Administrative Regulations on Commercial Performances (Revised in 2020)
Administrative Regulations on Commercial Performances (Revised in 2020)
Administrative Regulations on Commercial Performances (Revised in 2020)
Order of the State Council of the People's Republic of China No.732
November 29, 2020
(Promulgated by the Order of the State Council of the People's Republic of China No.439 on July 7, 2005; revised for the first time 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 according to the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016; and revised for the fourth time according to the Decision of the State Council on Revising and Repealing Certain Administrative Regulations on November 29, 2020)
Chapter I General Provisions
Article 1 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 troupes 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 culture administrative department 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 for 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 performance venue operating entity, 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 performance venue operating entity 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 8 Where an artistic performance troupe intends to change its name, domicile, legal representative or main principals or business items of commercial performances, it shall apply to the original license issuing agency for changing its commercial performance license and go through the alteration formalities in the industrial and commercial administration department by law.
Where a performance venue operating entity intends to change its name, domicile, legal representative or major principals, it shall go through alteration formalities in the industrial and commercial administration department and re-filing formalities in the original filing agency.
Article 9 The self-employed performers engaged in commercial performances (hereafter referred as the self-employed performers) and self-employed performance brokers engaged in activities including intermediary and agency for commercial performances (hereafter referred as the self-employed performance brokers), shall go through registration formalities in the industrial and commercial administration department and obtain business license according to law.
A self-employed performer or self-employed performance broker shall, within 20 days upon his/her obtaining of business license, report to the competent department of culture under the people's government at county level at the place where he/she registers for file.
Article 10 Foreign investors may establish performance brokerage agencies and performance venue operating entities within the territory of China in accordance with the law, but shall not establish artistic performance troupes.
A foreign-invested performance brokerage agency applying to engage in commercial performance operation activities, or a foreign-invested performance venue operating entity applying to engage in performance venue operation activities, shall submit an application to the competent department of culture under the State Council. The competent department of culture under the State Council shall make a decision within 20 days from the date of receiving the application. If the application is approved, a commercial performance permit shall be issued; if the application is rejected, the applicant shall be notified in writing with the reasons stated.
Article 11 Investors from the Hong Kong Special Administrative Region (HKSAR)and the Macao Special Administrative Region (MSAR) may invest in establishing performance brokerage agencies, performance venue operating entities, as well as artistic performance troupes controlled by the mainland party in the Mainland; performance brokerage agencies from the HKSAR and the MSAR may establish branch offices in the Mainland.
Investors from the Taiwan region may invest in establishing performance brokerage agencies and performance venue operating entities in the Mainland, but shall not establish artistic performance troupes.
A performance brokerage agency or artistic performance troupe established under this Article applying to engage in commercial performance operation activities, or a performance venue operating entity established under this Article applying to engage in performance venue operation activities, shall submit an application to the competent department of culture under the people's government of the province, autonomous region, or municipality directly under the Central Government. The competent department of culture under 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 date of receiving the application. If the application is approved, a commercial performance permit shall be issued; if the application is rejected, the applicant shall be notified in writing with the reasons stated.
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 troupes 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 agency, but a performance venue operating entity may hold cooperative commercial performances at its own places.
A performance brokerage agency 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 organizing 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.
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Order of the State Council of the People's Republic of China No.732
November 29, 2020
(Promulgated by the Order of the State Council of the People's Republic of China No.439 on July 7, 2005; revised for the first time 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 according to the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016; and revised for the fourth time according to the Decision of the State Council on Revising and Repealing Certain Administrative Regulations on November 29, 2020)
Chapter I General Provisions
Article 1 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 troupes 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 culture administrative department 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 for 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 performance venue operating entity, 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 performance venue operating entity 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 8 Where an artistic performance troupe intends to change its name, domicile, legal representative or main principals or business items of commercial performances, it shall apply to the original license issuing agency for changing its commercial performance license and go through the alteration formalities in the industrial and commercial administration department by law.
Where a performance venue operating entity intends to change its name, domicile, legal representative or major principals, it shall go through alteration formalities in the industrial and commercial administration department and re-filing formalities in the original filing agency.
Article 9 The self-employed performers engaged in commercial performances (hereafter referred as the self-employed performers) and self-employed performance brokers engaged in activities including intermediary and agency for commercial performances (hereafter referred as the self-employed performance brokers), shall go through registration formalities in the industrial and commercial administration department and obtain business license according to law.
A self-employed performer or self-employed performance broker shall, within 20 days upon his/her obtaining of business license, report to the competent department of culture under the people's government at county level at the place where he/she registers for file.
Article 10 Foreign investors may establish performance brokerage agencies and performance venue operating entities within the territory of China in accordance with the law, but shall not establish artistic performance troupes.
A foreign-invested performance brokerage agency applying to engage in commercial performance operation activities, or a foreign-invested performance venue operating entity applying to engage in performance venue operation activities, shall submit an application to the competent department of culture under the State Council. The competent department of culture under the State Council shall make a decision within 20 days from the date of receiving the application. If the application is approved, a commercial performance permit shall be issued; if the application is rejected, the applicant shall be notified in writing with the reasons stated.
Article 11 Investors from the Hong Kong Special Administrative Region (HKSAR)and the Macao Special Administrative Region (MSAR) may invest in establishing performance brokerage agencies, performance venue operating entities, as well as artistic performance troupes controlled by the mainland party in the Mainland; performance brokerage agencies from the HKSAR and the MSAR may establish branch offices in the Mainland.
Investors from the Taiwan region may invest in establishing performance brokerage agencies and performance venue operating entities in the Mainland, but shall not establish artistic performance troupes.
A performance brokerage agency or artistic performance troupe established under this Article applying to engage in commercial performance operation activities, or a performance venue operating entity established under this Article applying to engage in performance venue operation activities, shall submit an application to the competent department of culture under the people's government of the province, autonomous region, or municipality directly under the Central Government. The competent department of culture under 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 date of receiving the application. If the application is approved, a commercial performance permit shall be issued; if the application is rejected, the applicant shall be notified in writing with the reasons stated.
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 troupes 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 agency, but a performance venue operating entity may hold cooperative commercial performances at its own places.
A performance brokerage agency 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 organizing 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.
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