Implementing Rules for the Administrative Regulations on Commercial Performances (2005)
Implementing Rules for the Administrative Regulations on Commercial Performances (2005)
Implementing Rules for the Administrative Regulations on Commercial Performances (2005)
Order of the Ministry of Culture [2005] No. 34
August 30, 2005
The Implementing Rules for the Administrative Regulations on Commercial Performances (2005), adopted at the executive meeting of the Ministry of Culture upon deliberation, on August 25, 2005, are hereby promulgated and shall come into force as of September 1, 2005.
Minister of Culture Sun Jiazheng
Attached: Implementing Rules for the Administrative Regulations on Commercial Performances (2005)
Chapter I General Provisions
Article 1 The present Implementing Rules are formulated in accordance with the Administrative Regulations on Commercial Performances (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, supernatural (magic), circus, quyi, puppet, shadow play, recitation, folk art and any other form of culture performance.
Article 3 For the purpose of this Regulation, "commercial performances" refers to the performance activities as held for purpose of making profit in any of 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 secure 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 elaborated 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 elaborated 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 location" refers to the business entity that satisfies the requirements as mentioned in Article 8 of the Regulation and provides professional performance venues 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 performances 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 (completed one);
2. The Notice on the Advance Approval for the Name of an Artistic Performance Group, domicile thereof and the type of arts engaged in;
3. The identity certification of the legal representative(s) 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 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 (completed one);
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 of financial proof.
The measures for the qualification accreditation of performance brokers as mentioned in item 4of the preceding paragraph shall be formulated by the national performance association.
Article 11 A business entity of performance location, self-employed performer or a solo performance broker who has obtained his or her business license according legally 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.
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 Implementing Rules:
1. The feasibility studies 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.
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