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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
meeting of the Ministry of Culture upon deliberation on August 25, 2005, are hereby promulgated and shall go into effect as of September
1, 2005.
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
Performance (hereinafter referred to as the Regulation).
Article 2
For the purpose of this Regulation, “performance” includes live artistic performance activities such as music, drama, dance, acrobatics,
magic, circus, quyi, puppet, shadow play, recitation, fork art and any other form.
Article 3
For the purpose of this Regulation, “commercial performances” refers to the performance activities as held for profit-making purpose
by the following ways:
(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,
and shall prohibit any unfair competition in commercial performance.
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
of Article 6 of the Regulation and undertakes various kinds of live artistic performance.
Article 6
The term “performance brokerage institutions” refers to the business entity that satisfies the requirements as prescribed in paragraph
2 of Article 6 of the Regulation and undertakes business operations of performances and performance brokerage as well.
Article 7
The term “business entity of performance place” refers to the business entity that satisfies the requirements as mentioned in Article
8 of the Regulation and provides professional performance place and relevant services for commercial performances activities.
Article 8
The term “self-employed performer” refers to a performer who satisfies the requirements as prescribed in Article 10 of the Regulation
and engages in performance and who has obtained the business license from the administrative department for industry and commerce
and has gone through the archival-filing formalities with the cultural administration.
The term “self-employed performance broker” refers to a broker who satisfies the requirements as prescribed in Article 10 of the
Regulation and engages in such activities as intermediary and agency for commercial performance and who has obtained the business
license from the administrative department of industry and commerce and has gone through the archival-filing formalities with the
cultural administration.
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
in;
(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
of the following documents:
(1)
The graduation certification of the major of art performance as issued by an art school above the medium level (including art major
in a comprehensive college or university);
(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
be formulated by the national performance association.
Article 11
A business entity of performance place, self-employed performer or individual performance broker that has obtained its/his business
license according to law shall go through the archival-filing formalities with the local cultural administration at the county level,
which shall issue a certification of archival filing. The specimen of the certification of archival filing shall be designed by the
Ministry of Culture and shall be printed by the cultural administration at the provincial level according to the design requirements
of the Ministry of Culture.
Article 12
Anyone who applies for establishing a Chinese-foreign joint venture or Chinese-foreign contractual performance brokerage institution
shall submit the following documents as well as the documents as prescribed in Article 10 of the present Detailed Rules for the
Implementation:
(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,
be carried out for any state-owned asset in the form of investment or cooperative requirements as provided by the Chinese party to
the joint venture or contractual brokerage institution;
(4)
The name list of the candidates of the chairman, deputy chairman and directors of the board of directors, or of the director, deputy
director, members of the joint management committee, which is determined by all parties to the joint venture or contractual brokerage
institution through consultation, and the identity certification thereof; and
(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
institution of performance shall be assumed by Chinese representatives, which shall constitute a majority number of the board of
directors or the joint management committee.
Article 13
Anyone who applies for establishing a Chinese-foreign joint venture or Chinese-foreign contractual business entity of performance
places shall submit the following documents:
(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,
be carried out for any state-owned asset in the form of investment or cooperative requirements as provided by the Chinese party to
the joint venture or contractual brokerage institution;
(6)
The name list of the candidates of the chairman, deputy chairman and directors of the board of directors, or of the director, deputy
director and other members of the joint management committee, which is determined by all parties to the joint venture or contractual
brokerage institution through consultation, and the identity certification thereof;
(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
entity of performance places shall be assumed by Chinese representative, which shall constitute a majority number of the board of
directors or the joint management committee.
Article 14
A performance brokerage institution of Hong Kong Special Administrative Region or Macao Special Administrative Region may, upon approval,
establish branches in the mainland, but its branches in the mainland may not enjoy the status of enterprise legal-person.
A branch as established in the mainland by a performance brokerage institution of Hong Kong Special Administrative Region or Macao
Special Administrative Region may engage in the intermediary or agent activities of commercial performance in accordance with the
law, but may not undertake any other business activities concerning performance. A performance brokerage institution of Hong Kong
Special Administrative Region or Macao Special Administrative Region shall bear the civil liabilities for the business operations
of its branches.
Any performance brokerage institution of Hong Kong Special Administrative Region or Macao Special Administrative Region that establishes
a branch in the mainland shall designate the person-in-charge of the said branch in the mainland and appropriate the relevant funds
to the branch for the relevant business operations.
Article 15
A performance brokerage institution of Hong Kong Special Administrative Region or Macao Special Administrative Region that applies
for the establishment of a branch in the mainland shall submit the following documents:
(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
to its branch for business operations; and
(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
accordance with paragraph 2 of Article 10 of the present Detailed Rules for the Implementation.
Article 16
An investor of the Hong Kong Special Administrative Region or Macao Special Administrative Region who applies for the establishment
of a sole-capital business entity of performance place in the mainland shall submit the following documents:
(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 joint-venture or contractual performance brokerage institution or business entity of performance place in the mainland shall handle
it by referring to paragraph 1 of Article 12 and paragraph 1 of Article 13 of the present Detailed Rules for the Implementation.
A Taiwan investor who applies for the establishment of a joint-venture or contractual performance brokerage institution or business
entity of performance places in the mainland shall handle it by referring to Articles 12 and 13 of the present Detailed Rules for
the Implementation.
Article 18
Anyone that has established a joint-venture, contractual or sole-capital business entity of performance or a branch under the provisions
of Articles 12 and 13 of the Regulation shall, after obtaining the commercial performance license as issued by the Ministry of Culture,
file an application with the Ministry of Commerce through the local administrative department of commerce at the provincial level
upon the strength of the said license, go through the relevant formalities, and shall register with the administrative department
of industry and commerce and obtain a business license.
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
to the cultural administration in charge of the examination and approval thereof.
Anyone that applies for holding a foreign-related commercial performance or a commercial performance relating to Hong Kong or Macao
shall, 20 days before the performance, submit the application materials to the cultural administration in charge of the examination
and approval thereof.
Article 20
Anyone who files an application for holding a commercial performance shall, upon the strength of the commercial performance license
or the business license thereof, submit the documents as prescribed by Article 17 of the Regulation to the cultural administration.
Anyone that files an application for a commercial performance using temporarily-built stage or stand shall submit the documents that
conform to the provisions of items (2) and (3) of Article 21 of the Regulation. For any performance as approved, the sponsor shall,
1 day before the performance submit the documents as prescribed in item (1) of Article 21 of the Regulation to the cultural administration
in charge of the examination and approval thereof. In the case of failure to conform to the prescribed requirements, the performance
may not be held.
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
or Macao, the following documents shall be submitted as well:
(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
deposit account of the current month that is issued by the opening bank of the applicant entity, or the certification that such financial
institutions as a bank approve a loan, or the certification of any other entity’s approval for loans, investment, guaranty and support
as well as the deposit certification of the basic deposit account of the current month as issued by the opening bank of the said
entity.
The cultural administration shall carry out the examination and approval of the foreign-related commercial performance or commercial
performance relating to Hong Kong or Macao and may, if necessary, organize experts to carry out demonstration according to law.
Article 22
Anyone who files an application for holding any foreign-related commercial performance in any non-singing-or-dancing entertainment
place shall file an application with the Ministry of Culture through the local cultural administration at the provincial level, which
shall issue the examination opinion and report it to the Ministry of Culture for examination and approval within 5 days.
For any across-province performance, the examination opinion of the relevant cultural administration at the provincial level where
the performance is held shall be provided.
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;
and
(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
be responsible for going through the formalities for entry and exit of all the artistic performance groups and individuals from foreign
countries, or of those from Hong Kong, Macao and Taiwan. As for a tour performance, it shall be reliable for the communications and
program arrangements of the whole journey as well.
Article 25
The professional performers of an artistic performance group and the teachers and students of a professional art academy may participate
in the commercial performance as held by any artistic performance group, performance brokerage institution or business entity of
performance place, but may not unlawfully hold any commercial performance by themselves.
Article 26
Where a professional performer of an artistic performance group or a teacher or student of a professional art academy is invited to
participate in any commercial performance, or participates in any commercial performance that is not held by his/her entity, the
agreement of the entity where he/she works shall be secured and a contract shall be concluded thereon.
Article 27
Where a professional artistic performer from a foreign country or Hong Kong or Macao who is invited by a professional art academy
to engage in teaching and study requires to participate temporarily in any commercial performance, a performance brokerage institution
shall be entrusted as an agent to handle it, which shall, in accordance with the prescribed procedures, report it to the Ministry
of Culture or the cultural administration at the provincial level for examination and approval.
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
makes use of his song or music that has been recorded beforehand instead of giving his/ her live performance of the song or music
in a performance.
Article 29
In the event of holding any charity performance, the relevant formalities for examination and approval shall be gone through in accordance
with the Regulation and the present Detailed Rules for the Implementation.
Any performer or performance staff member that participates in a charity performance may not claim any remuneration from the performance.
The performance entity or self-employed performer shall, after the necessary costs and expenditures being deducted, donate the income
as generated from the performance to the public welfare undertakings and may not make any profit therefrom.
The income as generated from a charity performance includes the ticket income, the donated funds and materials, the income from advertisement
and any other income from the activities relating to the performance.
The necessary costs and expenditures include the expenses for food, accommodation and transportation and those as needed for the performance,
such as the stage lighting and acoustic equipment, costumes and props, stage art and performance place, and publicity, etc.
The performance entity or self-employed performers shall, within10 days after the conclusion of the charity performance, report the
settlement of revenues and expenditures of the performance to the examination and approval organ for archival filing.
Any other charity performance as held in the form as prescribed in Article 3 of the present Detailed Rules for the Implementation
shall be carried out by referring to the provisions of the present Article.
Article 30
An investment entity of commercial performance may enjoy the name-crowning right according to law and may enjoy the right of distributing
the income as generated from a performance in accordance with the stipulation of the contract.
Article 31
In a commercial performance, the relevant sponsor shall comply with the requirements of stage design and give priority to domestic
performance facilities.
Article 32
In case a business entity of singing and dancing entertainment place, stadium, hotel, restaurant, dining place or any other non-performance
place requests to hold any commercial performance in its place, it shall entrust a performance brokerage institution as an agent
to handle it and shall report it to the cultural administration in accordance with the prescribed procedures.
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
are up to national standards and embody national characteristics.
The relevant departments of the people’s government above the county level may, in accordance with the relevant provisions of the
Regulation and the financial management system, encourage and support the performance that reflects ethnic features and national
level.
Article 35
The cultural administrations at all levels shall publicize the matters concerning the examination and approval of commercial performance
to the society.
Article 36
The cultural administrations shall, in light of the requirements of the administration of performance, establish a system of reporting
performance information, a responsibility system of going on a tour of inspection on the performance market, the system of publicizing
the basic information on performance business entities so as to strengthen the administration and supervision of the performance
market.
Article 37
The performance association is a self-discipline organization constituted by performance entities and performance practitioners. The
members of the performance association shall, pursuant to the articles of associations of the performance association, enjoy the
rights and perform the obligations as stipulated in the articles of associations.
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
entrust other organization as accredited by the performance association or the cultural administration at the provincial level to
carry out trainings and the relevant work.
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
and 2 duplicates. The original of the commercial performance license shall be hung at an eye-catching place of its main office.
The commercial performance license as designed by the Ministry of Culture, shall be printed and produced by the provincial cultural
administrations according to the requirements of the Ministry of Culture, and shall be filled in, printed and stamped with an official
seal by the license-issuing authority. The duplicates of the commercial performance license shall give a clear indication of the
name and contact method of the person-in-charge and the handlers of the license-issuing authority.
Article 41
An artistic performance group or a performance brokerage institution that has obtained the commercial performance license shall, within
90 days, put the duplicate of its business license as issued by the administrative department for industry and commerce with the
culture administration that has issued the commercial performance license on record.
Article 42
When the cultural administration revokes the commercial performance license of a commercial artistic performance group or performance
brokerage institution, it shall notify the administrative department for industry and commerce to alter the business scope or revoke
the business license.
No entity or individual may withhold or detain the commercial performance license of a commercial artistic performance group or performance
brokerage institution, except that the cultural administration suspend or revoke it in accordance with the law.
Article 43
The revocation or writing-off of the commercial performance license of a commercial artistic performance group shall be put on record
with the cultural administration at the provincial level. The revocation or writing-off of the commercial performance license of
a performance brokerage institution, it shall be put on record with the Ministry of Culture.
Article 44
The cultural administrations at all levels shall establish an archival system for registering the license issued to commercial artistic
performance groups and performance brokerage institutions, and a registration system of performance places, self-employed performers
and self-employed performance brokers.
Article 45
When giving an administrative punishment to an artistic performance group or a performance brokerage institution, the cultural administration
shall record the punishment decision on the duplicate of the commercial performance license and affix the seal of the organ that
has given the punishment and, at the same time, notify the license-issuing authority of the punishment decision.
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
before the date of the performance, the certification of passing the inspection and acceptance of performance places according to
law as prescribed in Article 21 of the Regulation to the cultural administration in charge of the examination and approval of performance
and directly holding any commercial performance by using any temporarily-built stage or stand, shall be punished by the cultural
administration at the county level in accordance with the provisions of Article 44 of the Regulation.
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
its obligations in the business activity of a performance and reselling or transferring the operational right of the performance,
shall be punished in accordance with the provisions of Article 45 of the Regulation.
Article 48
Any professional performer of an artistic-cultural performance group or any teacher or student of a professional art college or university
that violates the provisions of Article 25 of the present Detailed Rules for the Implementation by unlawfully holding any commercial
performance shall be punished by the cultural administration at the county level in accordance with the provisions of Article 43
of the Regulation.
Article 49
Any entity that violates the provisions of Article 26 of the present Detailed Rules for the Implementation by inviting any professional
performer of an artistic-cultural performance group or any teacher or student of a professional art college or university to participate
in any commercial performance without soliciting the consent of the relevant entity shall be given a warning by the cultural administration
at the county level, and shall be imposed a fine of not less than 10, 000 Yuan but not more than 30, 000 Yuan as well.
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
engage in teaching or research violates the provisions of Article 27 of the present Detailed Rules for the Implementation by unlawfully
engaging in any commercial performance, the cultural administration at the county level shall give it a punishment in accordance
with the provisions of Article 43 of the Regulation.
Article 51
Anyone who cheats the audience by such means as fraudulent musical performance shall be punished in accordance with the provisions
of Article 47 of the Regulation.
Article 52
Where an entity that violates the provisions of Article 29 of the present Detailed Rules for the Implementation by failing to go
through the formalities for examination and approval according to the relevant regulations to unlawfully hold any charity performance
or any other public welfare performance without permission
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the Ministry of Commerce, the State Administration for Industry and Commerce
Order of the Ministry of Commerce and the State Administration for Industry and Commerce
No.14
The Supplementary Provisions on the Measures for the Administration of Operation Qualification of Foreign labor service Cooperation,
which were adopted upon deliberation at the 11th ministerial meeting of the Ministry of Commerce on July 4th, 2005, and approved
by the State Administration for Industry and Commerce, are hereby promulgated and shall come into force 30 days after the day of
its promulgation.
Minister of the Ministry of Commerce, Bo Xilai
Director General of the State Administration for Industry and Commerce, Wang Zhongfu
August 15, 2005
Supplementary Provisions on the Measures for the Administration of Operation Qualification of Foreign Labor Service Cooperation
With a view to meeting the need of enterprise restructuring and promoting the development of foreign labor service cooperation in
western regions, we hereby make the following supplementary provisions on the Measures for the Administration of Operation Qualification
of Foreign Labor Service Cooperation (Order No.3 of the Ministry of Commerce and the State Administration for Industry and Commerce,
hereinafter referred to as the Measures for Administration):
I.
The following enterprises, which conform to the provisions of items (1) to (7) of Article 5 of the Measures for Administration (excluding
the requirements for the registration time), may continue undertaking foreign labor service within the respective former business
scope of the enterprises, but shall apply for changing the Certificate of the People’s Republic of China for Operation Qualification
of Foreign Labor Service Cooperation:
1.
The enterprise that survives the merger of an enterprise that has the operation qualification of foreign labor service cooperation
(hereinafter referred to as the operation qualification) with any other enterprise that has been written off, or the newly established
enterprise after such merger; or
2.
The enterprise that is newly established after the division of an enterprise that has the operation qualification, in which the former
enterprise has been written off or have given up its operation qualification with its foreign labor service cooperation business
wholly incorporated into the newly established enterprise.
Where an enterprise that has the operation qualification is divided, apart from the circumstances as prescribed in the preceding paragraph,
the enterprise newly established after the division that conforms to the provisions of Article 5 (excluding the requirements for
the registration time) of the Measures for Administration may apply for operation qualification according to law.
II.
In western provinces or autonomous regions where less than 300 laborers are sent abroad in a year, apart from the enterprises that
have had the operation qualification prior to the promulgation of the present Provisions, one enterprise may be specially permitted
to apply for the operation qualification, and the enterprise is not be restricted by the requirements for outstanding achievement
as prescribed in item (8) of Article 5 of the Measures for Administration.
III.
The present Provisions shall come into force 30 days after the day of its promulgation.
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