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

ny justifiable reason in one year shall have the "licence for performances for business" nullified by the original licensing organ.

　　Chapter III Control over Performing Activities for Business

　　Article 20 The State encourages and supports art performing troupes and individual performers to go into the midst of the common people and exert their efforts to create and perform fine programs with unity of ideological content and artistic content which are highly attractive and have strong appeal and are welcomed by broad masses of people.

　　Article 21 The State encourages and supports performing units and individual performers for business to present free performing activities to the common people, rural areas and industrial and mining enterprises on a regular basis.

　　Article 22 The State prohibits holding of performing activities containing the following contents:

　　(1) that which endangers state security, honour and social stability;

　　(2) that which instigates nationality separation, infringes on minority nationality customs and habits and disrupts solidarity of nationalities;

　　(3) that propagates obscenity, pornography and superstition or plays up violence;

　　(4) that which performs in ways that are terror-striking, cruel or ruin performers' health;

　　(5) that which attracts audience with physical defects or display of physical deformities; and

　　(6) other contents prohibited under provisions of laws and regulations.

　　Article 23 An art performing troupe for business may organize on its own performing activities for business of the unit itself, or may organize performing activities for business in association with other art performing troupes.

　　Any unit should obtain the consent of the employer unit in employing personnel of an art performing troupe to take part in performances of the unit.

　　Article 24 Holding of combined performances for business should be sponsored by a brokerage agency for performances.

　　Combined performances for business referred to in the preceding paragraph mean temporary combination of p

erformances for business in addition to the independent performances of an art performing troupe or combined performances.

　　Article 25 For sponsorship of combined performances by a brokerage agency for performances, a submission shall be made to the department which issued the "licence for performances for business" for examination and approval 20 days prior to the date of performance; for holding of performances in provinces, autonomous regions and municipalities directly under the Central Government outside the locality wherein the brokerage agency for performances is located, a submission should be concurrently made to the relevant administrative department of culture of the people's government at or above the county level of the locality wherein the performances are to be held for examination and approval.

　　Article 26 An individual performer may take part in performing activities for business sponsored by an art performingtroupe for business or by a brokerage agency for performances, but must not hold performing activities for business on his/her own.

　　Article 27 For holding of national performing activities for business or holding of performing activities for business entitled with such words as "China", "Chinese" or "National", a submission should be made to the administrative department of culture under the State Council for examination and approval.

　　Article 28 Sponsorship of evaluation and award-giving activities for cultural and artistic performances shall be handled pursuant to the relevant state provisions.

　　Article 29 Invitations to art performing troupes or individuals from the Hong Kong Special Administrative Region and the regions of Macau and Taiwan as well as foreign countries for performances for business shall be handled by brokerage agencies for performances for foreign-related performance businesses; the sponsor unit should make a submission to the administrative department of culture under the State Council for examination and approval 30 days prior to the date of performance, and it may sign a formal contract only upon approval; unless it is provided for otherwise by the State.

　　An art performing troupe or an individual performer for business leaving the country for performances for business should make a submission to the administrative department of culture under the State Council for approval pursuant to relevant state provisions.

　　Article 30 An art performing troupe or a brokerage agency for performances for business sponsoring performances for business should sign a performance contract with the site of performances, units and individuals participating in combined performances should sign performance contracts with the brokerage agency for performances. The performance contract shall carry the following particulars:

　　(1) time of performance and number of performances;

　　(2) place of performance;

　　(3) leading performers and program contents;

　　(4) ticketing arrangement of the performance;

　　(5) mode of final settlement of the revenue and expenditure of the performance; and

　　(6) other matters that require to be carried.

　　Article 31 Parties signing the performance contract should strictly implement the agreement in the performance contract. A violator of the agreement in the performance contract should bear responsibility for the violation according to law.

　　Causing losses to the audience due to violation of the agreement in the performance contract should give compensation according to law.

　　Article 32 For holding of performing activities for business by occupying a park, or a square, or a street, or a guesthouse, or a hotel, or a stadium (indoor stadium) or other sites for non-business performances, a submission should be made to the administrative department of culture, the public security organ and other departments concerned of local people's government of t

he locality for approval.

　　Article 33 On-the-job performers of art performing troupes for business or teachers and students of specialized art colleges and schools participating in performing activities outside their own units shall be subject to the consent of the unit he/she is in. Specific measures shall be worked out by the administrative department of culture under the State Council.

　　Article 34 For necessity of change in sponsor unit or holding unit, or art performing troupe or leading performers, time, place and number of performance and main contents of program of performance of a performing activity for business upon approval, a separate report should be submitted pursuant to the provisions of this Chapter for approval.

　　Article 35 Sites for performances for business shall not provide services in site for art performing troupes or individual performers without a "licence for performances for business" and performing activities for business without approval.

　　While holding performances for business, the number of audience a site for performance accommodates shall not exceed the maximum number of persons allowed. The site for performance should be responsible for the maintenance of order during performance and ensure the safety of the audience.

　　Article 36 Art performing troupes or individual performers for business shall not suspend performance without any justification or deceive audience with such falsified means as feigned singing or passing oneself off as others.

　　Contents of advertisements for performances for business must be true and lawful, and must not mislead or deceive audience.

　　Contents of advertisements for performances for business should be subject to the verification and approval of the examination and approval department of the performing activities.

　　Article 37 The ticket price of performances for business and rate for site rent for the site for performances for business shall observe state provisions concerning price control.

　　Article 38 Income accrued from performances by performers shall be taxed according to law.

　　Article 39 Revenue from performances at charity shows for donation shall, excluding the necessary expenditure for costs, be paid to the unit accepting the donation in full, the sponsor unit and performers (staff members) must not take remuneration out of it. For organization of performances for donation for social welfare, a report shall be submitted to the administrative department of culture at the same level for examination and approval upon verification and approval of the department of civil affairs of the local people's government at or above the county level of the locality.

　　Chapter IV Penalty Provisions

　　Article 40 Establishment of a performing unit for business on one's own without approval, or engagement in performances for business without acquisition of a licence for performances for business in violation of the provisions of these Regulations shall be banned by the administrative department of culture, with the illegal income confiscated and be concurrently imposed a fine more than three times and less than five times of the illegal income; where there is no illegal income, a fine less than RMB 5,000 Yuan may concurrently be imposed.

　　Article 41 For performances containing contents prohibited under Article 22 of these Regulations in violation of the provisions of these Regulations, the administrative department of culture shall direct the offender to stop the performing activities, confiscate the illegal income; where the circumstances are serious, the o

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