the Ministry of Culture Order of the Ministry of Culture of the People’s Republic of China No. 34 The Detailed Rules for the Implementation of the Regulation on the Administration of Commercial Performance, adopted at the executive Minister of the Ministry of Culture Sun Jiazheng August 30, 2005 Detailed Rules for the Implementation of the Regulation on the Administration of Commercial Performance Chapter I General Provisions Article 1 The present Detailed Rules for the Implementation are formulated in accordance with the Regulation on the Administration of Commercial Article 2 For the purpose of this Regulation, “performance” includes live artistic performance activities such as music, drama, dance, acrobatics, Article 3 For the purpose of this Regulation, “commercial performances” refers to the performance activities as held for profit-making purpose (1) Selling tickets or booking a whole theater; (2) Paying or remunerating the performance entities or individuals; (3) Using the performance as a medium for advertising publicity or sales promotion of products; (4) Being sponsored or donated; and (5) Organizing performance in any other profit-making form. Article 4 The state shall protect the lawful rights and interests of all parties such as commercial performance entities, performers and audience, Chapter II Operational Subjects of Commercial Performance Article 5 The term ” artistic performance group” refers to the business entity that satisfies the requirements as prescribed in paragraph 1 Article 6 The term “performance brokerage institutions” refers to the business entity that satisfies the requirements as prescribed in paragraph Article 7 The term “business entity of performance place” refers to the business entity that satisfies the requirements as mentioned in Article Article 8 The term “self-employed performer” refers to a performer who satisfies the requirements as prescribed in Article 10 of the Regulation The term “self-employed performance broker” refers to a broker who satisfies the requirements as prescribed in Article 10 of the Article 9 Anyone who applies for establishing an artistic performance group shall submit the following documents to the cultural administration: (1) An application; (2) The Notice on the Advance Approval for the Name of an Artistic Performance Group, domicile thereof and the type of art as engaged (3) The identity certification of the legal representative or the person-in-charge; (4) The certification of performers’ ability of art performance; and (5) The purchase of performance facilities and equipment, or the relevant fund certification. The term “certification of performers’ ability of art performance” as mentioned in item (4) of the preceding paragraph may be any (1) The graduation certification of the major of art performance as issued by an art school above the medium level (including art major (2) The certificate of professional post_title; (3) The written certification issued by an art academy; (4) The valid certificate or the documentary evidence issued by the performance association; or (5) Any other valid certificate. Article 10 Anyone who applies for establishing a performance brokerage institution shall submit the following documents to the cultural administration: (1) An Application; (2) The Notice on the Advance Approval for the Name of a Performance Brokerage Institution and the domicile thereof; (3) The identity certificate of the legal representative or the person-in-charge; (4) The qualification certificate of performance brokers; and (5) The certificate as to funds. The measures for the qualification accreditation of performance brokers as mentioned in item (4) of the preceding paragraph shall Article 11 A business entity of performance place, self-employed performer or individual performance broker that has obtained its/his business Article 12 Anyone who applies for establishing a Chinese-foreign joint venture or Chinese-foreign contractual performance brokerage institution (1) The feasibility study report, contract and articles of association; (2) The credit certification and documents of registration of all parties to the joint venture or contractual performance brokerage institution; (3) The relevant documents on the asset appraisal which shall, in accordance with the provisions of the relevant laws and regulations, (4) The name list of the candidates of the chairman, deputy chairman and directors of the board of directors, or of the director, deputy (5) Other document as required to be submitted according to law. The chairman of the board of directors or the director of the joint management committee of a joint venture or contractual brokerage Article 13 Anyone who applies for establishing a Chinese-foreign joint venture or Chinese-foreign contractual business entity of performance (1) An Application; (2) The Notice of the Advance Approval for the Name of a Business Entity of Performance Place and the domicile thereof; (3) A feasibility study report, contract and constitution; (4) The credit certification and registration documents of all parties to the joint venture or contractual performance brokerage institution; (5) The relevant documents on the asset appraisal which shall, in accordance with the provisions of the relevant laws and regulations, (6) The name list of the candidates of the chairman, deputy chairman and directors of the board of directors, or of the director, deputy (7) The certification of the land use right or the leasing certification; (8) Other document as required to be submitted according to law. The chairman of the board of directors or the director of the joint management committee of a joint venture or contractual business Article 14 A performance brokerage institution of Hong Kong Special Administrative Region or Macao Special Administrative Region may, upon approval, A branch as established in the mainland by a performance brokerage institution of Hong Kong Special Administrative Region or Macao Any performance brokerage institution of Hong Kong Special Administrative Region or Macao Special Administrative Region that establishes Article 15 A performance brokerage institution of Hong Kong Special Administrative Region or Macao Special Administrative Region that applies (1) An application; (2) The name and domicile of the branch; (3) The certification of legal business of the performance brokerage institution in Hong Kong and Macao; (4) The articles of associations of the performance brokerage institution as well as its branch; (5) The appointment letter of the person-in-charge of the branch and the identity certification thereof; (6) The qualification certification of the practitioners in performance brokerage; (7) The fund certification of the performance brokerage institution and the certification on the amount and term of the fund as appropriated (8) Other document as required to be submitted according to law. The qualification accreditation of performance brokers as mentioned in item (6) of the preceding paragraph shall be implemented in Article 16 An investor of the Hong Kong Special Administrative Region or Macao Special Administrative Region who applies for the establishment (1) An application; (2) The Notice on the Advance Approval of the Name of a Business Entity of Performance Place and the domicile thereof; (3) A feasibility study report and the articles of association; (4) The qualification and the identity certification of the investor and legal representative; (5) The source, amount and term of contributed capital and the certification thereof; (6) The certification of land use right or leasing certification; and (7) Other document as required to be submitted according to law. Article 17 An investor of Hong Kong Special Administrative Region or Macao Special Administrative Region who applies for the establishment of A Taiwan investor who applies for the establishment of a joint-venture or contractual performance brokerage institution or business Article 18 Anyone that has established a joint-venture, contractual or sole-capital business entity of performance or a branch under the provisions Chapter III Performance Administration Article 19 Anyone that files an application for holding commercial performance shall, 3 days before the performance, submit the application materials Anyone that applies for holding a foreign-related commercial performance or a commercial performance relating to Hong Kong or Macao Article 20 Anyone who files an application for holding a commercial performance shall, upon the strength of the commercial performance license Anyone that files an application for a commercial performance using temporarily-built stage or stand shall submit the documents that An application for any commercial performance with the participation of minors shall conform to the provisions of the state. Article 21 As for the application for sponsoring any foreign-related commercial performance or any commercial performance relating to Hong Kong (1) A Plan of Fund Appropriation and the relevant fund certification thereof; (2) Photocopies of the valid identity certification of performers; and (3) A written statement of observing the provisions of the Regulation within the recent 2 years. The term “fund certification” as mentioned in item (1) of the preceding paragraph refers to the deposit certification of the basic The cultural administration shall carry out the examination and approval of the foreign-related commercial performance or commercial Article 22 Anyone who files an application for holding any foreign-related commercial performance in any non-singing-or-dancing entertainment For any across-province performance, the examination opinion of the relevant cultural administration at the provincial level where In the case of any different provision of the state, it shall prevail. Article 23 When applying for holding commercial performances, the business entity of commercial performance shall fulfill the following obligations: (1) Going through the formalities of application for the performance; (2) Arranging the performance program; (3) Determining the ticket price and taking charge of the settlement of the payment and expenditure of the performance; (4) Paying or withholding relevant taxes and fees according to law; (5) Accepting voluntarily the supervision and administration of the cultural administration in the place where the performance is held; (6) Fulfilling any other obligation as required by law. Article 24 As for any foreign-related commercial performance or any commercial performance relating to Hong Kong or Macao, the sponsor shall Article 25 The professional performers of an artistic performance group and the teachers and students of a professional art academy may participate Article 26 Where a professional performer of an artistic performance group or a teacher or student of a professional art academy is invited to Article 27 Where a professional artistic performer from a foreign country or Hong Kong or Macao who is invited by a professional art academy Article 28 No performer may cheat the audience in a commercial performance by such means as lip-synching or fraudulent performance. The term “lip-synching or fraudulent performance” as mentioned in the preceding paragraph refers to the undue conduct that a performer Article 29 In the event of holding any charity performance, the relevant formalities for examination and approval shall be gone through in accordance Any performer or performance staff member that participates in a charity performance may not claim any remuneration from the performance. The income as generated from a charity performance includes the ticket income, the donated funds and materials, the income from advertisement The necessary costs and expenditures include the expenses for food, accommodation and transportation and those as needed for the performance, The performance entity or self-employed performers shall, within10 days after the conclusion of the charity performance, report the Any other charity performance as held in the form as prescribed in Article 3 of the present Detailed Rules for the Implementation Article 30 An investment entity of commercial performance may enjoy the name-crowning right according to law and may enjoy the right of distributing Article 31 In a commercial performance, the relevant sponsor shall comply with the requirements of stage design and give priority to domestic Article 32 In case a business entity of singing and dancing entertainment place, stadium, hotel, restaurant, dining place or any other non-performance Article 33 The ticket of the commercial performance may not be sold till approval is obtained. Article 34 The cultural administration shall, in accordance with the relevant provisions, grant subsidies and supports to the performances that The relevant departments of the people’s government above the county level may, in accordance with the relevant provisions of the Article 35 The cultural administrations at all levels shall publicize the matters concerning the examination and approval of commercial performance Article 36 The cultural administrations shall, in light of the requirements of the administration of performance, establish a system of reporting Article 37 The performance association is a self-discipline organization constituted by performance entities and performance practitioners. The The cultural administrations at all levels shall strengthen the guidance for and supervision over the performance association. Article 38 The performance association shall, according to the stipulations of the articles of associations, perform the following duties: (1) Guiding, supervising the business activities of its members and safeguarding their legitimate rights and interests; (2) Formulating the self-discipline standards and promoting self-discipline and fair competition; (3) Organizing its members to carry out business exchanges and training; (4) Mediating any dispute between its members over performance; and (5) Performing other duties as required. Article 39 The national performance association shall organize and implement the qualification accreditation of performance brokers and shall Chapter IV Administration of Commercial Performance License Article 40 The commercial performance license of an artistic performance group or a performance brokerage institution shall include 1 original The commercial performance license as designed by the Ministry of Culture, shall be printed and produced by the provincial cultural Article 41 An artistic performance group or a performance brokerage institution that has obtained the commercial performance license shall, within Article 42 When the cultural administration revokes the commercial performance license of a commercial artistic performance group or performance No entity or individual may withhold or detain the commercial performance license of a commercial artistic performance group or performance Article 43 The revocation or writing-off of the commercial performance license of a commercial artistic performance group shall be put on record Article 44 The cultural administrations at all levels shall establish an archival system for registering the license issued to commercial artistic Article 45 When giving an administrative punishment to an artistic performance group or a performance brokerage institution, the cultural administration Chapter V Penalty Provisions Article 46 Anyone that violates the provisions of Article 20 of the present Detailed Rules for the Implementation by failing to submit, 1 day Article 47 Any entity that violates the provisions of Articles 23 and 24 of the present Detailed Rules for the Implementation by failing to perform Article 48 Any professional performer of an artistic-cultural performance group or any teacher or student of a professional art college or university Article 49 Any entity that violates the provisions of Article 26 of the present Detailed Rules for the Implementation by inviting any professional Article 50 Where a professional artistic performer from a foreign country or from Hong Kong or Macao that has been invited by a art academy to Article 51 Anyone who cheats the audience by such means as fraudulent musical performance shall be punished in accordance with the provisions Article 52 Where an entity that violates the provisions of Article 29 of the present Detailed Rules for the Implementation by failing to go
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