营业性演出管理条例 REGULATIONS GOVERNING PERFORMANCES FOR BUSINESS

国务院令第229号
(Adopted at the 61st Executive Meeting of the State Council on August 1, 1997, and promulgated by Decree No. 229 of the State Council of the People's Republic of China on August 11, 1997)
颁布日期：19970811 　实施日期：19971001 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 These Regulations are formulated for the purpose of enhancing control over performances for business, bringing about the flourishing of the cause of socialist art and literature, satisfying the requirements of the people in cultural life and promoting the building of socialist spiritual civilization.

　　Article 2 These Regulations shall be observed in engaging in performing activities for business and in the exercise of supervision and control over performing activities for business within the territory of the People's Republic of China.

　　Art performing troupes, sites for performances and brokerage agencies for performances (hereinafter referred to as performing units for business) as well as individual performers may engage in all types of performing activities for business only upon acquisition of a licence of performances for business pursuant to the provisions of these Regulations.

　　Article 3 Performances for business must adhere to the orientation of serving the people and socialism, persist inputting social benefits first, carry forward fine national culture, and enrich and improve people's spiritual life.

　　Article 4 The State encourages and supports performances of fine national arts, encourages and supports performances for rural areas, teenagers and children.

　　Article 5 The State prohibits and bans illegal performing activities, and safeguards the legitimate rights and interests of performing units and performers.

　　Article 6 The administrative department of culture under the State Council shall be responsible for the work related to the control of performances for business nationwide. The department of public security and the department of industry and commerce administration under the State Council shall exercise control over performing activities according to law pursuant to the division of their respective duties and responsibilities.

　　Administrative departments of culture of local people's governments at or above the county level shall be responsible for the work related to the control of performances for business within their respective administrative areas. The departments of public security and departments of industry and commerce administration of local people's governments at or above the county level shall exercise control over performing activities for business within their respective administrative areas according to law pursuant to the division of their respective duties and responsibilities.

　　Article 7 The State gives rewards to units and individuals having made outstanding contributions to the cause of performing arts.

　　Chapter II Examination and Approval of Performing Units and Individual Performers

　　Article 8 The administrative department of culture under the State Council shall be responsible for the formulation of the overall plan for performing units nationwide; administrative departments of culture of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government should, pursuant to the overall state plan, determine the aggregate, distribution and structure of performing units within their respective administrative areas.

　　Article 9 Establishment of an art performing troupe should fulfil the following qualifications:

　　(1) having a unit name, an organization and a constitution;

　　(2) having performers and staff members with performing skills;

　　(3) having a fixed address and instruments and equipment commensurate with the requirement of performances; and

　　(4) having funds commensurate with its size

.

　　In addition to the qualifications prescribed in the preceding paragraph, examination and approval of establishment of art performing troupes should also conform to the plan of the aggregate, distribution and structure of art performingtroupes.

　　Article 10 For application for the establishment of an art performing troupe for business, an application should be filed with the administrative department of culture of the people's government at or above the county level pursuant to the authority of examination and approval prescribed by the State; that which has been approved upon examination and verification shall obtain a "licence for performances for business".

　　The unit having obtained the "licence for performances for business" should apply to the department of industry and commerce administration for registration on the strength of the licence and may engage in performing activities for business only upon obtaining a business licence; however, art performing troupes whose funds are verified and allocated by the State are exceptions.

　　Article 11 Establishment of a site for performances for business should fulfil the following qualifications:

　　(1) having a unit name, an organization and a constitution;

　　(2) having a building suitable for performances, necessary instruments and equipment and appropriate specialized managers;

　　(3) with security facilities and hygiene conditions conforming to prescribed state standards; and

　　(4) having necessary funds.

　　Article 12 For application for the establishment of a site for performances for business, an application should be filed with the administrative department of culture of the people's government at or above the county level pursuant to the authority of examination and approval prescribed by the State; that which has been approved upon examination and verification shall obtain a "licence for performances for business".

　　The unit having obtained the "licence for performances for business" should apply to the public security organ for security examination and approval and to the administrative department of health for the acquisition of a "hygiene licence" on the strength of the licence, and apply to the department of industry and commerce administration for registration on the strength of the licence, and may engage in performing activities for business at the said site for performances only upon acquisition of a business licence.

　　Article 13 Establishment a brokerage agency for performances should fulfil the following qualifications:

　　(1) having a unit name, an organization and a constitution;

　　(2) having competent business departments;

　　(3) having employees with corresponding professional levels;

　　(4) having a fixed address and business scope; and(5) having funds commensurate with its size.

　　Article 14 For application for the establishment of a brokerage agency for performances, an application should be filed with the administrative department of culture of the people's government at or above the provincial level pursuant to the authority of examination and approval prescribed by the State; that which has been approved upon examination and verification shall obtain a "licence for performances for business".

　　The unit having obtained the "licence for performances for business" should apply to the department of industry and commerce administration for registration on the strength of the licence, and may go into business only upon acquisition of a business licence.

　　Article 15 Performing units for business should have qualifications of a legal person and acquire the qualifications of a legal person upon registration after verification and approval according to law and undertake civil responsibilities independently with all its corporate property.

　　Article 16 The State prohibits the establishment of art performing tr

oupes, sites for performances and brokerage agencies for performances operated by Sino-foreign joint ventures, Sino-foreign cooperative ventures and foreign capital.

　　The State permits the reconstruction and new construction of sites for performances for business with external funds; however, external contributors shall not take part in operations and management. Specific measures shall be worked out separately.

　　Article 17 Individual performers engaging in performing activities for business should file an application with the administrative department of culture of the people's government at or above the county level of the locality wherein he/she resides pursuant to the authority of examination and approval prescribed by the State on the strength of personal ID cards and the certification of the neighborhood office or the village or township people's government of the place of domicile; he/she who has been approved upon examination and verification shall obtain a "licence for performances for business".

　　Article 18 Administrative departments of culture of people's governments at or above the county level should make a decision on the approval or non-approval within 60 days starting from the date of receipt of an application for the establishment of a performing unit.

　　Article 19 For change in name, residence, leading person-in-charge or legal representative by an art performingtroupe, or a site for performances, or a brokerage agency for performances for business, or change in business scope by a brokerage agency for performances, an application should be filed with the original licensing organ for going through the formalities of change in registration.

　　A performing unit or an individual performer for business not engaging in performing activities without a

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