Regulations on the Administration of Commercial Performances
Regulations on the Administration of Commercial Performances
Regulations on the Administration of Commercial Performances
Order of the State Council No. 439
July 7, 2005
The Regulation on the Administration of Commercial Performances was adopted at the 84th executive meeting of the State Council on March 23, 2005. It is hereby promulgated and shall come into force as of September 1, 2005.
Premier Wen Jiabao
Regulation on the Administration of Commercial Performances
Chapter I General Provisions
Article 1 This Regulation is formulated with a view to strengthening the management of commercial performances, promoting the development of cultural industry, boosting the socialist art cause, catering to the cultural needs of the people and promoting the socialist spiritual civilization.
Article 2 The "commercial performances" as mentioned in this Regulation refer to the live art performances geared towards the general public for commercial purposes.
Article 3 The commercial performances shall adhere to the direction of serving the people and the socialism, give priority to the social benefits, harmonize the social and economic benefits and enrich the cultural life of the people.
Article 4 The state encourages the excellent programs that unify the cultural and artistic performance groups, creation of performers as well as the spirits and artistic quality of performances, reflect the good national cultural tradition and are popular among the 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 culture administrative department of the State Council shall be responsible for the supervision and management of the commercial performances throughout the country. The public security department and the industry and commerce administrative department of the State Council shall, according to their respective functions, be responsible for the supervision and management of the commercial performances.
The culture administrative departments 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 public security departments and the industry and commerce administrative departments 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 When 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.
When 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 When establishing a cultural and artistic performance group, the applicant shall file an application with the culture administrative department of the people's government at the county level. When establishing a performance brokerage institution, the applicant shall file an application with the culture administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government. The culture administrative department shall make a decision within 20 days after it accepts the application. If it approves the application, it shall grant the applicant a commercial performance license; if it disapproves the application, it shall notify the applicant in writing 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 industry and commerce administrative department to get a business license.
Article 8 When establishing a business entity of commercial performance place, the applicant shall go through the registration formalities in the industry and commerce administrative department, 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 after it obtains the business license, go through the archival filing formalities in the culture administrative department of the people's government at the county level of the place where it is located.
Article 9 Where a cultural and artistic performance group or performance brokerage institution intends to change its name, domicile, legal representative or major person-in-charge, or business items of commercial performances, it shall file an application with the original license issuing organ for changing its commercial performance license and go through the formalities for modifying the registration in the industry and commerce administrative department.
Where a business entity of commercial performance place intends to change its name, domicile, legal representative or major person-in-charge, it shall go through the formalities for modifying the registration in the industry and commerce administrative department 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 industry and commerce administrative department to get a business license.
A self-employed performer or self-employed performance broker shall, within 20 days after it obtains a business license, go through the archival filing formalities in the local culture administrative department of the people's government at the county level.
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 foreign investor may establish any Sino-foreign equity joint, Sino-foreign contractual or solely foreign-funded cultural and artistic performance group, or establish any solely foreign-funded performance brokerage institution or business entity of performance place.
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 decision-making 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 culture administrative department of the people's government of the relevant province, autonomous region or municipality directly under the Central Government, file an application to the culture administrative department of the State Council. The culture administrative department of the people's government of the relevant province, autonomous region or municipality directly under the Central Government shall, within 20 days after it receives the application, issue and submit its examination opinions to the culture administrative department of the State Council for examination and approval. The culture administrative department of the State Council shall make a decision within 20 days after it receives the examination opinions of the culture administrative department 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 grant the applicant a commercial performance license; if it disapproves the application, it shall notify the applicant in writing 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 decision-making power. No investor from Taiwan region may establish any equity joint, contractual or solely-funded cultural and artistic performance group, or solely-funded performance brokerage institution or business entity of performance place.
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