Laws of the People's Republic of China

State Council

Order of the State Council of People's Republic of China

No. 439

The Regulation for the Administration of Commercial Performances was adopted at the 84th executive meeting of the State Council on March 23, 2005., which is hereby promulgated and shall come into force as of September 1, 2005.

Premier Wen Jiabao

July 7, 2005

Regulation for the Administration of Commercial Performances

Chapter I General Provisions

Article 1

This Regulation is formulated for the purpose of strengthening the management of commercial performances, promoting the development of cultural industry, flourishing the socialist art cause, meeting with the needs of cultural life of the people and promoting the construction of socialist spiritual civilization.

Article 2

The "commercial performances" as mentioned in this Regulation refer to the art performances activities on site hold for the general public for commercial profit purposes.

Article 3

The commercial performances shall adhere to the direction of serving the people and the socialism, give priority to the social benefits, realize the uniform of the social and economic benefits, and enrich the cultural life of the people.

Article 4

The state encourages the artistic performance groups, creation of performers to produce and perform the excellent programs that unify the cultural and the spirits and reflect the good national cultural tradition and are popular welcomed by people, and encourages the performances that are gratuitously or preferentially offered to rural areas, industrial and mining enterprises, as well as the children.

Article 5

The competent department of culture of the State Council shall be responsible for the supervision and management of the commercial performances throughout the country. The department of public security and the administrative department of industry and commerce of the State Council shall, according to their respective functions, be responsible for the supervision and management of the commercial performances.

The competent departments of culture of the local people's governments at or above the county level shall be responsible for the supervision and management of the commercial performances within their respective administrative area. The departments of public security and the administrative departments of industry and commerce of the local people's governments at or above the county level shall, according to their respective functions, be responsible for the supervision and management of commercial performances.

Chapter II Establishment of Business Subject of Commercial Performances

Article 6

For establishing a cultural and artistic performance organization, the applicant shall have full-time performers and equipment that can meet the needs of its business of performances.

For establishing a performance brokerage institution, the applicant shall have 3 or more full-time performance brokers and fund that can meet the needs of its business.

Article 7

For establishing a cultural and artistic performance organization , the applicant shall file an application to the competent department of culture of the people's government at the county level. For establishing a performance brokerage institution, the applicant shall file an application to the competent department of culture of the people's government of the province, autonomous region or municipality directly under the Central Government. The competent department of culture shall make a decision within 20 days as of it accepts the application. If it approves the application, it shall issue the applicant a commercial performance license; if it disapproves the application, it shall notify the applicant in written form and make an explanation.

After the applicant obtains the commercial performance license, it shall, upon strength of the license, go through the registration formalities in the administrative department of industry and commerce to get a business license.

Article 8

For establishing a business entity of commercial performance place, the applicant shall go through the registration formalities in the administrative department of industry and commerce, get a business license, and go through the examination and approval formalities in accordance with the relevant laws and administrative regulations on fire protection, sanitation, etc.

The business entity of commercial performance place shall, within 20 days from the day when it obtains the business license, go through the archival filing formalities in the competent department of culture of the people's government at the county level at the place where it is located.

Article 9

Where a cultural and artistic performance organization or performance brokerage institution intends to change its name, domicile, legal person or major person-in-charge, or business items of commercial performances, it shall file an application to the original license issuing organ for changing its commercial performance license and go through the formalities for modifying the registration in the administrative department of industry and commerce according to law.

Where a business entity of commercial performance place intends to change its name, domicile, legal person or major person-in-charge, it shall go through the formalities for modifying the registration in the administrative department of industry and commerce and shall, once again, go through the archival filing formalities in the original archival filing organ.

Article 10

The self-employed performers engaged in commercial performances (hereinafter referred to as the self-employed performers) and the self-employed performance brokers engaged in the activities such as intermediary and agency for commercial performances (hereinafter referred to as the self-employed performance brokers) shall each go through the registration formalities in the administrative department of industry and commerce to get a business license according to law.

A self-employed performer or self-employed performance broker shall, within 20 days from the day when it obtains a business license, go through the archival filing formalities in the local competent department of culture of the people's government at the county level where it lived.

Article 11

Foreign investors may, jointly with Chinese investors, establish Sino-foreign equity joint and Sino-foreign contractual performance brokerage institutions and business entities of performance place. No any Sino-foreign equity joint, Sino-foreign contractual or solely foreign-funded cultural and artistic performance organizations are permitted to be established, and no any solely foreign-funded performance brokerage institution or business entity of performance place are permitted to be established.

When establishing a Sino-foreign equity joint performance brokerage institution or business entity of performance place, the investment proportion of the Chinese party shall not be less than 51%. When establishing a Sino-foreign contractual performance brokerage institution or business entity of performance place, the Chinese party shall have the business dominant power.

When establishing a Sino-foreign equity joint or Sino-foreign contractual performance brokerage institution or business entity of performance place, the applicant shall, via the competent department of culture of the people's government of the relevant province, autonomous region or municipality directly under the Central Government, file an application to the competent department of culture of the State Council. The competent department of culture of the people's government of the relevant province, autonomous region or municipality directly under the Central Government shall, within 20 days as of it receives the application, issue and submit its examination opinions to the competent department of culture of the State Council for examination and approval. The competent department of culture of the State Council shall make a decision within 20 days from the day when it receives the examination opinions of the competent department of culture of the people's government of the relevant province, autonomous region or municipality directly under the Central Government. If it approves the application, it shall issue the applicant a commercial performance license; if it disapproves the application, it shall notify the applicant in written form and make an explanation. After the applicant obtains the commercial performance license, it shall go through the examination and approval formalities in accordance with the relevant laws and regulations on foreign investment.

Article 12

The investors from Hong Kong Special Administrative Region and Macao Special Administrative Region may establish equity joint, contractual and solely funded business entities of performance place, as well as equity joint and contractual performance brokerage institutions in the mainland. The performance brokerage institutions of Hong Kong Special Administrative Region and Macao Special Administrative Region may set up branches in the mainland.

The investors from Taiwan region may establish equity joint and contractual performance brokerage institutions and business entities of performance place in the mainland. However, the investment proportion of the mainland party shall not be less than 51% and the mainland party shall have the business dominant power. No any equity joint, contractual or solely-funded cultural and artistic performance organization, and solely-funded performance brokerage institution or business entity of performance place are permitted to be established.

The examination and approval formalities as prescribed in this Article shall be handled in accordance with the third paragraph of Article 11 of this Regulation.

Chapter III Norms on Commercial Performances

Article 13

A cultural and artistic performance organization or self-employed performer may hold commercial performances independently, and may participate in any cooperative commercial performances.

The cooperative commercial performances shall be hold by a performance brokerage institution, but a business entity of performance place may hold cooperative commercial performances at its own performance place.

A performance brokerage institution may be engaged in the activities such as intermediary, agency and brokerage for commercial performances; a self-employed performance broker may only act as a middleman or agent for commercial performances.

Article 14

When holding the commercial performances, the applicant shall file an application to the e competent department of culture of the people's government at the county level at the place where the performances are held. The competent department of culture of the people's government at the county level shall make a decision within 3 days from the day when it accepts the application. If the application meets the requirements as prescribed in Article 26 of this Regulation, it shall issue the applicant an approval document; if the application does not, it shall make a decision of disapproval and shall notify the applicant in written form and make an explanation.

Article 15

With the exceptions of performance brokerage institutions, any other entity or individual shall not be permitted to hold the commercial performances participated in by cultural and artistic performance organizations or individuals of foreign or Hong Kong or Macao Special Administration Region or Taiwan region. . However, when a cultural and artistic performance organization holds commercial performances by itself, it may invite cultural and artistic performance organizations and individuals of foreign, or Hong Kong or Macao Special Administration Region or Taiwan region. to participate in the commercial performances.

When holding commercial performances with participants of cultural and artistic performance organization and individuals of foreign, Hong Kong and Macao Special Administration Region or Taiwan region , the hosting party shall meet the following requirements:

(1)

Having the fund that can meet the relevant needs of the commercial performances;

(2)

Having 2-year or more experience of hosting commercial performances; and

(3)

Having no record of violating this Regulation within 2years prior to the to-be-hosted commercial performances.

Article 16

If the commercial performances with participants of foreign cultural and artistic performance organizations and individuals are not held in a singing and dancing entertainment place, the hosting entity shall file an application to the competent department of culture of the State Council; if they are held in a singing and dancing entertainment place, the hosting entity shall file an application to the competent department of culture of the people's government of the province, autonomous region or municipality directly under the Central Government at the place where the commercial performances are held.

With regard to the commercial performances with participants of cultural and artistic performance organizations and individuals of Hong Kong and Macao Special Administration Region, the hosting entity shall file an application to the competent department of culture of the people's government of the province, autonomous region or municipality directly under the Central Government at the place where the commercial performances are held. With regard to the commercial performances with participants of Taiwan cultural and artistic performance organization and individuals, the hosting entity shall file an application to the competent department of culture of the State Council jointly with the examination and approval organ as designated by the relevant departments of the State Council.

The competent department of culture of the State Council, or the competent department of culture of the people's government of the province, autonomous region or municipality directly under the Central Government shall make a decision within 20 days from the day when it accepts an application. If the application meets the requirements as specified in Article 26 of this Regulation, it shall issue the applicant an approval document; if it does not, it shall disapprove it and shall notify the applicant in written form and make an explanation.

Article 17

The application materials for holding commercial performances shall include the following items:

(1)

The name of the performance, hosting entity and participants of cultural and artistic performance organization and actors of the performances;

(2)

The date, place and total number of performances; and

(3)

The programs and the relevant visual and audio materials;

When applying for holding cooperative commercial performances, the applicant shall, in addition to submitting the above-mentioned materials, submit the performers' written letters about their promises to participate in the performances.

Where it is necessary to change any of the items as listed in the application materials of the commercial performances, the applicant shall, for a second time, go through formalities for examination and approval respectively in accordance with Articles 14 and 16 of this Regulation.

Article 18

When providing a performance place, the business entity of performance place shall verify the approval document obtained by the hosting entity of performances. It shall not provide its performance place for any unapproved commercial performances.

Article 19

A business entity of performance place shall ensure that the building and facilities of the performance place conform to the national safety standards and fire protection and safety norms, shall regularly check the status of the fire protection and safety facilities and shall maintain and renew these facilities in time.

The business entity of performance place shall set forth a plan on security protection and a plan on fire control and emergency evacuation.

When a hosting entity of performances intends to hold commercial performances in a performance place, it shall verify the records of the checks over fire protection and safety facilities, the security protection plan as well as the fire control and emergency evacuation plan of the business entity of performance place, and shall sign a safety responsibility agreement with the business entity of performance place regarding the prevention and handling of emergent safety accidents during the performances.

Article 20

When hosting commercial performances in a pubic place, the hosting entity shall go through the examination and approval formalities in accordance with the laws, administrative regulations and provisions of the state on safety and fire prevention and shall set forth a security protection plan as well as a fire control and emergency evacuation plan. The performance place shall be equipped with emergency broadcasting and lighting devices, shall set up obvious marks at the safe entries and exits and shall ensure the smoothness of the safe entries and exits. If it is necessary to put up a temporary stage or stand, the hosting entity shall comply with the relevant national safety standards so as to ensure the safety.

Article 21

When examining the commercial performances that need to put up a temporary stage or stand, the competent department of culture shall examine the following documents of the hosting entity:

(1)

The conformity certification for the performance place upon check and acceptance according to law;

(2)

The security protection plan and emergency evacuation plan; and

(3)

The lawfully obtained safety and fire protection approval documents;

Article 22

The audience capacity of a performance place shall be subject to the examination and approval of the public security department. The audience area and the buffer area shall be demarcated by the public security department and the buffer area shall have a conspicuous mark.

The hosting entity shall print, produce and sell tickets according to the number of audience approved and the audience area demarcated by the public security department.

When checking the tickets, if the hosting entity finds that the number of audience who have entered the performance place has reached the audience number as examined and approved by the public security department but there are still audience waiting for entering the performance place, it shall immediately stop checking tickets and shall simultaneously report the information to the public security department at the county level at the place where the performances are held. If it finds any audience holding tickets beyond the audience area or false tickets, it shall refuse them to enter the performance place and shall report to the public security department at the county level at the place where the performances are held .

Article 23

No one may carry any infectious disease pathogen, and explosive, flammable, radioactive, corrosive or any other dangerous substances, or illegally carry any gun, ammunition or controlled tool into the spot of the commercial performances.

The business entity of performance place shall, according to the requirements of the public security department, be equipped with security check facilities and shall conduct necessary security check over the audience entering the spot of the performance place. If any audience refuses the security check or commits any of the forbidden acts as mentioned in the preceding paragraph, the business entity of performance place may refuse his entering the spot of performance place.

Article 24

The hosting entity of performances shall organize persons to carry out the safety and fire prevention measures during the commercial performances and maintain the order of the spot of commercial performances.

If the hosting entity of performances and the business entity of performance place find that the order at spot of commercial performances is in confusion, they shall immediately take measures and simultaneously report to the public security department at the county level at the place where the performances are held .

Article 25

A hosting entity of performances shall not hold any commercial performances in the name of government or any government department.

No commercial performances may be titled with words such as "China (Zhongguo)", "Chinese (Zhonghua)", "National (Quanguo)", "International" (Guoji), etc.

The advertisements of commercial performances shall be genuine and lawful, and shall not mislead or cheat the general public.

Article 26

No commercial performance may

(1)

oppose the basic principles determined by the Constitution;

(2)

endanger the unity, sovereigntyŁ¬territorial integrity and security of the state, or jeopardize the honor or interests of the state;

(3)

stir up hatred or discrimination among ethnic groups, undermine the solidarity among ethnic groups, disrespect ethnic customs or practices, or violate the religious policies;

(4)

disrupt social order and harm social stability;

(5)

harm the social morality or the excellent national culture and tradition;

(6)

advocate pornography, cult, superstition or violence;

(7)

insult or defame others, and infringe upon others' legitimate rights and interests;

(8)

be cruel and harmful to performers both physically and mentally;

(9)

solicit audience by making use of the physical deformities or by showing physical variation of the performers; or

(10)

commit any acts that are prohibited by any law or administrative regulation.

Article 27

Where a business entity of performance place or hosting entity of performances finds that the commercial performances fall within any of circumstances as mentioned in Article 26 of this Regulation, it shall immediately take measures to stop it and simultaneously report to the public security department and competent department of culture of the people's government at the county level at the place where the performances are held.

Article 28

Where the cultural and artistic performance organization, main performer or principal program of commercial performances is changed, the hosting entity shall timely inform the audience and make an explanation. The audience may have the right to return their tickets.

During the course of performances, the hosting entity shall not suspend or terminate the performances and no actor may withdraw from the performances except that the performances are unable to proceed due to any force majeure.

Article 29

No performer may cheat the audience by lip synching. No hosting entity may organize the performers to conduct lip synching. No entity or individual may provide any conditions for lip synching.

The hosting entity of commercial performances shall assign special persons to supervise the performances so as to prevent the lip synching acts.

Article 30

A business subject of commercial performances shall make tax payments for its incomes from commercial performances according to law.

When a hosting entity of performances pays the performers and its staff performance remuneration, it shall fulfill the tax withholding obligation according to law.

Article 31

The income from charity and no benefit performances shall, excluding the necessary costs, be entirely given to the donee entity. No hosting entity, participant of cultural and artistic performance organization or performer or staff member may obtain benefit from charity and no benefit performances.

Article 32

No entity or individual may counterfeit, alter, rent, lend, buy or sell any commercial performance license, approval document or business license. No entity or individual may counterfeit or alter any commercial performance tickets or buy in any counterfeited or altered commercial performance tickets and sell them at a profit.

Chapter IV Supervision and Management

Article 33

The competent departments of culture may, in pursuance of the relevant provisions of the state, give subsidies to the performances that reflect the ethnic features and national level, except that, the people's governments and government departments at all levels shall not financially support or sponsor commercial performances or do so in any disguised form, or use public funds to purchase tickets of commercial performances for personal consumption.

Article 34

The competent departments of culture shall strengthen the supervision and management over commercial performances.

With regard to the commercial performances with participants of cultural and artistic performance organization and individuals of foreign, Hong Kong and Macao Special Administration Region or Taiwan region, and the commercial performances for which a temporary stage or stand need to be put up, the competent department of culture of the people's government at the county level at the place where the performances are held shall conduct an on-the-spot inspection; as to other types of commercial performances, it shall conduct on-the-spot selective checks.

Article 35

The competent departments of culture of the people's governments at the county level or above shall give full play to the roles of the culture law enforcement institutions and may invite society volunteer supervisors to supervise commercial performances.

Any entity or individual may, by telephone or mobile phone short message, tip off any act in violation of this Regulation. The competent departments of culture of the people's government at the county level or above shall publish the tip-off telephone number and shall ensure that the phone calls will be answered at any time.

After the competent department of culture of the people's government at the county level or above receives the report of a society volunteer supervisor or any tip-off from the public, it shall make records, shall immediately go to the spot to investigate and handle it, and shall publish the handling result within 7 days after it finishes the handling.

The competent department of culture of the people's governments at the county level or above shall commend the society volunteer supervisors who have made outstanding contributions, and shall reward the informants whose tip-off is confirmed upon investigation.

Article 36

After the public security department approves any commercial performances in accordance with the relevant laws, administrative regulations and provisions of the state, it shall conduct an on-the-spot check over the safety status of the spot of the commercial performances before the performances are held. If it finds any hidden danger of safety, it shall not allow the commercial performances to start until the hidden danger of safety is eliminated.

The public security department may conduct a necessary safety check over the audience entering the spot of the commercial performances; if it finds any audience commits any of the acts prohibited in the first paragraph of Article 23 of this Regulation, it shall not allow him to enter the spot of commercial performances until the hidden danger of safety is eliminated.

The public security department may organize the police force to help the hosting entity of performances to maintain the order of the spot of commercial performances.

Article 37

The public security department shall take measures immediately to eliminate the hidden danger of safety as soon as it receives a report that the number of audience has reached the approved number thereof and there are still people waiting for entering the performance place, or that the spot of the commercial performances is in confusion.

Article 38

The personnel of public security department and the competent department of culture who undertake the spot management and inspection tasks shall show their duty certificates when entering the spot of commercial performances.

Article 39

When the competent department of culture conducts supervision and inspection over commercial performances in accordance with the law, it shall record the supervision and inspection information as well as handling results and shall keep the relevant records as files after they are signed by the supervisors and inspectors. The general public shall be entitled to consult the supervision and inspection records.

Article 40

A competent department of culture , public security department or any other relevant department, or any of its staff members shall not ask any hosting entity of performances or business entity of performance place for tickets of performances.

Article 41

The competent department of culture of the State Council and the competent departments of culture of all provinces, autonomous regions and municipalities directly under the Central Government shall commend and shall adopt various measures to publicize the cultural and artistic performance organizations and performers who have made distinctive contributions to hold performances in the rural areas, industrial and mining enterprises, as well as to offering free and preferential performances to the children.

With regard to the programs that are proper to be staged in rural areas and industrial and mining enterprises, the competent department of culture of the State Council may, after it obtains the permission of the copyright owners in accordance with the law, offer them to the cultural and artistic performance organizations and performers to perform in the rural areas, and industrial and mining enterprises.

When the competent departments of culture conduct art awards appraisement, , they shall properly take into consideration the numbers of performances held in the rural areas, and industrial and mining enterprises by the candidate cultural and artistic performance organizations and performers.

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

Article 42

The performance associations shall, under their respective charter, formulate self-disciplinary norms, give guidance to and supervise the business operations of their members and promote fair competition.

Chapter V Legal Liabilities

Article 43

The competent department of culture of the people's government at the county level shall ban any of the following acts, confiscate the performance equipment and illegal gains, and fine the violator 8 times up to 10 times of the amount of the illegal gains. If there are no illegal gains or if the amount of illegal gains is less than 10, 000 yuan, it shall fine the violator 50, 000 yuan up to 100, 000 yuan concurrently. If any crime is constituted, the violator shall be subject to the criminal liabilities:

(1)

Violating Article 7 , 11 or 12 of this Regulation due to illegally setting up any cultural and artistic performance organization, performance brokerage institution or unlawfully engaging in business activity of commercial performances;

(2)

Violating Article 13 or 15 of this Regulation to engaging in business of commercial performances by exceeding the business scope; or

(3)

Violating the provisions in the first paragraph of Article 9 of this Regulation due to failure to file an application to the original license issuing organ for replacing the commercial performance license by a new one after changing the business items of commercial performances.

Anyone who violates Article 8 or 10 of this Regulation due to illegally establishing any business entity of performance place or unlawfully engaging in business of commercial performances shall be banned and punished by the administrative department of industry and commerce. If any crime is constituted, it (he) shall be subject to criminal liabilities.

Article 44

In case any hosting entity of performances violates Article 14 or 16 of this Regulation due to holding unapproved commercial performances, the competent department of culture of the people's government at the county level shall order it to stop the performances, confiscate the illegal gains and fine it 8 times up to 10 times of the amount of the illegal gains. If there are no illegal gains or if the amount of illegal gains is less than 10, 000 yuan, it shall fine it 50, 000 yuan up to 100, 000 yuan concurrently. If the circumstances are severe, the original license issuing organ shall revoke its commercial performance license.

In case the provisions of the third paragraph of Article 17 of this Regulation are violated due to failure to go through the examination and approval formalities for a second time after the change of the hosting entity of performances, participant of cultural and artistic organization or performer, or program, the punishments shall be imposed in accordance with the preceding paragraph. If any entity fails to go through the examination and approval formalities for a second time after it changes the name, date, place or number of performances, the competent department of culture of the people's government at the county level shall order it to make corrections, give it a warning and may fine it 30, 000 yuan or less simultaneously.

Where a business entity of performance place offers place for any unapproved commercial performances, the competent department of culture of the people's government at the county level shall order it to make corrections, confiscate its illegal gains and fine it 3 times up to 5 times of the amount of the illegal gains. If there are no illegal gains or if the amount of illegal gains is less than 10, 000 yuan, it shall fine it 30, 000 yuan up to 50, 000 yuan concurrently.

Article 45

In case anyone violates Article 32 of this Regulation due to counterfeiting, altering, renting, lending, buying or selling any commercial performance license or document, or due to obtaining any commercial performance license or approval document by illegal means, the competent department of culture of the people's government at the county level shall confiscate the illegal gains and fine it (him) 8 times up to 10 times of the amount of the illegal gains. If there are no illegal gains or if the amount of illegal gains is less than 10, 000 yuan, it shall fine it (him) 50, 000 yuan up to 100, 000 yuan concurrently. The commercial performance license or document formerly obtained by the violator shall be revoked. If any crime is constituted, the violator shall be subject to criminal liabilities.

Article 46

Where any commercial performances fall within any of the prohibited circumstances as specified in Article 26 of this Regulation, the competent department of culture of the people's government at the county level shall order the violator to stop the performances, confiscate the illegal gains and fine it 8 times up to 10 times of the amount of the illegal gains. If there are no illegal gains or if the amount of illegal gains is less than 10, 000 yuan, it shall fine it 50, 000 yuan up to 100, 000 yuan concurrently. If the circumstances are severe, the original license issuing organ shall revoke its commercial performance license. If the public security management provisions are violated, the public security department shall punish the violator in accordance with the law. If any crime is constituted, the violator shall be subject to criminal liabilities.

Where a business entity of commercial performances place or hosting entity of performances finds any of the prohibited circumstance as mentioned in Article 26 of this Regulation but fails to take measures to stop it, the competent department of culture or the public security department of the people's government at the county level shall, under the corresponding statutory functions, give it a warning and fine it 50, 000 yuan up to 100, 000 yuan concurrently. If it fails to report the circumstance to the competent department of culture or the public security department of the people's government at the county level in accordance with Article 27 of this Regulation, the competent department of culture or the public security department of the people's government at the county level shall give it a warning according to its statutory functions and shall fine it 5, 000 yuan up to 10, 000 yuan concurrently.

Article 47

Any hosting entity of performances, cultural and artistic performance organization or performer, which or who commits any of following acts shall be disclosed to the general public by the competent department of culture of the State Council or by the competent department of culture of the people's government of the province, autonomous region or municipality directly under the Central Government. If the hosting entity of performances or cultural and artistic performance organization is disclosed for a second time within 2 years, its commercial performance license shall be revoked by the original license issuing organ. If the individual performer is disclosed for a second time within 2 years, his business license shall be revoked by the administrative department of industry and commerce:

(1)

Suspending, terminating or withdrawing from the performances not for force majeure;

(2)

Failing to timely notify the audience on the change of the cultural and artistic performance organization, main performer or main content of programs;

(3)

Cheating the audience by lip synching; or

(4)

Providing conditions for the performers to conduct lip synching.

Where any one of the acts as specified in Items (1) through (3) of the preceding paragraph is committed, the audience shall be entitled to require the hosting entity of performances to compensate for their losses in accordance with the legal provisions on the protection of the rights and interests of consumers after exiting the performance. The hosting entity of performances may require the liable cultural and artistic organization or performer to repay the advance compensation it makes according to law.

Where any one of the acts as specified in Items (1) through (3) of the first paragraph of this Article is committed, the competent department of culture of the people's government at the county level shall fine the violator 50, 000 yuan up to 100, 000 yuan. Where a violator commits an act as specified in Item (4) of the first paragraph of this Article, the competent department of culture of the people's government at the county level shall fine it 5, 000 yuan up to 10, 000 yuan.

Article 48

In case any entity hosts commercial performances as the name of the government or government department or hosts any commercial performance titled with words such as "China (Zhongguo)", "Chinese (Zhonghua)", "National (Quanguo)", or "International" (Guoji), the competent department of culture of the people's government at the county level shall order it to make corrections, confiscate its illegal gains and fine it 3 times up to 5 times of the amount of the illegal gains concurrently. If it has no illegal gains or the amount of illegal gains is less than 10, 000 yuan, the aforesaid competent department of culture shall fine it 30, 000 yuan up to 50, 000 yuan concurrently. If it refuses to make corrections or has caused any serious consequences, the original license issuing organ shall revoke its commercial performance license.

Where a commercial performance advertisement contains any misleading or deceptive content or any other illegal content, the administrative department of industry and commerce shall order the violator to stop issuing such advertisement and punish it in accordance with the law.

Article 49

Where a hosting entity of performances or its legal person or major person-in-charge or any other directly liable person obtains any economic benefits from any charity performances, the competent department of culture of the people's government at the county level or above shall, according to its authority functions, order it (him) to make a refund to the donee entity. If any crime is constituted, it (he) shall be subject to criminal liabilities according to law. If no crime is constituted yet, the competent department of culture of the people's government at the county level or above shall, according to its authority functions, fine it 3 times up to 5 times of the amount of the illegal gains, and the competent department of culture of the State Council or the competent department of culture of the people's government of the province, autonomous region or municipality directly under the Central Government shall announce its (his) name to the general public, or even the original license issuing organ shall revoke the commercial performance license of the hosting entity.

Where a cultural and artistic organization or performer or staff member obtains any economic benefits from any charity performances, the competent department of culture of the people's government at the county level or above shall, according to its authority functions, order it (him) to make a refund and deliver the money to the donee entity.

Article 50

Where any entity or person violates the provisions of the first paragraph of Article 9 of this Regulation due to its failure to file an application with the original license issuing organ for replacing its commercial performance license by a new one after changing the name, domicile, legal person or major person-in-charge, the competent department of culture of the people's government at the county level shall order it to make correction, give it a warning and fine it 10, 000 yuan up to 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 of this Regulation due to its (his) failure to go through the archival filing formalities, the competent department of culture of the people's government at the county level shall order it (him) to make corrections, give a warning and fine it (him) 5, 000 yuan up to 10, 000 yuan.

Article 51

Anyone who commits any of the following acts shall be punished by the public security department or by the public security and fire control institution according to its statutory functions in accordance with the law. If any crime is constituted, it (he) shall be subject to criminal liabilities according to law:

(1)

Violating the relevant provisions of this Regulation on the safety and fire prevention management; or

(2)

Counterfeiting or altering commercial performance tickets, or buying in counterfeited or altered tickets and selling them at a profit.

Where a hosting entity of performances produces or sells commercial performance tickets whose number exceeds the approved audience number or which are beyond the audience area, the public security department of the people's government at the county level or above shall, according to its authority functions, order it to make corrections, confiscate its illegal gains and fine it 3 times up to 5 times of the amount of the illegal gains. If there are no illegal gains or if the amount of illegal gains is less than 10, 000 yuan, the aforesaid public security department shall fine it 30, 000 yuan up to 50, 000 yuan concurrently. If it causes any severe consequences, the original license issuing organ shall revoke its commercial performance license. If any crime is constituted, it shall be subject to criminal liabilities according to law.

Article 52

Any cultural and artistic performance organization or performance brokerage institution, whose commercial performance license is revoked by the competent department of culture due to its violation of this Regulation, shall go through formalities for the modification or cancellation registration in the administrative department of industry and commerce. If it fails to do so within the time limit, its business license shall be revoked.

Where a business entity of performance place, self-employed performance broker or self-employed actor violates this Regulation, and the circumstances are serious, the competent department of culture of the people's government at the county level or above shall, according to its authority functions, order it (him) to stop the business activities of commercial performances and notify the administrative department of industry and commerce, which shall revoke its business license. Where a business entity of performance place is engaged in other businesses, the administrative department of industry and commerce shall order it to complete the modification registration; if it fails to do so, its business license shall be revoked.

Article 53

In case anyone is revoked of the commercial performance license by the competent department of culture, or is revoked of the business license by the administrative department of industry and commerce or is ordered to modify the registration due to violating this Regulation, if the violator is an entity, its legal person or person-in-charge shall not take up the position of the legal person or major person-in-charge of any cultural and artistic performanceorganization, performance brokerage institution or business entity of performance place within 5years; if the violator is an individual and is a self-employed performer, he shall not engage in commercial performances within 1 year; if the violator is a self-employed performance broker, he shall not engage in the activities as intermediary or agency of commercial performances.

In case anyone is revoked of the commercial license by the competent department of culture, or is revoked of the business license by the administrative department of industry and commerce or is ordered to modify the registration because the commercial performances fall within any of the prohibited circumstances as mentioned in Article 26 of this Regulation, it (he) shall not engage in the activities such as intermediary, agency and brokerage any longer.

Where anyone has been subjected to 2 administrative punishments in 2 years due to violating this Regulation, and if he commits any new violation and shall be subject to punishment under this Regulation, he shall be given a heavier punishment.

Article 54

Where any people's governments or government departments illegally offer financial support or sponsor any commercial performances or does 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 act against public finance. The relevant entity shall be given a warning or circulated a notice for criticism . The directly liable person-in-charge and other directly liable persons shall be given a sanction of serous offence; if the circumstances are serious, they shall be degraded or dismissed from their posts; if the circumstances are extremely serious, they shall be discharged.

Article 55

Any staff member of a competent department of culture, public security department or administrative department of industry and commerce who abuses his power, neglects his duties, seeks private benefits or fails to perform his duties pursuant to this Regulation shall be given an administrative sanction according to law. If any crime is constituted, he shall be subject to criminal liabilities according to law.

Chapter VI Supplementary Provisions

Article 56

The people's government of each province, autonomous region or municipality directly under the Central Government may formulate concrete measures for the management of commercial performances of self-employed folk performers.

Article 57

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