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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 36 For any commercial performances approved according to the relevant laws, government administrative regulations and provisions, the public security department shall conduct an on-site inspection of the safety status of commercial performance venues before the performances. If any hidden danger is found, commercial performances shall not start until the hidden danger is eliminated.

The public security department may conduct a necessary safety check over the audience entering the commercial performance venues; if any audience are found to have any of the acts prohibited in the first paragraph of Article 23 hereof, he shall not be allowed to enter commercial performance venues until the hidden danger is eliminated.

The public security department may organize the police force to help the host entity of performances to maintain order in the commercial performance venues.

Article 37 The public security department shall take immediate measures to eliminate hidden dangers upon receiving reports saying that there are audiences waiting to enter when the performance venue has reached the approved capacity or the venue is in disorder.

Article 38 The personnel of the public security department and the competent department of culture who undertake on-site management and inspection tasks shall show their duty certificates when entering commercial performance venues.

Article 39 When conducting a supervision and inspection over commercial performances by law, the competent department of culture shall record the supervision and inspection information as well as handling results, and keep these on file after they are signed by the supervisors and inspectors. The general public is entitled to consult the supervision and inspection records.

Article 40 A competent department of culture, a public security department or any other relevant department, or any of their staffs shall not ask for performance tickets from any host entity of performances or business entity providing performance place.

Article 41 The competent department of culture under the State Council and the competent departments of culture under people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall commend artistic performance organizations and performers that have made big contributions to holding performances in the rural areas, industrial and mining enterprises, or to offering free and preferential performances to children, and publicize them in various forms.

With regard to the programs that are suitable to be staged in rural areas and industrial and mining enterprises, the competent department of culture under the State Council may, after obtaining the permission of the copyright owners by law, offer them to the artistic performance organizations and performers to perform in the rural areas, and industrial and mining enterprises.

When granting art awards, the competent departments of culture shall properly take into consideration of the number of performances that the award candidates have held in the rural areas, and industrial and mining enterprises.

The local people's governments at county level or above shall support the artistic performance organizations and performers who performance in rural areas, and industrial and mining enterprises.

Article 42 The performance trade association shall formulate self-disciplinary norms according to its rules, and give guidance to and supervise the business operations of its members to promote fair competition.

Chapter V Legal Liabilities

Article 43 Where any entity or person has any of the following acts, the competent department of culture under the people's government at county level shall stop its/his acts, confiscate its/his performance equipment and illegal proceeds, and impose a fine of 8-10 times of the illegal proceeds. Where there are no illegal proceeds or the illegal proceeds are less than 10, 000 yuan, a fine between 50, 000 and 100, 000 yuan shall be imposed. If any crime is constituted, its/his criminal responsibilities shall be investigated according to law:

(1) Violating Article 7, 11 or 12 hereof by illegally setting up any artistic performance organization, performance brokerage institution or illegitimately engage in commercial performances;

(2) Violating Article 13 or 15 hereof by engaging in commercial performances outside the authorized business scope; or

(3) Violating the first paragraph of Article 9 hereof by failing to apply to the original license issuing agency for replacing the commercial performance license after changing the business items of commercial performances.

Any entity or person that violates Article 8 or 10 hereof by illegally establishing any business entity providing performance places or illegitimately engaging in commercial performances shall be banned and punished by the administration for industry and commerce. If any crime is constituted, its/his criminal responsibilities shall be investigated.

Article 44 Where any entity or person violates Article 14 or 16 hereof by holding unapproved commercial performances, the competent department of culture under the people's government at county level shall order it/he to stop the performances, confiscate the illegal proceeds and imposed a fine of 8-10 times of the illegal proceeds. Where there are no illegal proceeds or the illegal gains are less than 10, 000 yuan, a fine between 50, 000 and 100, 000 yuan shall be imposed. Under any serious circumstances, the original license issuing organ shall revoke its/his commercial performance license.

Where any entity or person violates the provisions of the third paragraph of Article 17 hereof by failing to go through re-approval formalities for changing the host entity of performances, participating artistic organizations or performers, or programs, the punishments shall be imposed in accordance with the preceding paragraph. Where any entity or person fails to go through the re-approval formalities for changing the name, date, place or number of performances, the competent department of culture under the people's government at county level shall order it/he to make corrections, give a warning and may impose a fine of 30, 000 yuan or less.

Where a business entity providing performance places offers place for any unapproved commercial performances, the competent department of culture under the people's government at county level shall order it to make corrections, confiscate its illegal proceeds and impose a fine of 3-5 times of the illegal proceeds. Where there are no illegal proceeds or the illegal proceeds are less than 10, 000 yuan, a fine between 30,000 and 50, 000 yuan shall be imposed.

Article 45 Where any entity or person violates Article 32 hereof by counterfeiting, altering, leasing, lending, buying or selling any commercial performance license or document, or obtaining any commercial performance license or approval document by illegal means, the competent department of culture under the people's government at county level shall confiscate the illegal proceeds and impose a fine of 8-10 times of the illegal proceeds. Where there are no illegal proceeds or the illegal proceeds are less than 10, 000 yuan, a fine of between 50, 000 and 100, 000 yuan shall be imposed. The commercial performance license or document formerly obtained by the violator shall be canceled or revoked. If any crime is constituted, criminal responsibilities shall be investigated.

Article 46 Where any commercial performances are in any of the prohibited circumstances provided in Article 26 hereof, the competent department of culture under the people's government at county level shall order the violator to stop the performances, confiscate the illegal proceeds and impose a fine of 8-10 times of the illegal proceeds. Where there are no illegal proceeds or the illegal proceeds are less than 10, 000 yuan, a fine between 50, 000 and 100, 000 yuan shall be imposed. Under any serious circumstances, the original license issuing organ shall revoke its commercial performance license. Where the public security administration provisions are violated, the public security department shall punish the violator in accordance with the law. If any crime is committed, criminal responsibilities shall be investigated.

Where a business entity providing performance places or a host entity of performances find the commercial performances are in any of the prohibited circumstances in Article 26 hereof, but do not take measures to stop them, the competent department of culture or the public security department under the people's government at county level shall, according to their statutory functions, give the relevant party a warning and impose a fine between 50,000 and 100, 000 yuan. Where the relevant party fails to make a report according to Article 27 hereof, the competent department of culture or the public security department under the people's government at county level shall give the relevant party a warning according to their statutory functions and impose a fine between 5, 000 and 10, 000 yuan.

Article 47 Any host entity of performances, artistic performance organization or performer has any of the following acts shall be announced to the general public by the competent department of culture under the State Council or the competent departments of culture under the people's government of provinces, autonomous regions or municipalities directly under the Central Government. Where the host entity of performances or artistic performance organization is announced twice within two years, its commercial performance license shall be revoked by the original license issuing agency. Where the individual performer is announced twice within two years, his business license shall be revoked by the administration for industry and commerce:

(1) Suspending, terminating or withdrawing from the performances not due to any force majeure;

(2) Failing to timely inform the audience about any changes of artistic performance organizations, main performers or main contents of programs;

(3) Cheating the audience by lip-synching; or

(4) Providing conditions for the performers to conduct lip-synching.

Where there are any acts provided in Item (1), (2) and (3) of the preceding paragraph hereof, the audience is entitled to require the host entity of performances, after the performance, to compensate for their losses in accordance with the provisions on protecting consumers' rights and interests. The host entity of performances has the right to seek compensation from the artistic performance organizations or performers that shall bear the responsibilities according to law.

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