Order of the Ministry of Culture and Tourism of the People's Republic of China
No. 9
The "Decision of the Ministry of Culture and Tourism on Amending the "Implementation Rules for the Regulations on the Administration of Commercial Performances", which was deliberated and adopted at the executive meeting of the Ministry of Culture and Tourism on April 27, 2022, is hereby promulgated and shall come into force on the date of promulgation.
Minister Hu Heping
May 13, 2022
Decision of the Ministry of Culture and Tourism on Amending the Detailed Rules for the Implementation of the Regulations on the Administration of Commercial Performances
The Ministry of Culture and Tourism has decided to make the following amendments to the Implementation Rules for the Regulations on the Administration of Commercial Performances:
1. The second paragraph of Article 7 "(3) The actor qualification certificate issued by the performance industry association" is deleted.
2. Amend Article 10 to read: "Performance brokerage institutions legally registered in the Mainland by investors from the Hong Kong Special Administrative Region and Macao Special Administrative Region, performance brokerage institutions legally registered in the Mainland by investors from Taiwan, and performance brokerage institutions legally registered by foreign investors in China. Performance brokerage agencies that apply to engage in commercial performance business activities shall apply the provisions of Article 8 of these Detailed Implementation Rules."
3. Amend Article 11 to read: "The operating units of performance venues legally registered in the Mainland by investors from the Hong Kong Special Administrative Region and the Macao Special Administrative Region, the operating entities of performance venues legally registered in the Mainland by investors from Taiwan, and the operating entities of performance venues legally registered in the Mainland by foreign investors in China. A legally registered performance venue business entity that applies to engage in performance venue business activities shall submit the following documents:
"(1) Application;
"(2) Business license;
"(3) Valid identity documents of the legal representative or the person in charge;
"(4) Other materials that should be submitted in accordance with Article 7 of the Regulations."
4. Amend Article 13 to read: “A theatrical and artistic performance group legally invested and established in the Mainland by investors from the Hong Kong Special Administrative Region and the Macao Special Administrative Region and controlled by the Mainland shall apply for engaging in commercial performance activities, except for submitting the provisions of Article 7 of these Implementing Rules. In addition to the materials provided, the investment information report receipt and other materials should also be submitted.”
5. Delete Articles 14 and 15.
6. One article is added as Article 35: "The state implements a system for the recognition of professional qualifications for performance brokers. The competent department of culture and tourism of the State Council shall supervise and manage the qualification recognition and professional activities of performance brokers across the country. and the competent tourism department to supervise and manage the business activities of performance brokers within their respective administrative regions.
"Performance brokerage agencies should arrange full-time performance brokers to be responsible for holding commercial performances."
7. Change Article 37 to Article 36 and amend it to read: "Performance industry associations shall carry out business activities in accordance with the articles of association, strengthen industry self-discipline, and safeguard the legitimate rights and interests of their members."
8. Change Article 44 to Article 43 and amend it to read: "In violation of the provisions of Article 17 of these Implementation Rules, the number of foreign-related performances approved by the cultural and tourism department of the provincial people's government is increased within the approved time period. If the performance site has not been filed with the cultural and tourism department of the provincial people's government where the performance is located, the county-level people's government culture and tourism department shall order it to make corrections, give a warning, and may also impose a fine of less than 30,000 yuan."
9. Amend "Ministry of Culture" to "Cultural and Tourism Competent Department of the State Council", "Provincial Cultural Competent Department" to "Provincial-level People's Government Culture and Tourism Competent Department" and "County-level Cultural Competent Department" to "County-level Cultural Competent Department" The competent cultural and tourism departments of the people's governments at different levels", "the competent cultural departments at all levels" were changed to "the competent cultural and tourism departments of the people's governments at all levels", and "the competent cultural departments" were changed to "the competent departments of culture and tourism", and the "cultural administrative law enforcement departments" "Organization" was changed to "Comprehensive Law Enforcement Agency for Cultural Market", and "Administrative Department for Industry and Commerce" was changed to "Market Supervision and Administration Department".
10. Change "Certificate" to "Business License", "Identity Certificate" to "Valid ID", "Performance Broker Qualification Certificate" to "Performance Broker Qualification Certificate", and "Safety Liability Insurance" to " Safety Production Liability Insurance” and “Cultural Market Administrative Law Enforcement Certificate” were changed to “Administrative Law Enforcement Certificate”.
In addition, the order of clauses and individual words are adjusted and revised accordingly.
This decision shall come into force on the date of promulgation.
The "Implementation Rules for the Regulations on the Administration of Commercial Performances" shall be revised accordingly and republished in accordance with this decision.
Detailed Rules for the Implementation of the Regulations on the Administration of Commercial Performances
(Promulgated by Order No. 47 of the Ministry of Culture on August 28, 2009. According to the first revision of the "Decision of the Ministry of Culture on Abolishing and Modifying Some Departmental Regulations" issued on December 15, 2017. According to the release on May 13, 2022 The second revision of the "Decision of the Ministry of Culture and Tourism on Amending the Implementation Rules of the Regulations on the Administration of Commercial Performances".)
Chapter 1 General Provisions
Article 1 These detailed implementation rules are formulated in accordance with the Regulations on the Administration of Commercial Performances (hereinafter referred to as the Regulations).
Article 2 Commercial performances as mentioned in the Regulations refer to on-site literary and artistic performances held for the public by the following means for the purpose of making profits:
(1) Selling tickets or accepting sponsorships;
(2) Paying remuneration to performing units or individuals;
(3) Advertising or product promotion using performances as a medium;
(4) Organizing performances by other profit-making means.
Article 3 The state protects the lawful rights and interests of commercial performance operators, performers and audiences in accordance with the law, and prohibits unfair competition in commercial performances.
Chapter II Business entities of commercial performances
Article 4 A literary and artistic performance group refers to a business unit that meets the conditions specified in Article 6 of the Regulations and engages in literary and artistic performance activities.
Article 5 A performance brokerage agency refers to a business unit that meets the conditions specified in Article 6 of the Regulations and engages in the following activities:
(1) Performance organization, production, marketing and other business activities;
(2) brokerage activities such as performance intermediary, agency, and brokerage;
(3) Actor signing, promotion, agency and other brokerage activities.
Article 6 A performance venue operating unit refers to an operating entity that meets the conditions specified in Article 7 of the Regulations and provides professional performance venues and services for performance activities.
Article 7 A legally registered literary and artistic performance group applying for engaging in commercial performance activities shall submit the following documents to the competent department of culture and tourism:
(1) an application;
(2) The business license and the type of art they are engaged in;
(3) Valid identity documents of the legal representative or the main person in charge;
(4) Proof of the actor's artistic performance ability;
(5) A written statement of the performance equipment suitable for the business.
The proof of the artist's artistic performance capability mentioned in Item 4 of the preceding paragraph may be one of the following documents:
(1) Graduation certificate of literary and artistic performance from a secondary school or above;
(2) Professional title certificate;
(3) Other valid certificates.
Article 8 A legally registered performance brokerage agency applying for engaging in commercial performance business activities shall submit the following documents to the competent department of culture and tourism:
(1) an application;
(2) business license;
(3) Valid identity documents of the legal representative or the main person in charge;
(4) Qualification certificate for performance brokers.
Where a legal person or other organization applies for the establishment of a performance brokerage agency to operate business, it shall submit the documents specified in Item 1 and Item 4 of the preceding paragraph.
Article 9 A legally registered performance venue business entity shall, within 20 days from the date of obtaining the business license, submit the business license and relevant fire protection and sanitation approval documents to the competent cultural and tourism department of the local county-level people's government for the record, and the county-level people's government The competent department of culture and tourism shall issue a record certificate. The format of the record certificate shall be designed by the competent department of culture and tourism of the State Council and printed by the competent department of culture and tourism of the provincial people's government.
Individual performers may hold valid personal identity documents and the artistic performance certificate specified in Paragraph 2 of Article 7 of these Implementing Rules, and individual performance brokers may hold valid personal identity documents and performance broker qualification certificates to report to the county where their household registration is located or their permanent residence. The competent department of culture and tourism of the people's government at the next level shall apply for the record, and the competent department of culture and tourism shall issue a certificate of record. The format of the record certificate shall be designed by the competent department of culture and tourism of the State Council and printed by the competent department of culture and tourism of the provincial people's government.
Article 10 Performance brokerage institutions legally registered in the Mainland by investors from the Hong Kong Special Administrative Region and Macao Special Administrative Region, performance brokerage institutions legally registered in the Mainland by investors from Taiwan, and performance brokerage institutions legally registered by foreign investors in China shall apply to engage in business For the business activities of sex performances, the provisions of Article 8 of these Implementation Rules shall apply.
Article 11 Business units of performance venues legally registered in the Mainland by investors from Hong Kong Special Administrative Region and Macao Special Administrative Region, business units of performance venues legally registered in the Mainland by investors from Taiwan, and business units of performance venues legally registered by foreign investors in China , to apply for engaging in the business activities of performance venues, the following documents shall be submitted:
(1) an application;
(2) business license;
(3) Valid identity documents of the legal representative or the main person in charge;
(4) Other materials that should be submitted in accordance with Article 7 of the Regulations.
Article 12 The performance brokerage agencies of the Hong Kong Special Administrative Region and the Macao Special Administrative Region may, upon approval, set up branches in the Mainland, but the branch does not have the status of an enterprise legal person.
Branches of performance brokerage agencies in the Hong Kong Special Administrative Region and Macao Special Administrative Region in the Mainland may legally engage in intermediary and agency activities for commercial performances, but may not engage in other performance business activities. Performance brokerage agencies in the Hong Kong Special Administrative Region and the Macao Special Administrative Region shall bear civil liability for the business activities of their branches.
The performance brokerage agencies of the Hong Kong Special Administrative Region and the Macao Special Administrative Region that establish a branch in the Mainland must designate a person in charge of the branch in the Mainland, and allocate funds to the branch commensurate with the business activities it is engaged in.
Article 13 A cultural and artistic performance group legally invested and established in the Mainland by investors from the Hong Kong Special Administrative Region and the Macao Special Administrative Region and controlled by the Mainland shall apply for engaging in commercial performance activities. Investment information report receipt and other materials.
Chapter 3 Performance Management
Article 14 To apply for holding a commercial performance, the application materials shall be submitted to the competent cultural and tourism department responsible for examination and approval 3 days before the performance date.
To apply for holding commercial performances involving foreign or Hong Kong, Macao and Taiwan, the application materials shall be submitted to the competent cultural and tourism department responsible for examination and approval 20 days before the performance date.
Article 15 To apply for holding commercial performances, one shall hold the commercial performance license or record-filing certificate, and submit documents in compliance with Article 16 of the "Regulations" to the competent department of culture and tourism.
To apply for holding a commercial performance with temporary stage or stand, the documents that meet the provisions of Article 20, Items 2 and 3 of the Regulations shall also be submitted.
For performances with approved temporary stage and stand, the performance organizer shall also submit documents that comply with the provisions of Article 20, Paragraph 1 of the Regulations to the competent cultural and tourism department of the people's government at the county level where the performance is located before the performance. If the specified conditions are met, the performance shall not be held.
For the purpose of Article 20 of the "Regulations", the commercial performances that temporarily build stages and stands refer to the commercial performances that comply with the "Regulations on the Safety Management of Large-scale Mass Activities".
The "certificate of qualification of performance venues" as mentioned in Article 20, item 1 of the "Regulations" refers to the materials that the performance organizer organizes the relevant contractor to carry out the completion acceptance inspection, and the acceptance certificate is issued.
Applications for holding commercial performances that require the participation of minors shall comply with relevant state regulations.
Article 16 To apply for holding commercial foreign-related or Hong Kong, Macao and Taiwan-related performances, in addition to the documents specified in Article 15 of these Implementation Rules, the following documents shall also be submitted:
(1) A photocopy of the actor's valid ID;
(2) Proof of experience in holding commercial performances for more than 2 years;
(3) There has been no written statement in violation of the "Regulations" in the past two years.
The competent cultural and tourism department shall review foreign-related or Hong Kong, Macao and Taiwan-related commercial performance projects, and if necessary, may organize experts to conduct demonstrations in accordance with the law.
Article 17 For commercial foreign-related performances approved by the competent department of culture and tourism of the provincial people's government, if additional performance venues are added within the approved time period, the organizer or the performance brokerage agency that cooperates with it and is qualified for foreign-related performances shall perform the performance on the date of the performance. 10 days ago, with the approval documents of the competent cultural and tourism department of the provincial people's government and the documents stipulated in Article 15 of these Implementation Rules, go to the cultural and tourism competent department of the provincial people's government for the record, and the cultural and tourism competent department of the provincial people's government. A case certificate should be produced.
Article 18 Artists from foreign countries or Hong Kong, Macao and Taiwan who have been approved to engage in teaching and research work in art schools and perform commercial performances shall entrust performance brokerage agencies to undertake them.
Article 19 Where business units of non-performance venues such as singing and dancing entertainment venues, tourist attractions, theme parks, amusement parks, hotels, restaurants, bars, and catering venues need to hold commercial performances in their venues, they shall entrust a performance brokerage agency to undertake them.
To hold a resident foreign-related performance in the above-mentioned venues, it shall be reported to the competent department of culture and tourism of the provincial people's government where the performance is located for approval.
Article 20 An application for holding a commercial performance involving actors from the Mainland, Hong Kong Special Administrative Region, Macao Special Administrative Region, Taiwan Region and foreign actors may be submitted to the cultural and tourism department of the provincial people's government where the performance is located for examination and approval. The specific measures shall be determined by the province It shall be formulated by the competent department of culture and tourism of the people's government at the same level.
Otherwise prescribed by the State shall prevail.
Article 21 Those who engage in the on-site recording of TV literary and artistic programs outside the studio and meet the conditions stipulated in Article 2 of these Detailed Implementation Rules shall go through the examination and approval procedures in accordance with the "Regulations" and the provisions of these Detailed Implementation Rules.
Article 22 To hold a fund-raising charity performance, the approval procedures shall be handled in accordance with the "Regulations" and the provisions of these Implementation Rules.
Performers participating in fund-raising charity performances shall not receive performance remuneration; performance organizers or actors shall donate performance income after deducting costs to social welfare undertakings, and shall not obtain profits from them.
Performance revenue refers to all revenue related to performance activities, such as ticket revenue, donations, sponsorship revenue, etc. The cost of performance refers to the cost of food, lodging, transportation, stage lighting, sound, costume props, venue, publicity and other expenses of the performers.
Within 10 days after the end of the fundraising charity performance, the performance organizer or the performers shall report the performance income and expenditure settlement to the examination and approval authority for the record.
To hold other public welfare performances in accordance with the methods described in Article 2 of these Implementation Rules, refer to the provisions of this Article.
Article 23 Business entities of commercial performances that hold commercial performances shall perform the following obligations:
(1) Going through the formalities for declaration of performances;
(2) Arranging the content of the performance program;
(3) Arrange the performance venue and be responsible for the performance site management;
(4) Determine the ticket price for the performance and be responsible for the settlement of income and expenditure of the performance;
(5) Pay or withhold relevant taxes and fees according to law;
(6) Accept the supervision and management of the competent department of culture and tourism;
(7) Other obligations that need to be undertaken in accordance with the law.
Article 24 For commercial foreign-related or Hong Kong, Macao and Taiwan-related performances, the organizer shall be responsible for uniformly handling the entry and exit formalities for foreign or Hong Kong, Macao and Taiwan cultural and artistic performance groups and individuals, and for touring performances, it shall also be responsible for its full contact and program arrangement.
Article 25 Tickets for commercial performances can only be sold after approval.
Article 26 Commercial performances shall not deceive the audience by means of lip-synching, fake performances, etc.
The lip-synching and fake performances mentioned in the preceding paragraph refer to the behavior of actors using pre-recorded songs and tunes instead of live singing and performances during the performance.
The performance organizer shall assign special personnel to supervise the singing and performance behavior, and make records for future reference. The content of the record includes the names of actors, bands, repertoires, and the basic information of the singing and performance process, which shall be signed and confirmed by the person in charge of the performance organizer and supervisors.
Article 27 When holding commercial performances, domestic performance equipment shall be given priority according to the requirements of stage design.
Article 28 To hold a commercial performance, the holding unit or individual may purchase work safety liability insurance for the performance.
Article 29 Encourage performance operators to cooperate in operation, establish performance theater chains, and share performance resources.
Article 30 The competent cultural and tourism departments of the people's governments at all levels shall announce to the public the examination and approval matters of commercial performances.
Article 31 The competent department of culture and tourism shall provide subsidies and support in accordance with relevant regulations for performances that reflect national characteristics and national standards.
Relevant departments of people's governments at or above the county level may, in accordance with the relevant provisions of the Regulations and financial management systems, encourage and support performances that reflect national characteristics and national standards.
Article 32 The competent department of culture and tourism or the comprehensive law enforcement agency of the cultural market shall present the administrative law enforcement certificate when inspecting the commercial performance site, and the performance organizer shall cooperate.
Article 33 The competent department of culture and tourism may adopt technical means to strengthen the supervision of commercial performances.
Article 34 The competent departments of culture and tourism of the people's governments at all levels shall establish a system for the registration and publication of basic information of performance business entities, a system for reporting performance information, and a system for the responsibility of performing market inspections, and strengthen the management and supervision of the performance market.
Article 35 The state implements a professional qualification recognition system for performance brokers. The competent department of culture and tourism of the State Council shall supervise and manage the qualifications and professional activities of performance brokers nationwide. The competent departments of culture and tourism of the people's governments at all levels shall supervise and manage the business activities of performance brokers within their respective administrative regions.
When a performance brokerage agency holds commercial performances, it shall assign full-time performance brokers to be responsible.
Article 36 Performance industry associations shall carry out business activities in accordance with the articles of association, strengthen industry self-discipline, and safeguard the legitimate rights and interests of its members.
Chapter IV Management of Performance Certificates
Article 37 The commercial performance licenses of literary and artistic performance groups and performance brokerage agencies include 1 original and 2 duplicates, and are valid for 2 years.
The commercial performance license is designed by the competent department of culture and tourism of the State Council, printed by the competent department of culture and tourism of the provincial people's government, and filled in and stamped by the issuing authority.
Article 38 When the competent department of culture and tourism revokes the commercial performance license of a literary and artistic performance group or performance brokerage agency, it shall notify the market supervision and administration department to change its business scope or revoke its business license.
The commercial performance licenses of literary and artistic performance groups and performance brokerage agencies shall not be confiscated or detained by any other unit or individual, except that the competent cultural and tourism department may temporarily withhold or revoke them in accordance with the law.
Article 39 The revocation or cancellation of the commercial performance license of a literary and artistic performance group shall be reported to the competent department of culture and tourism of the provincial people's government for the record. The revocation or cancellation of the commercial performance license of a performance brokerage agency shall be reported to the competent department of culture and tourism under the State Council for the record.
Article 40 If the competent department of culture and tourism imposes administrative penalties on literary and artistic performance groups and performance brokerage agencies, it shall record the penalty decision on the copy of the commercial performance license and affix the official seal of the penalty agency, and notify the issuing agency of the penalty decision. .
Chapter V Penalties
Article 41 In violation of the provisions of Article 15 of these Detailed Implementation Rules, a temporary structure is held without submitting the qualification certificate of the performance venue stipulated in Article 20 of the Regulations to the competent department of culture and tourism of the people's government at the county level where the performance is located before the performance. For commercial performances on stages and stands, the competent department of culture and tourism of the people's government at the county level shall impose penalties in accordance with the provisions of paragraph 1 of Article 44 of the Regulations.
Article 42 Whoever holds commercial foreign-related or Hong Kong, Macao and Taiwan-related performances, conceals records of violations of the Regulations in the past two years, and submits false written statements, shall be fined not more than 30,000 yuan by the competent cultural and tourism department in charge of examination and approval.
Article 43 In violation of the provisions of Article 17 of these Detailed Implementation Rules, foreign-related performances approved by the cultural and tourism department of the provincial people's government will be added to the performance venue within the approved time period, and the cultural and tourism director of the provincial people's government where the performance is located has not yet arrived. If it is filed by the department, the competent department of culture and tourism of the people's government at the county level shall order it to make corrections, issue a warning, and may concurrently impose a fine of not more than 30,000 yuan.
Article 44 If, in violation of the provisions of Article 18 of these Implementing Rules, foreign or Hong Kong, Macao and Taiwan artistic personnel who have been approved to engage in teaching and research work in art colleges and universities engage in commercial performances without authorization, the competent cultural and tourism department of the people's government at the county level shall Penalties shall be imposed in accordance with Article 43 of the Regulations.
Article 45 Violating the provisions of Article 19 of these Implementing Rules, if a non-performance venue business unit organizes performances without authorization, the competent department of culture and tourism of the people's government at the county level shall impose penalties in accordance with Article 43 of the "Regulations".
Article 46 Where a non-performance venue business unit provides venues for unapproved commercial performances, the competent department of culture and tourism of the people's government at the county level shall transfer it to the relevant departments for handling.
Article 47 Violating the provisions of Article 21 of these Implementing Rules and engaging in the on-site recording of TV literary and artistic programs that meet the conditions specified in Article 2 of these Implementing Rules outside the studio, without going through the examination and approval procedures, the county-level people's government cultural and the competent tourism authorities shall impose penalties in accordance with Article 43 of the Regulations.
Article 48 Anyone who, in violation of the provisions of Article 22 of these Implementing Rules, organizes fund-raising charity performances or other public welfare performances without authorization, shall be punished by the competent cultural and tourism department of the people's government at or above the county level in accordance with Article 43 of the Regulations .
Article 49 Violating the provisions of Articles 23 and 24 of these Detailed Implementation Rules, failing to perform due obligations in performance business activities, resell or transfer the right to operate performance activities, the cultural and tourism The competent department shall impose penalties in accordance with Article 45 of the Regulations.
Article 50 Whoever sells performance tickets without approval in violation of the provisions of Article 25 of these Implementation Rules shall be ordered to stop the illegal activities by the competent department of culture and tourism of the people's government at the county level, and a fine of less than 30,000 yuan shall be imposed.
Article 51 If a performance organizer violates the provisions of Article 26 of these Implementation Rules and has no record of live singing and performance, the cultural and tourism department of the people's government at the county level shall impose a fine of not more than 3,000 yuan.
Those who deceive the audience by means such as fake performances shall be punished by the competent department of culture and tourism of the people's government at the county level in accordance with the provisions of Article 47 of the "Regulations".
Article 52 The competent cultural and tourism department of the people's government at or above the county level or the comprehensive law enforcement agency of the cultural market inspects the commercial performance site, and the performance organizer refuses to accept the inspection, and the competent cultural and tourism department of the people's government at or above the county level or the cultural market The comprehensive law enforcement agency imposes a fine of not more than 30,000 yuan.
Article 53 The competent department of culture and tourism of the people's government at a higher level may, when necessary, investigate and handle the cases investigated and handled by the competent department of culture and tourism of the people's government at a lower level in accordance with the "Regulations" and these detailed implementation rules.
If the competent department of culture and tourism of the people's government at a lower level considers the case to be serious and complicated, it may request to transfer it to the competent department of culture and tourism of the people's government at a higher level for investigation and handling.
Chapter VI Supplementary Provisions
Article 54 These detailed implementation rules shall be interpreted by the competent department of culture and tourism under the State Council.
Article 55 These Implementing Rules shall come into force on October 1, 2009, and the Implementing Rules for the Regulations on the Administration of Commercial Performances promulgated on August 30, 2005 shall be abolished at the same time.
No. 9
The "Decision of the Ministry of Culture and Tourism on Amending the "Implementation Rules for the Regulations on the Administration of Commercial Performances", which was deliberated and adopted at the executive meeting of the Ministry of Culture and Tourism on April 27, 2022, is hereby promulgated and shall come into force on the date of promulgation.
Minister Hu Heping
May 13, 2022
Decision of the Ministry of Culture and Tourism on Amending the Detailed Rules for the Implementation of the Regulations on the Administration of Commercial Performances
The Ministry of Culture and Tourism has decided to make the following amendments to the Implementation Rules for the Regulations on the Administration of Commercial Performances:
1. The second paragraph of Article 7 "(3) The actor qualification certificate issued by the performance industry association" is deleted.
2. Amend Article 10 to read: "Performance brokerage institutions legally registered in the Mainland by investors from the Hong Kong Special Administrative Region and Macao Special Administrative Region, performance brokerage institutions legally registered in the Mainland by investors from Taiwan, and performance brokerage institutions legally registered by foreign investors in China. Performance brokerage agencies that apply to engage in commercial performance business activities shall apply the provisions of Article 8 of these Detailed Implementation Rules."
3. Amend Article 11 to read: "The operating units of performance venues legally registered in the Mainland by investors from the Hong Kong Special Administrative Region and the Macao Special Administrative Region, the operating entities of performance venues legally registered in the Mainland by investors from Taiwan, and the operating entities of performance venues legally registered in the Mainland by foreign investors in China. A legally registered performance venue business entity that applies to engage in performance venue business activities shall submit the following documents:
"(1) Application;
"(2) Business license;
"(3) Valid identity documents of the legal representative or the person in charge;
"(4) Other materials that should be submitted in accordance with Article 7 of the Regulations."
4. Amend Article 13 to read: “A theatrical and artistic performance group legally invested and established in the Mainland by investors from the Hong Kong Special Administrative Region and the Macao Special Administrative Region and controlled by the Mainland shall apply for engaging in commercial performance activities, except for submitting the provisions of Article 7 of these Implementing Rules. In addition to the materials provided, the investment information report receipt and other materials should also be submitted.”
5. Delete Articles 14 and 15.
6. One article is added as Article 35: "The state implements a system for the recognition of professional qualifications for performance brokers. The competent department of culture and tourism of the State Council shall supervise and manage the qualification recognition and professional activities of performance brokers across the country. and the competent tourism department to supervise and manage the business activities of performance brokers within their respective administrative regions.
"Performance brokerage agencies should arrange full-time performance brokers to be responsible for holding commercial performances."
7. Change Article 37 to Article 36 and amend it to read: "Performance industry associations shall carry out business activities in accordance with the articles of association, strengthen industry self-discipline, and safeguard the legitimate rights and interests of their members."
8. Change Article 44 to Article 43 and amend it to read: "In violation of the provisions of Article 17 of these Implementation Rules, the number of foreign-related performances approved by the cultural and tourism department of the provincial people's government is increased within the approved time period. If the performance site has not been filed with the cultural and tourism department of the provincial people's government where the performance is located, the county-level people's government culture and tourism department shall order it to make corrections, give a warning, and may also impose a fine of less than 30,000 yuan."
9. Amend "Ministry of Culture" to "Cultural and Tourism Competent Department of the State Council", "Provincial Cultural Competent Department" to "Provincial-level People's Government Culture and Tourism Competent Department" and "County-level Cultural Competent Department" to "County-level Cultural Competent Department" The competent cultural and tourism departments of the people's governments at different levels", "the competent cultural departments at all levels" were changed to "the competent cultural and tourism departments of the people's governments at all levels", and "the competent cultural departments" were changed to "the competent departments of culture and tourism", and the "cultural administrative law enforcement departments" "Organization" was changed to "Comprehensive Law Enforcement Agency for Cultural Market", and "Administrative Department for Industry and Commerce" was changed to "Market Supervision and Administration Department".
10. Change "Certificate" to "Business License", "Identity Certificate" to "Valid ID", "Performance Broker Qualification Certificate" to "Performance Broker Qualification Certificate", and "Safety Liability Insurance" to " Safety Production Liability Insurance” and “Cultural Market Administrative Law Enforcement Certificate” were changed to “Administrative Law Enforcement Certificate”.
In addition, the order of clauses and individual words are adjusted and revised accordingly.
This decision shall come into force on the date of promulgation.
The "Implementation Rules for the Regulations on the Administration of Commercial Performances" shall be revised accordingly and republished in accordance with this decision.
Detailed Rules for the Implementation of the Regulations on the Administration of Commercial Performances
(Promulgated by Order No. 47 of the Ministry of Culture on August 28, 2009. According to the first revision of the "Decision of the Ministry of Culture on Abolishing and Modifying Some Departmental Regulations" issued on December 15, 2017. According to the release on May 13, 2022 The second revision of the "Decision of the Ministry of Culture and Tourism on Amending the Implementation Rules of the Regulations on the Administration of Commercial Performances".)
Chapter 1 General Provisions
Article 1 These detailed implementation rules are formulated in accordance with the Regulations on the Administration of Commercial Performances (hereinafter referred to as the Regulations).
Article 2 Commercial performances as mentioned in the Regulations refer to on-site literary and artistic performances held for the public by the following means for the purpose of making profits:
(1) Selling tickets or accepting sponsorships;
(2) Paying remuneration to performing units or individuals;
(3) Advertising or product promotion using performances as a medium;
(4) Organizing performances by other profit-making means.
Article 3 The state protects the lawful rights and interests of commercial performance operators, performers and audiences in accordance with the law, and prohibits unfair competition in commercial performances.
Chapter II Business entities of commercial performances
Article 4 A literary and artistic performance group refers to a business unit that meets the conditions specified in Article 6 of the Regulations and engages in literary and artistic performance activities.
Article 5 A performance brokerage agency refers to a business unit that meets the conditions specified in Article 6 of the Regulations and engages in the following activities:
(1) Performance organization, production, marketing and other business activities;
(2) brokerage activities such as performance intermediary, agency, and brokerage;
(3) Actor signing, promotion, agency and other brokerage activities.
Article 6 A performance venue operating unit refers to an operating entity that meets the conditions specified in Article 7 of the Regulations and provides professional performance venues and services for performance activities.
Article 7 A legally registered literary and artistic performance group applying for engaging in commercial performance activities shall submit the following documents to the competent department of culture and tourism:
(1) an application;
(2) The business license and the type of art they are engaged in;
(3) Valid identity documents of the legal representative or the main person in charge;
(4) Proof of the actor's artistic performance ability;
(5) A written statement of the performance equipment suitable for the business.
The proof of the artist's artistic performance capability mentioned in Item 4 of the preceding paragraph may be one of the following documents:
(1) Graduation certificate of literary and artistic performance from a secondary school or above;
(2) Professional title certificate;
(3) Other valid certificates.
Article 8 A legally registered performance brokerage agency applying for engaging in commercial performance business activities shall submit the following documents to the competent department of culture and tourism:
(1) an application;
(2) business license;
(3) Valid identity documents of the legal representative or the main person in charge;
(4) Qualification certificate for performance brokers.
Where a legal person or other organization applies for the establishment of a performance brokerage agency to operate business, it shall submit the documents specified in Item 1 and Item 4 of the preceding paragraph.
Article 9 A legally registered performance venue business entity shall, within 20 days from the date of obtaining the business license, submit the business license and relevant fire protection and sanitation approval documents to the competent cultural and tourism department of the local county-level people's government for the record, and the county-level people's government The competent department of culture and tourism shall issue a record certificate. The format of the record certificate shall be designed by the competent department of culture and tourism of the State Council and printed by the competent department of culture and tourism of the provincial people's government.
Individual performers may hold valid personal identity documents and the artistic performance certificate specified in Paragraph 2 of Article 7 of these Implementing Rules, and individual performance brokers may hold valid personal identity documents and performance broker qualification certificates to report to the county where their household registration is located or their permanent residence. The competent department of culture and tourism of the people's government at the next level shall apply for the record, and the competent department of culture and tourism shall issue a certificate of record. The format of the record certificate shall be designed by the competent department of culture and tourism of the State Council and printed by the competent department of culture and tourism of the provincial people's government.
Article 10 Performance brokerage institutions legally registered in the Mainland by investors from the Hong Kong Special Administrative Region and Macao Special Administrative Region, performance brokerage institutions legally registered in the Mainland by investors from Taiwan, and performance brokerage institutions legally registered by foreign investors in China shall apply to engage in business For the business activities of sex performances, the provisions of Article 8 of these Implementation Rules shall apply.
Article 11 Business units of performance venues legally registered in the Mainland by investors from Hong Kong Special Administrative Region and Macao Special Administrative Region, business units of performance venues legally registered in the Mainland by investors from Taiwan, and business units of performance venues legally registered by foreign investors in China , to apply for engaging in the business activities of performance venues, the following documents shall be submitted:
(1) an application;
(2) business license;
(3) Valid identity documents of the legal representative or the main person in charge;
(4) Other materials that should be submitted in accordance with Article 7 of the Regulations.
Article 12 The performance brokerage agencies of the Hong Kong Special Administrative Region and the Macao Special Administrative Region may, upon approval, set up branches in the Mainland, but the branch does not have the status of an enterprise legal person.
Branches of performance brokerage agencies in the Hong Kong Special Administrative Region and Macao Special Administrative Region in the Mainland may legally engage in intermediary and agency activities for commercial performances, but may not engage in other performance business activities. Performance brokerage agencies in the Hong Kong Special Administrative Region and the Macao Special Administrative Region shall bear civil liability for the business activities of their branches.
The performance brokerage agencies of the Hong Kong Special Administrative Region and the Macao Special Administrative Region that establish a branch in the Mainland must designate a person in charge of the branch in the Mainland, and allocate funds to the branch commensurate with the business activities it is engaged in.
Article 13 A cultural and artistic performance group legally invested and established in the Mainland by investors from the Hong Kong Special Administrative Region and the Macao Special Administrative Region and controlled by the Mainland shall apply for engaging in commercial performance activities. Investment information report receipt and other materials.
Chapter 3 Performance Management
Article 14 To apply for holding a commercial performance, the application materials shall be submitted to the competent cultural and tourism department responsible for examination and approval 3 days before the performance date.
To apply for holding commercial performances involving foreign or Hong Kong, Macao and Taiwan, the application materials shall be submitted to the competent cultural and tourism department responsible for examination and approval 20 days before the performance date.
Article 15 To apply for holding commercial performances, one shall hold the commercial performance license or record-filing certificate, and submit documents in compliance with Article 16 of the "Regulations" to the competent department of culture and tourism.
To apply for holding a commercial performance with temporary stage or stand, the documents that meet the provisions of Article 20, Items 2 and 3 of the Regulations shall also be submitted.
For performances with approved temporary stage and stand, the performance organizer shall also submit documents that comply with the provisions of Article 20, Paragraph 1 of the Regulations to the competent cultural and tourism department of the people's government at the county level where the performance is located before the performance. If the specified conditions are met, the performance shall not be held.
For the purpose of Article 20 of the "Regulations", the commercial performances that temporarily build stages and stands refer to the commercial performances that comply with the "Regulations on the Safety Management of Large-scale Mass Activities".
The "certificate of qualification of performance venues" as mentioned in Article 20, item 1 of the "Regulations" refers to the materials that the performance organizer organizes the relevant contractor to carry out the completion acceptance inspection, and the acceptance certificate is issued.
Applications for holding commercial performances that require the participation of minors shall comply with relevant state regulations.
Article 16 To apply for holding commercial foreign-related or Hong Kong, Macao and Taiwan-related performances, in addition to the documents specified in Article 15 of these Implementation Rules, the following documents shall also be submitted:
(1) A photocopy of the actor's valid ID;
(2) Proof of experience in holding commercial performances for more than 2 years;
(3) There has been no written statement in violation of the "Regulations" in the past two years.
The competent cultural and tourism department shall review foreign-related or Hong Kong, Macao and Taiwan-related commercial performance projects, and if necessary, may organize experts to conduct demonstrations in accordance with the law.
Article 17 For commercial foreign-related performances approved by the competent department of culture and tourism of the provincial people's government, if additional performance venues are added within the approved time period, the organizer or the performance brokerage agency that cooperates with it and is qualified for foreign-related performances shall perform the performance on the date of the performance. 10 days ago, with the approval documents of the competent cultural and tourism department of the provincial people's government and the documents stipulated in Article 15 of these Implementation Rules, go to the cultural and tourism competent department of the provincial people's government for the record, and the cultural and tourism competent department of the provincial people's government. A case certificate should be produced.
Article 18 Artists from foreign countries or Hong Kong, Macao and Taiwan who have been approved to engage in teaching and research work in art schools and perform commercial performances shall entrust performance brokerage agencies to undertake them.
Article 19 Where business units of non-performance venues such as singing and dancing entertainment venues, tourist attractions, theme parks, amusement parks, hotels, restaurants, bars, and catering venues need to hold commercial performances in their venues, they shall entrust a performance brokerage agency to undertake them.
To hold a resident foreign-related performance in the above-mentioned venues, it shall be reported to the competent department of culture and tourism of the provincial people's government where the performance is located for approval.
Article 20 An application for holding a commercial performance involving actors from the Mainland, Hong Kong Special Administrative Region, Macao Special Administrative Region, Taiwan Region and foreign actors may be submitted to the cultural and tourism department of the provincial people's government where the performance is located for examination and approval. The specific measures shall be determined by the province It shall be formulated by the competent department of culture and tourism of the people's government at the same level.
Otherwise prescribed by the State shall prevail.
Article 21 Those who engage in the on-site recording of TV literary and artistic programs outside the studio and meet the conditions stipulated in Article 2 of these Detailed Implementation Rules shall go through the examination and approval procedures in accordance with the "Regulations" and the provisions of these Detailed Implementation Rules.
Article 22 To hold a fund-raising charity performance, the approval procedures shall be handled in accordance with the "Regulations" and the provisions of these Implementation Rules.
Performers participating in fund-raising charity performances shall not receive performance remuneration; performance organizers or actors shall donate performance income after deducting costs to social welfare undertakings, and shall not obtain profits from them.
Performance revenue refers to all revenue related to performance activities, such as ticket revenue, donations, sponsorship revenue, etc. The cost of performance refers to the cost of food, lodging, transportation, stage lighting, sound, costume props, venue, publicity and other expenses of the performers.
Within 10 days after the end of the fundraising charity performance, the performance organizer or the performers shall report the performance income and expenditure settlement to the examination and approval authority for the record.
To hold other public welfare performances in accordance with the methods described in Article 2 of these Implementation Rules, refer to the provisions of this Article.
Article 23 Business entities of commercial performances that hold commercial performances shall perform the following obligations:
(1) Going through the formalities for declaration of performances;
(2) Arranging the content of the performance program;
(3) Arrange the performance venue and be responsible for the performance site management;
(4) Determine the ticket price for the performance and be responsible for the settlement of income and expenditure of the performance;
(5) Pay or withhold relevant taxes and fees according to law;
(6) Accept the supervision and management of the competent department of culture and tourism;
(7) Other obligations that need to be undertaken in accordance with the law.
Article 24 For commercial foreign-related or Hong Kong, Macao and Taiwan-related performances, the organizer shall be responsible for uniformly handling the entry and exit formalities for foreign or Hong Kong, Macao and Taiwan cultural and artistic performance groups and individuals, and for touring performances, it shall also be responsible for its full contact and program arrangement.
Article 25 Tickets for commercial performances can only be sold after approval.
Article 26 Commercial performances shall not deceive the audience by means of lip-synching, fake performances, etc.
The lip-synching and fake performances mentioned in the preceding paragraph refer to the behavior of actors using pre-recorded songs and tunes instead of live singing and performances during the performance.
The performance organizer shall assign special personnel to supervise the singing and performance behavior, and make records for future reference. The content of the record includes the names of actors, bands, repertoires, and the basic information of the singing and performance process, which shall be signed and confirmed by the person in charge of the performance organizer and supervisors.
Article 27 When holding commercial performances, domestic performance equipment shall be given priority according to the requirements of stage design.
Article 28 To hold a commercial performance, the holding unit or individual may purchase work safety liability insurance for the performance.
Article 29 Encourage performance operators to cooperate in operation, establish performance theater chains, and share performance resources.
Article 30 The competent cultural and tourism departments of the people's governments at all levels shall announce to the public the examination and approval matters of commercial performances.
Article 31 The competent department of culture and tourism shall provide subsidies and support in accordance with relevant regulations for performances that reflect national characteristics and national standards.
Relevant departments of people's governments at or above the county level may, in accordance with the relevant provisions of the Regulations and financial management systems, encourage and support performances that reflect national characteristics and national standards.
Article 32 The competent department of culture and tourism or the comprehensive law enforcement agency of the cultural market shall present the administrative law enforcement certificate when inspecting the commercial performance site, and the performance organizer shall cooperate.
Article 33 The competent department of culture and tourism may adopt technical means to strengthen the supervision of commercial performances.
Article 34 The competent departments of culture and tourism of the people's governments at all levels shall establish a system for the registration and publication of basic information of performance business entities, a system for reporting performance information, and a system for the responsibility of performing market inspections, and strengthen the management and supervision of the performance market.
Article 35 The state implements a professional qualification recognition system for performance brokers. The competent department of culture and tourism of the State Council shall supervise and manage the qualifications and professional activities of performance brokers nationwide. The competent departments of culture and tourism of the people's governments at all levels shall supervise and manage the business activities of performance brokers within their respective administrative regions.
When a performance brokerage agency holds commercial performances, it shall assign full-time performance brokers to be responsible.
Article 36 Performance industry associations shall carry out business activities in accordance with the articles of association, strengthen industry self-discipline, and safeguard the legitimate rights and interests of its members.
Chapter IV Management of Performance Certificates
Article 37 The commercial performance licenses of literary and artistic performance groups and performance brokerage agencies include 1 original and 2 duplicates, and are valid for 2 years.
The commercial performance license is designed by the competent department of culture and tourism of the State Council, printed by the competent department of culture and tourism of the provincial people's government, and filled in and stamped by the issuing authority.
Article 38 When the competent department of culture and tourism revokes the commercial performance license of a literary and artistic performance group or performance brokerage agency, it shall notify the market supervision and administration department to change its business scope or revoke its business license.
The commercial performance licenses of literary and artistic performance groups and performance brokerage agencies shall not be confiscated or detained by any other unit or individual, except that the competent cultural and tourism department may temporarily withhold or revoke them in accordance with the law.
Article 39 The revocation or cancellation of the commercial performance license of a literary and artistic performance group shall be reported to the competent department of culture and tourism of the provincial people's government for the record. The revocation or cancellation of the commercial performance license of a performance brokerage agency shall be reported to the competent department of culture and tourism under the State Council for the record.
Article 40 If the competent department of culture and tourism imposes administrative penalties on literary and artistic performance groups and performance brokerage agencies, it shall record the penalty decision on the copy of the commercial performance license and affix the official seal of the penalty agency, and notify the issuing agency of the penalty decision. .
Chapter V Penalties
Article 41 In violation of the provisions of Article 15 of these Detailed Implementation Rules, a temporary structure is held without submitting the qualification certificate of the performance venue stipulated in Article 20 of the Regulations to the competent department of culture and tourism of the people's government at the county level where the performance is located before the performance. For commercial performances on stages and stands, the competent department of culture and tourism of the people's government at the county level shall impose penalties in accordance with the provisions of paragraph 1 of Article 44 of the Regulations.
Article 42 Whoever holds commercial foreign-related or Hong Kong, Macao and Taiwan-related performances, conceals records of violations of the Regulations in the past two years, and submits false written statements, shall be fined not more than 30,000 yuan by the competent cultural and tourism department in charge of examination and approval.
Article 43 In violation of the provisions of Article 17 of these Detailed Implementation Rules, foreign-related performances approved by the cultural and tourism department of the provincial people's government will be added to the performance venue within the approved time period, and the cultural and tourism director of the provincial people's government where the performance is located has not yet arrived. If it is filed by the department, the competent department of culture and tourism of the people's government at the county level shall order it to make corrections, issue a warning, and may concurrently impose a fine of not more than 30,000 yuan.
Article 44 If, in violation of the provisions of Article 18 of these Implementing Rules, foreign or Hong Kong, Macao and Taiwan artistic personnel who have been approved to engage in teaching and research work in art colleges and universities engage in commercial performances without authorization, the competent cultural and tourism department of the people's government at the county level shall Penalties shall be imposed in accordance with Article 43 of the Regulations.
Article 45 Violating the provisions of Article 19 of these Implementing Rules, if a non-performance venue business unit organizes performances without authorization, the competent department of culture and tourism of the people's government at the county level shall impose penalties in accordance with Article 43 of the "Regulations".
Article 46 Where a non-performance venue business unit provides venues for unapproved commercial performances, the competent department of culture and tourism of the people's government at the county level shall transfer it to the relevant departments for handling.
Article 47 Violating the provisions of Article 21 of these Implementing Rules and engaging in the on-site recording of TV literary and artistic programs that meet the conditions specified in Article 2 of these Implementing Rules outside the studio, without going through the examination and approval procedures, the county-level people's government cultural and the competent tourism authorities shall impose penalties in accordance with Article 43 of the Regulations.
Article 48 Anyone who, in violation of the provisions of Article 22 of these Implementing Rules, organizes fund-raising charity performances or other public welfare performances without authorization, shall be punished by the competent cultural and tourism department of the people's government at or above the county level in accordance with Article 43 of the Regulations .
Article 49 Violating the provisions of Articles 23 and 24 of these Detailed Implementation Rules, failing to perform due obligations in performance business activities, resell or transfer the right to operate performance activities, the cultural and tourism The competent department shall impose penalties in accordance with Article 45 of the Regulations.
Article 50 Whoever sells performance tickets without approval in violation of the provisions of Article 25 of these Implementation Rules shall be ordered to stop the illegal activities by the competent department of culture and tourism of the people's government at the county level, and a fine of less than 30,000 yuan shall be imposed.
Article 51 If a performance organizer violates the provisions of Article 26 of these Implementation Rules and has no record of live singing and performance, the cultural and tourism department of the people's government at the county level shall impose a fine of not more than 3,000 yuan.
Those who deceive the audience by means such as fake performances shall be punished by the competent department of culture and tourism of the people's government at the county level in accordance with the provisions of Article 47 of the "Regulations".
Article 52 The competent cultural and tourism department of the people's government at or above the county level or the comprehensive law enforcement agency of the cultural market inspects the commercial performance site, and the performance organizer refuses to accept the inspection, and the competent cultural and tourism department of the people's government at or above the county level or the cultural market The comprehensive law enforcement agency imposes a fine of not more than 30,000 yuan.
Article 53 The competent department of culture and tourism of the people's government at a higher level may, when necessary, investigate and handle the cases investigated and handled by the competent department of culture and tourism of the people's government at a lower level in accordance with the "Regulations" and these detailed implementation rules.
If the competent department of culture and tourism of the people's government at a lower level considers the case to be serious and complicated, it may request to transfer it to the competent department of culture and tourism of the people's government at a higher level for investigation and handling.
Chapter VI Supplementary Provisions
Article 54 These detailed implementation rules shall be interpreted by the competent department of culture and tourism under the State Council.
Article 55 These Implementing Rules shall come into force on October 1, 2009, and the Implementing Rules for the Regulations on the Administration of Commercial Performances promulgated on August 30, 2005 shall be abolished at the same time.
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