry of culture for approval.
28th article of 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, pre-recorded songs, music, instead of singing and playing.
29th 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 charity events may not get performance pay performance units or individual performers should be after deducting the necessary cost performance revenue donated to social welfare undertakings, may not profit from it.
Fundraising concert performances include ticket sales, donations, sponsorship income and other performance related income.
Necessary costs including cast and food, lodging, transportation costs and performances required to stage lighting and sound, costumes, choreography and venues, publicity expenses.
Collection after the show ended in the 10th, performance units or individual performers should be performance statement of income and expenditure approval authority for the record.
Other article III in the manner prescribed by these rules for public performances, reference to the provisions of this article.
30th performing activities of business investment unit, you can enjoy the performances of naming rights, and pursuant to the contract the rights to show the income distribution.
Held 31st commercial performances should be according to the design requirements of the stage, performance equipment preferred territory.
The 32nd song and dance entertainment, sports venues, hotels, restaurants, catering establishments and other non-performing business units held in this place can also be a commercial performance shall entrust performance brokerage contract, and pursuant to the prescribed procedure and cultural authorities.
Article 33rd commercial performances approved to be sold tickets.
34th 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.
35th cultural departments at all levels should approval of commercial performance to the public.
36th cultural departments at all levels should be based on performance management needs, establishment of performance information reporting systems, performance inspections system, performance management information system, strengthening the management and supervision of the market. 37th show business association is performing units and performance practitioners self-regulatory organizations.
Show business association in accordance with the performance industry association, enjoyment of constitutional rights and fulfilment of obligations under the Statute.
Cultural departments at various levels shall strengthen the guidance and oversight of the performance industry association.
38th article performances industry association should in accordance with articles of provides, perform following duties: (a) Guide, and supervision members of business activities, maintenance members of lawful rights and interests of; (ii) developed industry self-discipline specification, promote industry self-discipline and fair competition; (three) Organization members of business exchange and training; (four) mediation members for performances activities occurred of disputes; (five) other should perform of duties.
39th national associations to implement the performance performance brokerage personnel qualification, performance and delegate to the provincial industry association or provincial cultural authorities approved training and related work of other organizations.
Fourth chapter performance management article 40th art performing troupes and performing brokers commercial performance licenses include 1 original and 2 copies of originals should be prominently hung in the main office. Design of commercial performance licenses by the Ministry of culture, by the provincial cultural Department in accordance with the design requirements of the Ministry of culture published by the issuing authority to fill out, print, stamped with the seal of the issuing authority.
Commercial performances should indicate the issuing authority a copy of the license owner, person in charge's name and contact information.
41st legally obtained commercial performance licenses cultural performance groups and performing brokers shall, 90 days license issued by the administrative departments for industry and Commerce issued the cultural departments.
42nd cultural authorities revoked art performing troupes or performance brokers commercial performance licenses, it shall notify the administration of industry and Commerce departments changed their 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. Article 43rd 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.
44th cultural departments at all levels should establish cultural performance groups and perform registration filing system made by the Agency, performance place, individual performers and performances of individual agents register.
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 20th, not to approve the show before the show date of 1st of the cultural Department of the Ordinance law made after acceptance of the article 21st place certificates held makeshift stage, stands of commercial performance, by the Department of culture at the county level in accordance with the provisions of article 44th of the penalties.
47th in violation of these rules are set forth in the 23rd, 24th, in performing business activities, failure to comply with obligations, resells, transfer performance management, in accordance with the regulations stipulated in the 45th of penalties.
48th in violation of the rules for the implementation of the 25th article, art performing troupes of professional, professional art schools without holding teachers and students of commercial performance, by the Department of culture at the county level in accordance with the 43rd of the Ordinance shall be punished.
49th article in violation of the rules for the implementation of the 26th, inviting art performing troupes of professional, professional artistic colleges and universities took part in the commercial performance, and without the consent of the unit to which they agree, the competent cultural authorities give him a warning and fines of between 10,000 yuan and 30,000 yuan.
50th article in violation of the rules for the implementation of the 27th, invited to approved professional artistic colleges and universities engaged in teaching and research work for foreign or Hong Kong, Macao and arts professionals 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.
51st to leave he will deceive the audience's, 47th of the rules shall be punished in accordance with the Ordinance.
The 52nd in violation of the rules for the implementation of article 29th, not complying with the provisions of the approval procedures, organised fund-raising charity or other non-profit performances without authorization, in accordance with the regulations stipulated in the 43rd of penalties.
53rd in violation of the rules for the implementation of article 32nd, non-performing business unit performs without authorization, in accordance with the regulations stipulated in the 43rd of penalties.
54th in violation of the rules for the implementation of the 33rd article, without approval to sell tickets, the competent cultural authorities shall order to stop the illegal activity, and fines of between 10,000 yuan and 30,000 yuan.
55th bid for commercial foreign or Hong Kong, Macao and performance implications, hiding near two-year record of violations of the provisions of the Ordinance, submitted false written statement, by cultural authorities responsible for approving a fine of 30,000 yuan.
Sixth chapter supplementary articles article 56th by the Ministry of culture is responsible for the interpretation of the implementing regulations.
57th these rules come into force on September 1, 2005, and released on July 1, 2004, the management of commercial performances of the implementing rules of the regulations repealed simultaneously.
