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

riginal licensing organ shall direct the offender to suspend operations for consolidation or revoke the "licence for performances for business"; violations of provisions of public security administration shall be subject to penalties for public security violations by the public security organ; where the offen

ce constitutes a crime, criminal responsibility shall be investigated according to law.

　　Article 42 For sponsorship of combined performances on one's own or invitation on one's own of art performingtroupes or individuals from the HongKong Special Administrative Region and the regions of Macau and Taiwan as well as foreign countries for performances for business in violation of the provisions of these Regulations, the administrative department of culture shall direct the offender to stop performing activities, confiscate the illegal income of the units or individuals participating in the performances; confiscate the illegal income of the organizer(s) and concurrently impose a fine more than five times and less then ten times of the illegal income; where there is no illegal income, a fine more than RMB 5,000 Yuan and less than RMB 20,000 Yuan shall be imposed; where the circumstances are serious, the original licensing organ shall direct the offender to suspend operations for consolidation or revoke the "licence for performances for business".

　　Article 43 For suspension of performances without any justification or practice of fraud and engagement in deceptive performances by such means as feigned singing or passing oneself off as somebody else in violation of the provisions of these Regulations, the administrative department of culture shall issue a criticism of the performer himself/herself in acircular, confiscate the illegal income and concurrently impose a fine more than twice and less than five times of the illegal income; where there is no illegal income, a fine less than RMB 5,000 Yuan may be imposed; where the circumstances are serious, the offender shall be banned from taking part in performing activities for business for one year.

　　Article 44 For reception on one's own by a site for performances for business of art performing troupes for business, performances organized by a brokerage agency without a "licence for performances for business", or of performing activities for business without approval in violation of the provisions of these Regulations, the administrative department of culture shall direct it to stop the performing activities, confiscate the illegal income, and concurrently impose a fine more than three times and less than five times of the illegal income; where the circumstances are serious, the original licensing organ shall direct it to suspend operations for consolidation or revoke the "licence for performances for business".

　　Article 45 For a site for performances for business causing disorder during performances or a safety accident in violation of the provisions of these Regulations, the administrative department of culture shall direct it to amend and give it a warning; where the circumstances are serious, the original licensing organ shall direct it to suspend operations for consolidation or revoke the "licence for performances for business"; for violations of the provisions of public security administration, the public security organ shall impose penalties for public security violations according to law; where the offence constitutes a crime, criminal responsibility shall be investigated according to law.

　　Article 46 For embezzlement of revenue from charity performances in violation of the provisions of these Regulation, the administrative department of culture shall, in conjunction with the department of civil affairs, direct the holding unit to hand over the illegal income to the unit accepting the donation and impose a fine more than three times and less than five times of the illegal income; where the circumstances are serious, the original licensing organ shall direct it to suspend operations for consolidation or revoke the "licence for performances for business"; where the offence constitutes a crime, criminal responsibility shall be investigated according to law.

　　Article 47 For an art performing troupe or a brokerage agency for perfor

mances for business employing on its own members without gaining advance consent of their employer units or individuals without obtaining a "licence for performances for business" in violation of the provisions of these Regulations to participate in performing activities for business, the administrative department of culture shall administer a warning, and concurrently impose a fine of more than RMB 500 Yuan and less than RMB 5,000 Yuan; for a unit subject to more than three cumulative administrative penalties, the original licensing organ shall revoke its "licence for performances for business".

　　Article 48 For an individual participating in performances for business on one's own without the consent of the employer unit in violation of the provisions of these Regulations, the administrative department of culture shall direct the person in question to stop performing activities, confiscate the illegal income, impose a fine of more than 100% and less than 300% of the illegal income and impose administrative sanctions according to law.

　　Article 49 For an individual performer holding on one's own performances for business in violation of the provisions of these Regulations, the administrative department of culture shall direct the person in question to stop performing activities, confiscate the illegal income, and concurrently impose a fine of more than RMB 5,000 Yuan and less than RMB 10,000 Yuan; where the circumstances are serious, the original licensing organ shall revoke the "licence for performances for business".

　　Article 50 For leasing or transfer of a "licence for performances for business" in violation of the provisions of these Regulations, the administrative department of culture shall direct the violator to stop the illegal activities, confiscate the illegal income, and impose a fine of more than three times and less than five times of the illegal income; where there is no illegal income, a fine of less than RMB 5,000 Yuan may concurrently be imposed; where the circumstances are serious, the original licensing organ shall revoke the "licence for performances for business".

　　Article 51 Performances infringing on the copyright of others shall be dealt with pursuant to the provisions of the Copyright Law of the People's Republic of China.

　　Violations of state laws and regulations governing industry and commerce, taxation and public health administration shall be penalized by the departments of administration concerned according to law.

　　Article 52 Administrative departments of culture and their functionaries infringing on the legitimate rights and interests of art performing troupes or individual performers, sites for performances and brokerage agencies for performances or abusing their power, neglecting their duties, indulging in self-seeking misconduct, taking part in or covering up illegal performing activities in violation of the provisions of laws and regulations constituting a criminal offence shall be investigated of the criminal responsibilities according to law; where the offence does not constitute a crime, administrative sanctions shall be imposed according to law.

　　Chapter V Supplementary Provisions

　　Article 53 Performing units for business the establishment of which has been approved and individual performers already under registration prior to the implementation of these Regulations should renew the formalities pursuant to the relevant provisions of these Regulations within three months starting from the date of implementation of these Regulations.

　　Article 54 All provinces, autonomous regions and municipalities directly under the Central Government may formulate specific control measures with respect to the performing activities of roving folk artists by referring to the provisions of these Regulations.

　　Article 55 These Regulations shall come into force as of October 1, 1997

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