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Government Documents
Government Documents
UPDATED: February 21, 2010 NO. 8. FEBRUARY 25, 2010
Regulation on the Administration of Commercial Performances
Promulgated as the No.439 order of the State Council of the People's Republic of China on July 7, 2005 and amended according to the Decision of the State Council on Amending the Regulation on the Administration of Commercial Performances of July 22, 2008
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Article 16 Where the commercial performances participated by foreign artistic performance organizations and individuals are not held in a singing and dancing entertainment place, the host entity shall apply to the competent department of culture under the State Council; where such performances are held in a singing and dancing entertainment place, the host entity shall apply to the competent department of culture under the people's governments of provisions, autonomous regions or municipalities directly under the Central Government in the place where the commercial performances are held.

To hold commercial performances participated by artistic performance organizations and individuals from Hong Kong SAR and Macao SAR, the host entity shall apply to the competent department of culture under the people's governments of provinces, autonomous regions or municipalities directly under the Central Government in the place where the commercial performances are held. To hold commercial performances participated by artistic performance organizations and individuals from Taiwan, the host entity shall apply to the competent department of culture under the State Council as well as approval agencies designated by the relevant departments under the State Council.

The competent department of culture under the State Council or the competent departments of culture under people's government of provinces, autonomous regions or municipalities directly under the Central Government shall make decisions within 20 days upon accepting the applications. For those conforming to the provisions in Article 26 hereof, the said department shall issue approval documents; for those not conforming to the provisions in Article 26 hereof, the said department shall inform the applicants in writing and make explanations.

Article 17 The application materials for holding commercial performances shall include the following items:

(1) The names of the performance, the host entity and participating artistic performance organizations and actors;

(2) The date, place and total number of performances; and

(3) The programs and relevant visual and audio materials.

With regard to the application to hold cooperative commercial performances, written agreements to participate made by the artistic performance organizations and actors shall also be submitted.

Where it is necessary to alter any of the items listed in the application materials of the commercial performances, the applicant shall re-apply for approval according to Article 14 and Article 16 hereof.

Article 18 When providing a performance place, a business entity providing performance places shall verify the approval documents obtained by the hosting entity, and shall not provide performance place for unapproved commercial performances.

Article 19 A business entity providing performance places shall ensure that the buildings and facilities of the performance place conform to the national safety standards and fire protection safety norms, check the status of fire protection and safety facilities regularly and maintain and upgrade them in a timely manner.

A business entity providing performance places shall formulate a security plan and a fire-control and emergency-evacuation plan.

A host entity that intends to hold commercial performances in a performance place, shall verify the examination records of fire protection and safety facilities, the security plan as well as the fire-control and emergency-evacuation plan of the business entity providing performance place, and shall sign a safety responsibility agreement with the business entity providing performance places regarding the prevention and handling of emergent safety accidents during the performances.

Article 20 When holding commercial performances in pubic place, a host entity shall go through approval formalities in accordance with relevant laws, administrative regulations and government's provisions on safety and fire prevention, and shall formulate a security plan and a fire-control and emergency-evacuation plan. The performance place shall be equipped with emergency broadcasting and lighting devices and have conspicuous marks at the safety entries and exits to keep the safety entries and exits clear. If it is necessary to put up a temporary stage or stand, the hosting entity shall observe relevant national safety standards to ensure safety.

Article 21 When approving the commercial performances that need to put up a temporary stage or stand, the competent department of culture shall check the following documents of the host entity:

(1) The certification obtained after inspection according to law, to prove that the performance place meet relevant standards;

(2) The security plan and emergency evacuation plan; and

(3) The legitimately obtained safety and fire protection approval documents.

Article 22 The capacity of a performance place shall be subject to the approval of the public security department. The audience area and the buffer area shall be demarcated by the public security department and the buffer area shall have a conspicuous mark.

The host entity shall produce and sell tickets according to the number of audience approved and the audience area demarcated by the public security department.

When checking tickets, if the host entity finds that the number of audience who have entered the performance place has reached the approved number but there are still audience waiting to enter the performance place, it shall immediately stop checking tickets and report to the public security department at county level in the place where the performances are held. If it finds any audience hold tickets not for the audience area or false tickets, it shall refuse them to enter the performance place and report to the public security department at the county level in the place where the performances are held.

Article 23 No one shall carry any infectious disease pathogen, or explosive, flammable, radioactive, corrosive or other dangerous substances, or illegally carry any gun, ammunition or controlled tool into the commercial performance venue.

The business entity providing performance places shall, according to the requirements of the public security department, have security check facilities and conduct necessary security check over the audience entering the performance place. If any audience refuses the security check or has any of the said prohibited acts, the business entity providing performance places is entitled to refuse him or her from entering the performance place.

Article 24 The host entity of performances shall organize persons to take safety and fire prevention measures during the commercial performances and maintain order in the commercial performance venue.

If the host entity of performances and the business entity providing performance places find that the commercial performance venue is in disorder, they shall immediately take measures and simultaneously report to the public security department under the people's government at county level in the place where the performances are held.

Article 25 A host entity of performances shall not hold any commercial performances in the name of government or any governmental department.

Commercial performances shall not be titled with words such as "China (Zhongguo or Zhonghua)", "National (Quanguo)", "International" (Guoji), etc.

The advertisements of commercial performances shall be accurate and legitimate, and shall not mislead or cheat the general public.

Article 26 Commercial performances shall not:

(1) run against the basic principles determined by the Constitution;

(2) endanger national unity, sovereignty, territorial integrity or security, or hurt national honor or interests;

(3) stir up hatred or discrimination among ethnic groups, disrespect ethnic customs or practices, hurt amicable feelings or undermine the solidarity among ethnic groups, or violate religious policies;

(4) disrupt social order and harm social stability;

(5) harm social morality or the excellent national culture and tradition;

(6) advocate pornography, cult, superstition or violence;

(7) insult or defame others, and infringe upon others' legitimate rights and interests;

(8) use horrible or cruel performance methods or harm performers either physically or mentally;

(9) solicit audience with physical deformities or physical variation of the performers; or

(10) do anything prohibited by any law or administrative regulation.

Article 27 Where a business entity providing performance places or the host entity of performances finds that the commercial performances fall within any circumstances mentioned in Article 26 hereof, it shall immediately take measures to stop it and simultaneously report to the public security department and competent department of culture of the people's government at county level in the place where the performances are held.

Article 28 Where the artistic performance organizations, main performers or major programs of commercial performances are changed, the host entity shall timely inform the audience and make an explanation. The audience has the right to return their tickets.

During the course of performances, the host entity shall not suspend or terminate the performances, and actors shall not withdraw from the performances, except that the performances are unable to proceed due to any force majeure.

Article 29 No performer may cheat the audience by lip-synching. No host entity may organize performers to conduct lip-synching. No entity or individual may provide any conditions for lip-synching.

The host entity engaging in commercial performances shall assign special persons to supervise the performances so as to prevent lip-synching.

Article 30 A business entity engaging in commercial performances shall pay taxes for its incomes from commercial performances according to law.

A host entity of performances shall fulfill the tax withholding obligation according to law when it pays the performers and its staff remuneration for the performance.

Article 31 Income from charity performances shall be entirely given to the donee entity after deducting necessary costs. No host entity, artistic performance organization or performer participated or staff member may profit from charity performances.

Article 32 No entity or individual may counterfeit, alter, rent, lend, buy or sell any commercial performance license, approval document or business license. No entity or individual may counterfeit or alter any commercial performance tickets or speculate in counterfeited or altered commercial performance tickets.

Chapter IV Supervision and Administration

Article 33 People's governments and governmental departments at all levels shall not financially support or sponsor commercial performances or do so in any disguised form, or use public funds to purchase commercial performances tickets for personal consumption, except that competent departments of culture may subsidize, pursuant to the relevant government provisions, performances that reflect ethnic characteristics or represent top national level.

Article 34 Competent departments of culture shall enhance the supervision and administration of commercial performances.

For those commercial performances participated by artistic performance organizations and individuals from foreign countries, Hong Kong SAR, Macao SAR or Taiwan, and those where a temporary stage or stand needs to be put up, the competent department of culture under people's government at county level in the place where the performances are held shall conduct an on-site inspection. Sampling on-site inspection will be conducted for other commercial performances.

Article 35 The competent departments of culture under the people's governments at county level or above shall give full play to the role of culture law enforcement organs and may invite social volunteer supervisors to supervise commercial performances.

Any entity or individual may report any violation of provisions hereof by telephone or mobile phone short message. The competent departments of culture of the people's government at county level or above shall release the hotline telephone number to the public and ensure that the phone calls will be answered at any time.

When receiving any report from a social volunteer supervisor or the public, the competent department of culture under the people's government at county level or above shall take records, immediately go to the site to investigate and handle issues, and publish results within seven days upon the settlement of the issues.

The competent department of culture under the people's governments at county level or above shall commend the social volunteer supervisors who have made outstanding contributions, and reward the informants whose report is confirmed upon investigation.

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