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State Council
Order of the State Council of People’s Republic of China
No. 439
The Regulation for the Administration of Commercial Performances was adopted at the 84th executive meeting of the State Council on
March 23, 2005., which is hereby promulgated and shall come into force as of September 1, 2005.
Premier Wen Jiabao
July 7, 2005
Regulation for the Administration of Commercial Performances
Chapter I General Provisions
Article 1
This Regulation is formulated for the purpose of strengthening the management of commercial performances, promoting the development
of cultural industry, flourishing the socialist art cause, meeting with the needs of cultural life of the people and promoting the
construction of socialist spiritual civilization.
Article 2
The “commercial performances” as mentioned in this Regulation refer to the art performances activities on site hold for the general
public for commercial profit purposes.
Article 3
The commercial performances shall adhere to the direction of serving the people and the socialism, give priority to the social benefits,
realize the uniform of the social and economic benefits, and enrich the cultural life of the people.
Article 4
The state encourages the artistic performance groups, creation of performers to produce and perform the excellent programs that unify
the cultural and the spirits and reflect the good national cultural tradition and are popular welcomed by people, and encourages
the performances that are gratuitously or preferentially offered to rural areas, industrial and mining enterprises, as well as the
children.
Article 5
The competent department of culture of the State Council shall be responsible for the supervision and management of the commercial
performances throughout the country. The department of public security and the administrative department of industry and commerce
of the State Council shall, according to their respective functions, be responsible for the supervision and management of the commercial
performances.
The competent departments of culture of the local people’s governments at or above the county level shall be responsible for the supervision
and management of the commercial performances within their respective administrative area. The departments of public security and
the administrative departments of industry and commerce of the local people’s governments at or above the county level shall, according
to their respective functions, be responsible for the supervision and management of commercial performances.
Chapter II Establishment of Business Subject of Commercial Performances
Article 6
For establishing a cultural and artistic performance organization, the applicant shall have full-time performers and equipment that
can meet the needs of its business of performances.
For establishing a performance brokerage institution, the applicant shall have 3 or more full-time performance brokers and fund that
can meet the needs of its business.
Article 7
For establishing a cultural and artistic performance organization , the applicant shall file an application to the competent department
of culture of the people’s government at the county level. For establishing a performance brokerage institution, the applicant shall
file an application to the competent department of culture of the people’s government of the province, autonomous region or municipality
directly under the Central Government. The competent department of culture shall make a decision within 20 days as of it accepts
the application. If it approves the application, it shall issue the applicant a commercial performance license; if it disapproves
the application, it shall notify the applicant in written form and make an explanation.
After the applicant obtains the commercial performance license, it shall, upon strength of the license, go through the registration
formalities in the administrative department of industry and commerce to get a business license.
Article 8
For establishing a business entity of commercial performance place, the applicant shall go through the registration formalities in
the administrative department of industry and commerce, get a business license, and go through the examination and approval formalities
in accordance with the relevant laws and administrative regulations on fire protection, sanitation, etc.
The business entity of commercial performance place shall, within 20 days from the day when it obtains the business license, go through
the archival filing formalities in the competent department of culture of the people’s government at the county level at the place
where it is located.
Article 9
Where a cultural and artistic performance organization or performance brokerage institution intends to change its name, domicile,
legal person or major person-in-charge, or business items of commercial performances, it shall file an application to the original
license issuing organ for changing its commercial performance license and go through the formalities for modifying the registration
in the administrative department of industry and commerce according to law.
Where a business entity of commercial performance place intends to change its name, domicile, legal person or major person-in-charge,
it shall go through the formalities for modifying the registration in the administrative department of industry and commerce and
shall, once again, go through the archival filing formalities in the original archival filing organ.
Article 10
The self-employed performers engaged in commercial performances (hereinafter referred to as the self-employed performers) and the
self-employed performance brokers engaged in the activities such as intermediary and agency for commercial performances (hereinafter
referred to as the self-employed performance brokers) shall each go through the registration formalities in the administrative department
of industry and commerce to get a business license according to law.
A self-employed performer or self-employed performance broker shall, within 20 days from the day when it obtains a business license,
go through the archival filing formalities in the local competent department of culture of the people’s government at the county
level where it lived.
Article 11
Foreign investors may, jointly with Chinese investors, establish Sino-foreign equity joint and Sino-foreign contractual performance
brokerage institutions and business entities of performance place. No any Sino-foreign equity joint, Sino-foreign contractual or
solely foreign-funded cultural and artistic performance organizations are permitted to be established, and no any solely foreign-funded
performance brokerage institution or business entity of performance place are permitted to be established.
When establishing a Sino-foreign equity joint performance brokerage institution or business entity of performance place, the investment
proportion of the Chinese party shall not be less than 51%. When establishing a Sino-foreign contractual performance brokerage institution
or business entity of performance place, the Chinese party shall have the business dominant power.
When establishing a Sino-foreign equity joint or Sino-foreign contractual performance brokerage institution or business entity of
performance place, the applicant shall, via the competent department of culture of the people’s government of the relevant province,
autonomous region or municipality directly under the Central Government, file an application to the competent department of culture
of the State Council. The competent department of culture of the people’s government of the relevant province, autonomous region
or municipality directly under the Central Government shall, within 20 days as of it receives the application, issue and submit its
examination opinions to the competent department of culture of the State Council for examination and approval. The competent department
of culture of the State Council shall make a decision within 20 days from the day when it receives the examination opinions of the
competent department of culture of the people’s government of the relevant province, autonomous region or municipality directly under
the Central Government. If it approves the application, it shall issue the applicant a commercial performance license; if it disapproves
the application, it shall notify the applicant in written form and make an explanation. After the applicant obtains the commercial
performance license, it shall go through the examination and approval formalities in accordance with the relevant laws and regulations
on foreign investment.
Article 12
The investors from Hong Kong Special Administrative Region and Macao Special Administrative Region may establish equity joint, contractual
and solely funded business entities of performance place, as well as equity joint and contractual performance brokerage institutions
in the mainland. The performance brokerage institutions of Hong Kong Special Administrative Region and Macao Special Administrative
Region may set up branches in the mainland.
The investors from Taiwan region may establish equity joint and contractual performance brokerage institutions and business entities
of performance place in the mainland. However, the investment proportion of the mainland party shall not be less than 51% and the
mainland party shall have the business dominant power. No any equity joint, contractual or solely-funded cultural and artistic performance
organization, and solely-funded performance brokerage institution or business entity of performance place are permitted to be established.
The examination and approval formalities as prescribed in this Article shall be handled in accordance with the third paragraph of
Article 11 of this Regulation.
Chapter III Norms on Commercial Performances
Article 13
A cultural and artistic performance organization or self-employed performer may hold commercial performances independently, and may
participate in any cooperative commercial performances.
The cooperative commercial performances shall be hold by a performance brokerage institution, but a business entity of performance
place may hold cooperative commercial performances at its own performance place.
A performance brokerage institution may be engaged in the activities such as intermediary, agency and brokerage for commercial performances;
a self-employed performance broker may only act as a middleman or agent for commercial performances.
Article 14
When holding the commercial performances, the applicant shall file an application to the e competent department of culture of the
people’s government at the county level at the place where the performances are held. The competent department of culture of the
people’s government at the county level shall make a decision within 3 days from the day when it accepts the application. If the
application meets the requirements as prescribed in Article 26 of this Regulation, it shall issue the applicant an approval document;
if the application does not, it shall make a decision of disapproval and shall notify the applicant in written form and make an explanation.
Article 15
With the exceptions of performance brokerage institutions, any other entity or individual shall not be permitted to hold the commercial
performances participated in by cultural and artistic performance organizations or individuals of foreign or Hong Kong or Macao
Special Administration Region or Taiwan region. . However, when a cultural and artistic performance organization holds commercial
performances by itself, it may invite cultural and artistic performance organizations and individuals of foreign, or Hong Kong or
Macao Special Administration Region or Taiwan region. to participate in the commercial performances.
When holding commercial performances with participants of cultural and artistic performance organization and individuals of foreign,
Hong Kong and Macao Special Administration Region or Taiwan region , the hosting party shall meet the following requirements:
(1)
Having the fund that can meet the relevant needs of the commercial performances;
(2)
Having 2-year or more experience of hosting commercial performances; and
(3)
Having no record of violating this Regulation within 2years prior to the to-be-hosted commercial performances.
Article 16
If the commercial performances with participants of foreign cultural and artistic performance organizations and individuals are not
held in a singing and dancing entertainment place, the hosting entity shall file an application to the competent department of culture
of the State Council; if they are held in a singing and dancing entertainment place, the hosting entity shall file an application
to the competent department of culture of the people’s government of the province, autonomous region or municipality directly under
the Central Government at the place where the commercial performances are held.
With regard to the commercial performances with participants of cultural and artistic performance organizations and individuals of
Hong Kong and Macao Special Administration Region, the hosting entity shall file an application to the competent department of culture
of the people’s government of the province, autonomous region or municipality directly under the Central Government at the place
where the commercial performances are held. With regard to the commercial performances with participants of Taiwan cultural and artistic
performance organization and individuals, the hosting entity shall file an application to the competent department of culture of
the State Council jointly with the examination and approval organ as designated by the relevant departments of the State Council.
The competent department of culture of the State Council, or the competent department of culture of the people’s government of the
province, autonomous region or municipality directly under the Central Government shall make a decision within 20 days from the
day when it accepts an application. If the application meets the requirements as specified in Article 26 of this Regulation, it
shall issue the applicant an approval document; if it does not, it shall disapprove it and shall notify the applicant in written
form and make an explanation.
Article 17
The application materials for holding commercial performances shall include the following items:
(1)
The name of the performance, hosting entity and participants of cultural and artistic performance organization and actors of the
performances;
(2)
The date, place and total number of performances; and
(3)
The programs and the relevant visual and audio materials;
When applying for holding cooperative commercial performances, the applicant shall, in addition to submitting the above-mentioned
materials, submit the performers’ written letters about their promises to participate in the performances.
Where it is necessary to change any of the items as listed in the application materials of the commercial performances, the applicant
shall, for a second time, go through formalities for examination and approval respectively in accordance with Articles 14 and 16
of this Regulation.
Article 18
When providing a performance place, the business entity of performance place shall verify the approval document obtained by the hosting
entity of performances. It shall not provide its performance place for any unapproved commercial performances.
Article 19
A business entity of performance place shall ensure that the building and facilities of the performance place conform to the national
safety standards and fire protection and safety norms, shall regularly check the status of the fire protection and safety facilities
and shall maintain and renew these facilities in time.
The business entity of performance place shall set forth a plan on security protection and a plan on fire control and emergency evacuation.
When a hosting entity of performances intends to hold commercial performances in a performance place, it shall verify the records
of the checks over fire protection and safety facilities, the security protection plan as well as the fire control and emergency
evacuation plan of the business entity of performance place, and shall sign a safety responsibility agreement with the business entity
of performance place regarding the prevention and handling of emergent safety accidents during the performances.
Article 20
When hosting commercial performances in a pubic place, the hosting entity shall go through the examination and approval formalities
in accordance with the laws, administrative regulations and provisions of the state on safety and fire prevention and shall set forth
a security protection plan as well as a fire control and emergency evacuation plan. The performance place shall be equipped with
emergency broadcasting and lighting devices, shall set up obvious marks at the safe entries and exits and shall ensure the smoothness
of the safe entries and exits. If it is necessary to put up a temporary stage or stand, the hosting entity shall comply with the
relevant national safety standards so as to ensure the safety.
Article 21
When examining the commercial performances that need to put up a temporary stage or stand, the competent department of culture shall
examine the following documents of the hosting entity:
(1)
The conformity certification for the performance place upon check and acceptance according to law;
(2)
The security protection plan and emergency evacuation plan; and
(3)
The lawfully obtained safety and fire protection approval documents;
Article 22
The audience capacity of a performance place shall be subject to the examination and approval of the public security department. The
audience area and the buffer area shall be demarcated by the public security department and the buffer area shall have a conspicuous
mark.
The hosting entity shall print, produce and sell tickets according to the number of audience approved and the audience area demarcated
by the public security department.
When checking the tickets, if the hosting entity finds that the number of audience who have entered the performance place has reached
the audience number as examined and approved by the public security department but there are still audience waiting for entering
the performance place, it shall immediately stop checking tickets and shall simultaneously report the information to the public security
department at the county level at the place where the performances are held. If it finds any audience holding tickets beyond the
audience area or false tickets, it shall refuse them to enter the performance place and shall report to the public security department
at the county level at the place where the performances are held .
Article 23
No one may carry any infectious disease pathogen, and explosive, flammable, radioactive, corrosive or any other dangerous substances,
or illegally carry any gun, ammunition or controlled tool into the spot of the commercial performances.
The business entity of performance place shall, according to the requirements of the public security department, be equipped with
security check facilities and shall conduct necessary security check over the audience entering the spot of the performance place.
If any audience refuses the security check or commits any of the forbidden acts as mentioned in the preceding paragraph, the business
entity of performance place may refuse his entering the spot of performance place.
Article 24
The hosting entity of performances shall organize persons to carry out the safety and fire prevention measures during the commercial
performances and maintain the order of the spot of commercial performances.
If the hosting entity of performances and the business entity of performance place find that the order at spot of commercial performances
is in confusion, they shall immediately take measures and simultaneously report to the public security department at the county level
at the place where the performances are held .
Article 25
A hosting entity of performances shall not hold any commercial performances in the name of government or any government department.
No commercial performances may be post_titled with words such as “China (Zhongguo)”, “Chinese (Zhonghua)”, “National (Quanguo)”, “International”
(Guoji), etc.
The advertisements of commercial performances shall be genuine and lawful, and shall not mislead or cheat the general public.
Article 26
No commercial performance may
(1)
oppose the basic principles determined by the Constitution;
(2)
endanger the unity, sovereigntyterritorial integrity and security of the state, or jeopardize the honor or interests of the state;
(3)
stir up hatred or discrimination among ethnic groups, undermine the solidarity among ethnic groups, disrespect ethnic customs or practices,
or violate the religious policies;
(4)
disrupt social order and harm social stability;
(5)
harm the social morality or the excellent national culture and tradition;
(6)
advocate pornography, cult, superstition or violence;
(7)
insult or defame others, and infringe upon others’ legitimate rights and interests;
(8)
be cruel and harmful to performers both physically and mentally;
(9)
solicit audience by making use of the physical deformities or by showing physical variation of the performers; or
(10)
commit any acts that are prohibited by any law or administrative regulation.
Article 27
Where a business entity of performance place or hosting entity of performances finds that the commercial performances fall within
any of circumstances as mentioned in Article 26 of this Regulation, it shall immediately take measures to stop it and simultaneously
report to the public security department and competent department of culture of the people’s government at the county level at the
place where the performances are held.
Article 28
Where the cultural and artistic performance organization, main performer or principal program of commercial performances is changed,
the hosting entity shall timely inform the audience and make an explanation. The audience may have the right to return their tickets.
During the course of performances, the hosting entity shall not suspend or terminate the performances and no actor may withdraw from
the performances except that the performances are unable to proceed due to any force majeure.
Article 29
No performer may cheat the audience by lip synching. No hosting entity may organize the performers to conduct lip synching. No entity
or individual may provide any conditions for lip synching.
The hosting entity of commercial performances shall assign special persons to supervise the performances so as to prevent the lip
synching acts.
Article 30
A business subject of commercial performances shall make tax payments for its incomes from commercial performances according to law.
When a hosting entity of performances pays the performers and its staff performance remuneration, it shall fulfill the tax withholding
obligation according to law.
Article 31
The income from charity and no benefit performances shall, excluding the necessary costs, be entirely given to the donee entity. No
hosting entity, participant of cultural and artistic performance organization or performer or staff member may obtain benefit from
charity and no benefit performances.
Article 32
No entity or individual may counterfeit, alter, rent, lend, buy or sell any commercial performance license, approval document or business
license. No entity or individual may counterfeit or alter any commercial performance tickets or buy in any counterfeited or altered
commercial performance tickets and sell them at a profit.
Chapter IV Supervision and Management
Article 33
The competent departments of culture may, in pursuance of the relevant provisions of the state, give subsidies to the performances
that reflect the ethnic features and national level, except that, the people’s governments and government departments at all levels
shall not financially support or sponsor commercial performances or do so in any disguised form, or use public funds to purchase
tickets of commercial performances for personal consumption.
Article 34
The competent departments of culture shall strengthen the supervision and management over commercial performances.
With regard to the commercial performances with participants of cultural and artistic performance organization and individuals of
foreign, Hong Kong and Macao Special Administration Region or Taiwan region, and the commercial performances for which a temporary
stage or stand need to be put up, the competent department of culture of the people’s government at the county level at the place
where the performances are held shall conduct an on-the-spot inspection; as to other types of commercial performances, it shall conduct
on-the-spot selective checks.
Article 35
The competent departments of culture of the people’s governments at the county level or above shall give full play to the roles of
the culture law enforcement institutions and may invite society volunteer supervisors to supervise commercial performances.
Any entity or individual may, by telephone or mobile phone short message, tip off any act in violation of this Regulation. The competent
departments of culture of the people’s government at the county level or above shall publish the tip-off telephone number and shall
ensure that the phone calls will be answered at any time.
After the competent department of culture of the people’s government at the county level or above receives the report of a society
volunteer supervisor or any tip-off from the public, it shall make records, shall immediately go to the spot to investigate and handle
it, and shall publish the handling result within 7 days after it finishes the handling.
The competent department of culture of the people’s governments at the county level or above shall commend the society volunteer supervisors
who have made outstanding contributions, and shall reward the informants whose tip-off is confirmed upon investigation.
Article 36
After the public security department approves any commercial performances in accordance with the relevant laws, administrative regulations
and provisions of the state, it shall conduct an on-the-spot check over the safety status of the spot of the commercial performances
before the performances are held. If it finds any hidden danger of safety, it shall not allow the commercial performances to start
until the hidden danger of safety is eliminated.
The public security department may conduct a necessary safety check over the audience entering the spot of the commercial performances;
if it finds any audience commits any of the acts prohibited in the first paragraph of Article 23 of this Regulation, it shall not
allow him to enter the spot of commercial performances until the hidden danger of safety is eliminated.
The public security department may organize the police force to help the hosting entity of performances to maintain the order of the
spot of commercial performances.
Article 37
The public security department shall take measures immediately to eliminate the hidden danger of safety as soon as it receives a report
that the number of audience has reached the approved number thereof and there are still people waiting for entering the performance
place, or that the spot of the commercial performances is in confusion.
Article 38
The personnel of public security department and the competent department of culture who undertake the spot management and inspection
tasks shall show their duty certificates when entering the spot of commercial performances.
Article 39
When the competent department of culture conducts supervision and inspection over commercial performances in accordance with the law,
it shall record the supervision and inspection information as well as handling results and shall keep the relevant records as files
after they are signed by the supervisors and inspectors. The general public shall be enpost_titled to consult the supervision and inspection
records.
Article 40
A competent department of culture , public security department or any other relevant department, or any of its staff members shall
not ask any hosting entity of performances or business entity of performance place for tickets of performances.
Article 41
The competent department of culture of the State Council and the competent departments of culture of all provinces, autonomous regions
and municipalities directly under the Central Government shall commend and shall adopt various measures to publicize the cultural
and artistic performance organizations and performers who have made distinctive contributions to hold performances in the rural areas,
industrial and mining enterprises, as well as to offering free and preferential performances to the children.
With regard to the programs that are proper to be staged in rural areas and industrial and mining enterprises, the competent department
of culture of the State Council may, after it obtains the permission of the copyright owners in accordance with the law, offer them
to the cultural and artistic performance organizations and performers to perform in the rural areas, and industrial and mining enterprises.
When the competent departments of culture conduct art awards appraisement, , they shall properly take into consideration the numbers
of performances held in the rural areas, and industrial and mining enterprises by the candidate cultural and artistic performance
organizations and performers.
The local people’s governments at the county level or above shall support the cultural and artistic performance organizations and
performers who conduct performances in rural areas, and industrial and mining enterprises.
Article 42
The performance associations shall, under their respective charter, formulate self-disciplinary norms, give guidance to and supervise
the business operations of their members and promote fair competition.
Chapter V Legal Liabilities
Article 43
The competent department of culture of the people’s government at the county level shall ban any of the following acts, confiscate
the performance equipment and illegal gains, and fine the violator 8 times up to 10 times of the amount of the illegal gains. If
there are no illegal gains or if the amount of illegal gains is less than 10, 000 yuan, it shall fine the violator 50, 000 yuan up
to 100, 000 yuan concurrently. If any crime is constituted, the violator shall be subject to the criminal liabilities:
(1)
Violating Article 7 , 11 or 12 of this Regulation due to illegally setting up any cultural and artistic performance organization,
performance brokerage institution or unlawfully engaging in business activity of commercial performances;
(2)
Violating Article 13 or 15 of this Regulation to engaging in business of commercial performances by exceeding the business scope;
or
(3)
Violating the provisions in the first paragraph of Article 9 of this Regulation due to failure to file an application to the original
license issuing organ for replacing the commercial performance license by a new one after changing the business items of commercial
performances.
Anyone who violates Article 8 or 10 of this Regulation due to illegally establishing any business entity of performance place or
unlawfully engaging in business of commercial
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