Where there are any acts provided in Items (1) through (3) of the first paragraph hereof, the competent department of culture under the people's government at county level shall fine the violator between 50, 000 and 100, 000 yuan. Where a violator has any act provided in Item (4) of the first paragraph hereof, a fine between 5, 000 and 10, 000 yuan shall be imposed by the competent department of culture under the people's government at county level.

Article 48 Where any entity or person holds commercial performances in the name of government or governmental departments or titled with words such as "China (Zhongguo or Zhonghua)", "National (Quanguo)", or "International" (Guoji), the competent department of culture under the people's government at county level shall order it/he to make corrections, confiscate its/his illegal proceeds and impose a fine of 3-5 times of the illegal proceeds concurrently. 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. Where it/he refuses to make corrections or has caused any serious consequences, the original license issuing agency shall revoke the commercial performance license.

Where the advertisement of a commercial performance contains any misleading, deceptive or illegal contents, the administration for industry and commerce shall order the violator to stop issuing such advertisements and impose a punishment according to law.

Article 49 Where a host entity of performances or its legal representative, person in charge or any other directly liable persons obtain any economic benefits from any charity performances, the competent department of culture under the people's government at county level or above shall, according to its authorities, order the directly liable party to refund the money to the donee entity. If any crime is committed, criminal responsibilities shall be investigated according to law. Where no crime is committed yet, the competent department of culture under the people's government at county level or above shall, according to its authorities, impose a fine of 3-5 times of the illegal proceeds, and the competent department of culture under the State Council or the competent departments of culture of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government shall announce the name of the directly liable party to the general public, and the original license issuing agency may even revoke the commercial performance license of the host entity.

Where an artistic organization, performer or staff member obtains any economic benefits from any charity performances, the competent department of culture under the people's government at county level or above shall, according to its authorities, order the relevant party to refund the money to the donee entity.

Article 50 Where any entity or person violates the first paragraph of Article 9 hereof by failing to apply to the original license issuing agency for replacing the commercial performance license regarding the change of the name, location, legal person or person in charge, the competent department of culture under the people's government at county level shall order the relevant party to make corrections, give a warning and impose a fine between 10, 000 and 30, 000 yuan.

Where any entity or person violates the second paragraph of Article 8, the second paragraph of Article 9 or the second paragraph of Article 10 hereof by failing to go through filing formalities, the competent department of culture under the people's government at county level shall order the relevant party to make corrections, give a warning and impose a fine between 5, 000 and 10, 000 yuan.

Article 51 Any entity or person that has any of the following acts shall be punished by the public security department or the public security and fire control organ according to their statutory functions by law. Where any crime is committed, criminal responsibilities shall be investigated according to law:

(1) Violating the relevant provisions hereof on safety and fire prevention administration; or

(2) Counterfeiting or altering commercial performance tickets, or reselling counterfeited or altered tickets speculatively.

Where a host entity of performances produces or sells more commercial performance tickets than the approved amount or those beyond the audience area, the public security department under the people's government at county level or above shall, according to its authorities, 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. Where any severe consequences are caused, the original license issuing agency shall revoke its commercial performance license. If any crime is committed, criminal responsibilities shall be investigated according to law.

Article 52 Any artistic performance organization or performance brokerage institution, whose commercial performance license is revoked by the competent department of culture for violating the provisions hereof, shall go through alteration or cancellation formalities at the administration for industry and commerce. If it fails to do so within the time limit, its business license shall be revoked.

Where a business entity providing performance place, self-employed performance broker or self-employed actor violates the provisions hereof, under any serious circumstances, the competent department of culture under the people's government at county level or above shall, according to its authorities, order the relevant party to stop the commercial performances and notify the administration for industry and commerce, which shall revoke its business license. Where a business entity providing performance places engages in other businesses, the administration for industry and commerce shall order it to register for alteration; if it fails to do so within the time limit, its business license shall be revoked.

Article 53 Where any entity or person whose commercial performance license is revoked by the competent department of culture, or whose business license is revoked by the administration for industry and commerce, or who is ordered to alter the registration for violating the provisions hereof, if the violator is an entity, its legal representative or persons in charge shall not serve as the legal representative or persons in charge of any artistic performance organization, performance brokerage institution or business entity providing performance places within five years; if the violator is an individual, the self-employed performer shall not engage in commercial performances within one year; if the violator is a self-employed performance broker, he or she shall not engage in the activities such as intermediary or agency of commercial performances within five years.

Where any entity or person whose commercial license is revoked by the competent department of culture, or whose business license is revoked by the administration for industry and commerce, or who is ordered to alter the registration because its/his commercial performances involve any prohibited circumstances provided in Article 26 hereof, it/he shall not engage in such activities as intermediary, agency and brokerage any longer.

Where any entity or person has been subjected to two administrative punishments within two years for violation of the provisions hereof, and has any illegal acts that shall be subject to punishment under the provisions hereof, it/he shall be given a severer punishment.

Article 54 Where any people's governments or governmental departments illegally offer financial support or sponsor any commercial performances or do so in any disguised form, or use public fund to buy commercial performance tickets for personal consumption, they shall be ordered to make corrections in accordance with the administrative regulations on the punishments and sanctions of illegal acts related to finance. The relevant entity shall be given a warning or a circulated notice of criticism. The directly liable person in charge and other directly liable persons shall be given a sanction for serious offence; if the circumstances are serious, they shall be demoted or dismissed; if the circumstances are extremely serious, they shall be dismissed.

Article 55 Any staff member of a competent department of culture, public security department or administration for industry and commerce who abuses his power, neglects his duties, pursues private benefits at the public cost or fails to perform his duties pursuant to the provisions hereof, shall be given an administrative sanction according to law. If any crime is committed, criminal responsibilities shall be affixed.

Chapter VI Supplementary Provisions

Article 56 The people's governments of provinces, autonomous regions or municipalities directly under the Central Government may formulate specific measures for the administration of commercial performances of self-employed folk performers.

Article 57 The Regulation shall come into force on September 1, 2005. The Regulation on the Administration of Commercial Performances promulgated by the State Council on August 11, 1997 shall be simultaneously abolished.

Source: www.fdi.gov.cn