Administrative Regulations on Commercial Performances

Order of the State Council of the People's Republic of China No. 229

The Administrative Regulations on Commercial Performances, which was adopted at the 61st executive meeting of the State Council on August 1, 1997, is released hereby and shall take effect as of October 1, 1997.

Premier Li Peng

August 11, 1997

Administrative Regulations on Commercial Performances

Chapter I General Provisions
　
Article 1 These Regulations are formulated for the purposes of enhancing administration of commercial performances, invigorating socialist literature and art, satisfying the requirements of the people in cultural life and promoting the construction of socialist cultural and ethical progress.
　
Article 2 Commercial performance activities and supervision and control over them within the territory of the People's Republic of China shall conform to these Regulations.
Performing organizations of literature and art, sites for performances and brokerage agencies for performances (hereinafter referred to as commercial performing units) as well as individual performers may engage in various commercial performance activities only after obtaining the commercial performance license pursuant to the provisions of these Regulations.
　
Article 3 Commercial performances must be directed toward serving the people and the socialism, be steadfast in putting social benefits first, promote the best in national culture, and enrich and improve the people's cultural and ethical life.
　
Article 4 The State encourages and supports performance of national fine arts, and encourages and supports performances catering to rural areas, teenagers and children.
　
Article 5 The State prohibits and bans illegal performance activities, and safeguards the lawful rights and interests of performing units and performers.
　
Article 6 The department for culture administration of the State Council shall be responsible for the administration of the commercial performance work throughout the country. The department for public security and the department for industry and commerce administration of the State Council shall, according to their respective functions and duties, administer commercial performance activities according to law.
The departments for culture administration of local people's governments at or above the county level shall be responsible for the administration of the commercial performance work within their respective administrative areas. The departments for public security and the departments for industry and commerce administration of local people's governments at or above the county level shall, according to their respective functions and duties, administer commercial performance activities within their respective administrative areas according to law.
　
Article 7 The State gives rewards to units and individuals that have made outstanding contributions to literary and artistic performances.

Chapter II Examination and Approval of Performing Units and Individual Performers
　
Article 8 The department for culture administration of the State Council shall be responsible for the formulation of the overall plan for performing units throughout the country; and the departments for culture administration of people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the State's overall plan, determine the total number, distribution and structure of performing units within their respective administrative areas.
　
Article 9 In establishing a commercial performing organization of literature and art, the following conditions shall be met:
1. have a name, organizational structures and articles of association for the unit;
2. have performers and staff with performance shills;
3. have a fixed place and props and equipment suitable for performances;
4. have funds suitable for its size.
In examining and approving the establishment of a commercial performing organization of literature and art, the plan of the total number, distribution and structure for performing organizations of literature and art shall be complied with, in addition to the conditions prescribed in the preceding paragraph.
　
Article 10 In applying for establishing a commercial performing organization of literature and art, an application shall, in accordance with the authority of examination and approval prescribed by the State, be filed with the department for culture administration of the people's government at or above the county level; and if approved, a Commercial Performance License shall be obtained.
After obtaining the Commercial Performance License, an application for registration shall, by presenting the License, be filed with the department for industry and commerce administration, and only after obtaining a business license, may the commercial performance activities be engaged in; however, performing organizations of literature and art whose funds are allocated by the State are exceptions.
　
Article 11 In establishing a site for commercial performances, the following conditions shall be met:
1. have a name, organizational structures and articles of association for the unit;
2. have a building suitable for performances, necessary props and equipment and appropriate professional managers;
3. have safety facilities and hygiene conditions conforming to the standards prescribed by the State;
4.
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