Administrative Regulations on Commercial Performances (Revised in 2016)
Administrative Regulations on Commercial Performances (Revised in 2016)
Administrative Regulations on Commercial Performances (Revised in 2016)
Order of the State Council of the People's Republic of China No.666
February 6, 2016
(Promulgated by the Order of the State Council of the People's Republic of China No.439 on July 7, 2005; revised according to the Decision of the State Council on the Revision of the Administrative Regulations on Commercial Performances of July 22, 2008; revised for the second time according to the Decision of the State Council on Abolishing and Revising Some Administrative Laws and Regulations on July 18, 2013; and revised for the third time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016)
Chapter I General Provisions
Article1 The Regulations is formulated for the purposes of enhancing the administration of commercial performances, promoting the development of cultural industry, boosting the socialist art cause, catering for the cultural needs of the people and advancing the socialist spiritual civilization.
Article 2 The commercial performances mentioned in the Regulations refers to the onsite art performances for the general public for profit making purposes.
Article 3 The commercial performances shall adhere to the orientation of serving the people and the socialism, give priority to the social benefits, balancing the social and economic benefits and enrich the cultural life of the people.
Article 4 The state encourages the artistic performance organizations and performers to create and perform programs with high ideological and artistic level, which reflect excellent national cultural traditions and are popular among the people, and encourages them to give gratuitous or preferential performances in rural areas and industrial and mining enterprises and for children.
Article 5 The competent department of culture under the State Council shall be responsible for the supervision and administration of the commercial performances across the country. The public security department and the administration for industry and commerce under the State Council shall be responsible for the supervision and administration of commercial performance according to their respective functions.
The competent departments of culture under local people's governments at or above county level shall be responsible for the supervision and administration of the commercial performances in places under their jurisdictions. The public security departments and administrations for industry and commerce under local people's governments at or above county level shall, according to their respective functions, be responsible for the supervision and administration of commercial performances in places under their jurisdiction.
Chapter II Establishment of Business Entities of Commercial Performances
Article 6 To apply for engaging in commercial performances, a culture and arts performance group shall have full-time performers and equipment in line with its performing business, and file an application with the culture administrative department of the people's government at the county level. To apply for engaging in commercial performances, a performance brokerage agency shall have three or more full-time performance brokers and funds for the relevant business, and file an application with the culture administrative department of the people's government of a province, autonomous region or municipality directly under central government. The culture administrative department shall make a decision within 20 days from the receipt of the application; where the application is approved, a commercial performance permit shall be issued; where the application is rejected, a written notice with explanation shall be served to the applicant.
Article 7 For establishing a business entity of performance places, the applicant shall go through registration formalities in the administration for industry and commerce, get a business license and handle approval formalities in accordance with the relevant laws and administrative regulations on fire fighting and sanitation, etc.
A business entity of performance places shall, within 20 days upon its obtaining of its business license, report to the competent department of culture under the people's government at the county level at the place where it domiciles for file.
Article 11 Investors from Hong Kong Special Administrative Region (Hong Kong SAR) and Macao Special Administrative Region (Macao SAR)may establish equity or cooperative joint or solely funded performance brokerage institutions and business entities of performance places in the mainland. The performance brokerage institutions of Hong Kong SAR and Macao SAR may set up branches in the mainland.
Investors from Taiwan may establish equity or cooperative joint performance brokerage institutions and business entities of performance places in the mainland, where the investment proportion of the mainland party shall not be less than 51% or the mainland party shall have the dominant position in business. Investors from Taiwan are not permitted to establish any equity or cooperative joint or solely-funded artistic performance organization, or solely-funded performance brokerage institution or business entity of performance places.
Where a performance brokerage institution established under this Article applies for engaging in commercial performance activities or a performance premise operator established under this Article applies for engaging in performance premise activities, an application shall be filed with the culture administrative department of the province, autonomous region or municipality directly under central government. The culture administrative department of the people's government of the province, autonomous region or municipality directly under central government shall make a decision within 20 days from the receipt of the application. Where the application is approved, a commercial performance permit shall be issued; where the application is rejected, a written notice explaining the reason shall be served to the applicant.
When establishing a performance brokerage agency or a performance premise business operator under this Article, the applicant shall also observe other laws and regulations in China.
Chapter III Norms on Commercial Performances
Article 12 Artistic performance organizations or self-employed performers may hold commercial performances independently, and participate in any cooperative commercial performances.
The cooperative commercial performances shall be arranged by a performance brokerage institution, but a business entity of performance places may hold cooperative commercial performances at its own places.
A performance brokerage institution may be engaged in activities including intermediary, agency and brokerage for commercial performances; a self-employed performance broker may only conduct activities of intermediary and agency for commercial performances.
Article 13 For hosting commercial performances, the applicant shall apply to the competent department of culture under the people's government at county level at the place where the performances are hosted. The latter shall make a decision within 3 days upon its acceptance of the application. If the application meets the requirements provided in Article 26 hereof, the approval document shall be issued; if the application does not meet the requirements provided in Article 26 hereof, the application shall not be approved and the applicant shall be informed in written form and explanations shall be made.
Article 14 No entities or individuals other than performance brokerage institutions are permitted to hold commercial performances joined by artistic performance organizations or individuals from foreign countries, Hong Kong SAR, Macao SAR and Taiwan, but where an artistic performance organization holds commercial performances by itself, it may invite artistic performance organizations and individuals from foreign countries, Hong Kong SAR, Macao SAR and Taiwan.
For the holding of commercial performances joined by artistic performance organizations and individuals from foreign countries, Hong Kong SAR, Macao SAR and Taiwan, the following conditions shall be satisfied:
1.
......
Order of the State Council of the People's Republic of China No.666
February 6, 2016
(Promulgated by the Order of the State Council of the People's Republic of China No.439 on July 7, 2005; revised according to the Decision of the State Council on the Revision of the Administrative Regulations on Commercial Performances of July 22, 2008; revised for the second time according to the Decision of the State Council on Abolishing and Revising Some Administrative Laws and Regulations on July 18, 2013; and revised for the third time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016)
Chapter I General Provisions
Article1 The Regulations is formulated for the purposes of enhancing the administration of commercial performances, promoting the development of cultural industry, boosting the socialist art cause, catering for the cultural needs of the people and advancing the socialist spiritual civilization.
Article 2 The commercial performances mentioned in the Regulations refers to the onsite art performances for the general public for profit making purposes.
Article 3 The commercial performances shall adhere to the orientation of serving the people and the socialism, give priority to the social benefits, balancing the social and economic benefits and enrich the cultural life of the people.
Article 4 The state encourages the artistic performance organizations and performers to create and perform programs with high ideological and artistic level, which reflect excellent national cultural traditions and are popular among the people, and encourages them to give gratuitous or preferential performances in rural areas and industrial and mining enterprises and for children.
Article 5 The competent department of culture under the State Council shall be responsible for the supervision and administration of the commercial performances across the country. The public security department and the administration for industry and commerce under the State Council shall be responsible for the supervision and administration of commercial performance according to their respective functions.
The competent departments of culture under local people's governments at or above county level shall be responsible for the supervision and administration of the commercial performances in places under their jurisdictions. The public security departments and administrations for industry and commerce under local people's governments at or above county level shall, according to their respective functions, be responsible for the supervision and administration of commercial performances in places under their jurisdiction.
Chapter II Establishment of Business Entities of Commercial Performances
Article 6 To apply for engaging in commercial performances, a culture and arts performance group shall have full-time performers and equipment in line with its performing business, and file an application with the culture administrative department of the people's government at the county level. To apply for engaging in commercial performances, a performance brokerage agency shall have three or more full-time performance brokers and funds for the relevant business, and file an application with the culture administrative department of the people's government of a province, autonomous region or municipality directly under central government. The culture administrative department shall make a decision within 20 days from the receipt of the application; where the application is approved, a commercial performance permit shall be issued; where the application is rejected, a written notice with explanation shall be served to the applicant.
Article 7 For establishing a business entity of performance places, the applicant shall go through registration formalities in the administration for industry and commerce, get a business license and handle approval formalities in accordance with the relevant laws and administrative regulations on fire fighting and sanitation, etc.
A business entity of performance places shall, within 20 days upon its obtaining of its business license, report to the competent department of culture under the people's government at the county level at the place where it domiciles for file.
Article 11 Investors from Hong Kong Special Administrative Region (Hong Kong SAR) and Macao Special Administrative Region (Macao SAR)may establish equity or cooperative joint or solely funded performance brokerage institutions and business entities of performance places in the mainland. The performance brokerage institutions of Hong Kong SAR and Macao SAR may set up branches in the mainland.
Investors from Taiwan may establish equity or cooperative joint performance brokerage institutions and business entities of performance places in the mainland, where the investment proportion of the mainland party shall not be less than 51% or the mainland party shall have the dominant position in business. Investors from Taiwan are not permitted to establish any equity or cooperative joint or solely-funded artistic performance organization, or solely-funded performance brokerage institution or business entity of performance places.
Where a performance brokerage institution established under this Article applies for engaging in commercial performance activities or a performance premise operator established under this Article applies for engaging in performance premise activities, an application shall be filed with the culture administrative department of the province, autonomous region or municipality directly under central government. The culture administrative department of the people's government of the province, autonomous region or municipality directly under central government shall make a decision within 20 days from the receipt of the application. Where the application is approved, a commercial performance permit shall be issued; where the application is rejected, a written notice explaining the reason shall be served to the applicant.
When establishing a performance brokerage agency or a performance premise business operator under this Article, the applicant shall also observe other laws and regulations in China.
Chapter III Norms on Commercial Performances
Article 12 Artistic performance organizations or self-employed performers may hold commercial performances independently, and participate in any cooperative commercial performances.
The cooperative commercial performances shall be arranged by a performance brokerage institution, but a business entity of performance places may hold cooperative commercial performances at its own places.
A performance brokerage institution may be engaged in activities including intermediary, agency and brokerage for commercial performances; a self-employed performance broker may only conduct activities of intermediary and agency for commercial performances.
Article 13 For hosting commercial performances, the applicant shall apply to the competent department of culture under the people's government at county level at the place where the performances are hosted. The latter shall make a decision within 3 days upon its acceptance of the application. If the application meets the requirements provided in Article 26 hereof, the approval document shall be issued; if the application does not meet the requirements provided in Article 26 hereof, the application shall not be approved and the applicant shall be informed in written form and explanations shall be made.
Article 14 No entities or individuals other than performance brokerage institutions are permitted to hold commercial performances joined by artistic performance organizations or individuals from foreign countries, Hong Kong SAR, Macao SAR and Taiwan, but where an artistic performance organization holds commercial performances by itself, it may invite artistic performance organizations and individuals from foreign countries, Hong Kong SAR, Macao SAR and Taiwan.
For the holding of commercial performances joined by artistic performance organizations and individuals from foreign countries, Hong Kong SAR, Macao SAR and Taiwan, the following conditions shall be satisfied:
1.
......