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Procedures of Shanghai Municipality on the Administration of Public Cultural Centers
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| (Promulgated by Shanghai Municipal People's Government on September 22,1997) Article 1 (Purpose) The present Procedures are formulated with a view to strengthening the management of public cultural centers of Shanghai Municipality, bringing into full play the role of public cultural centers in enhancing the cultural quality of the citizens and promoting the civilization of the city, and boosting the development of cultural undertakings. Article 2 (Definition) Public cultural centers specified in the present Procedures refer to those government-run, public welfare cultural organizations which are open to the public, organize and guide the mass cultural activities. They include cultural centers run by the municipality, districts (counties) and sub-districts (towns and townships). Article 3 (Scope of Application) The present Procedures apply to the establishment, utilization and supervision and management of the public cultural centers within the administrative area of Shanghai Municipality. Article 4 (Principles of Establishment) Public cultural centers shall be set up in accordance with the levels of administrative areas. Municipal and district (county) public cultural centers shall be set up within the administrative areas of the Municipality and districts (counties); sub-district (villages and towns) public cultural centers shall be set up within the administrative areas of sub-districts (villages and towns). Article 5 (Competent Authorities and Coordinating Institutions) Shanghai Municipal Cultural Bureau (hereinafter referred to as the Municipal Cultural Bureau) is the department responsible for the administration of public cultural centers within the Municipality. District (county) cultural administrative departments are responsible for the administration of public cultural centers within their jurisdiction. The administrative departments of financial, planning, personnel, price control, construction, housing and land at various levels shall, in the light of their own duty, assist the cultural administrative departments in implementing the present Procedures. Article 6 (Planning of Establishment) The Municipal Cultural Bureau shall work out a plan for the establishment of the municipal public cultural centers jointly with other departments concerned and put it into implementation after it is submitted to and approved by the Municipal People's Government. The district (county) cultural administrative departments shall, in the light of the municipal plan for the establishment of public cultural centers, work out a plan for the establishment of public cultural centers within the districts (counties) and put it into implementation after it is submitted to and approved by the district (county) government. Article 7 (Standard of Architectural Design and Acceptance Check upon Completion) Building, renovating or extending a public cultural center shall conform to the architectural design standard of public cultural centers. The public cultural centers newly built, renovated or extended shall be used only after it passes the acceptance check upon completion. The Municipal Cultural Bureau or district (county) cultural administrative departments shall attend the acceptance check upon completion of the public cultural centers. Article 8 (Area of Centers) The total construction area of district (county) and sub-district (villages and towns) public cultural centers should reach 50 square meters per thousand people, of which the construction area of the district (county) public cultural centers should be no less than 5000 square meters while that of the sub-district (villages and towns) public cultural centers should be no less than 1200 square meters. The construction area of a municipal public cultural center should be prescribed separately. Article 9 (Registration of Using) Municipal and district (county) public cultural center shall register with the Municipal Cultural Bureau within 30 days after they have been built and put into use. Sub-district (villages and towns) public cultural centers shall register with the district (county) cultural administrative departments within 30 days after they have been built and put into use. Article 10 (Termination and Change) The merge, separation, close-down of a public cultural center, or change of the address or the name of a public cultural center shall be submitted to the cultural administrative departments for approval and go through the necessary formalities of re-registration with the cultural administrative authorities when either of the merge, separation, closing, change takes place. Article 11 (Providing Staff Members) Municipal and district (county) public cultural centers shall have a certain number of technical and management professionals. Detailed requirements for providing them shall be separately prescribed by the Municipal Cultural Bureau together with the Municipal Personnel Bureau. The director of a public cultural center shall be trained by the Municipal Cultural Bureau and pass the test before assuming the post. Article 12 (Allocation and Change of Equipment and Facilities) The public cultural centers shall, in the light of actual need, provide or replace special equipment and facilities. Article 13 (Development of Public-welfare Cultural Activities) The public cultural centers shall develop the following public-welfare cultural activities: 1. Organizing activities of amateur artistic creation, performance and exhibition and providing rehearsal space for the amateur art performance group; 2. Providing free access to reading magazines and newspapers and organizing special cultural and artistic activities free of charge; 3. Organizing people to learn art, keeping them informed of current affairs and political events and teaching them science and technology by way of lectures and training courses; 4. Collecting, arranging and making use of the local, national or folk artistic form and organizing people-to-people exchange of the folk culture and art; and 5. Developing the academic research of mass cultural theories, compiling books and data of mass cultural theories and establishing the file of the local mass cultural activities. Article 14 (Development of Cultural and Recreational Activities and Other Business Activities) Public cultural centers may develop different kinds of cultural and recreational activities. If the facilities and space of a public cultural center are used in profit-making cultural activities or other business activities, it shall, in the light of the relevant state and municipal stipulations, register with the cultural administrative departments and go through the necessary formalities of examination and approval. Article 15 (Professional Guidance) The Municipal Cultural Center shall provide professional guidance to the district(county) and sub-district (villages and towns) cultural centers while the district (county) cultural centers shall provide professional guidance to the sub-district (villages and towns) cultural centers. The public cultural centers shall provide professional guidance to mass cultural activities. Article 16 (Houses for Public-welfare Cultural Activities) The houses of public cultural centers used in public welfare cultural activities (hereinafter referred to as houses for public-welfare cultural activities) as stipulated in Article 13 shall be kept in strict management and protection and not be put into other uses at random. If the adjustment is indeed needed due to special circumstances, the public cultural center shall register with the cultural administrative departments for approval and then have the user work out measures to provide a house for public-welfare cultural activities in the local area within a specified time. The construction area of the house for public welfare cultural activities in the district (county) public cultural center shall be more than 2500 square meters. The house of sub-district (villages and towns) public cultural center is mainly used in developing public-welfare cultural activities, and the detailed requirements of the construction area of the house is stipulated by the people's government of the district or county where it is located. It is prohibited to sub-lease or lend the house for public-welfare cultural activities to others for business activities. Article 17 (Stipulations on Charges) The public cultural centers may charge service cost when developing public-welfare cultural activities, excluding the service that shall be free as stipulated in the present Procedures. The detailed standard of the service is stipulated separately by Shanghai Municipal Bureau of Finance, Municipal Bureau of Price Control and Municipal Bureau of Culture. Article 18 (Opening Time) The public cultural centers shall be open every day (including official holidays), the daily opening time shall be no less than 8 hours. Article 19 (Funds Raising) The funds of the public cultural centers is raised in the following ways: 1. Financial allocations by different levels of government and subsidies by sub-district offices; 2. Gaining by its own business activities; or 3. Donations and contributions by society. Article 20 (Supervisions on the Use of the Funds) The public cultural centers shall actively raise funds for public welfare cultural activities. The funds for public welfare cultural centers shall be used specially for a fixed purpose, subject to the supervision of finance, auditing and cultural administrative departments and not be retained or misappropriated by any unit or individual. Article 21 (Check-up) The Municipal Cultural Bureau shall work out check-up methods to check on the public cultural centers. The Municipal Cultural Bureau and district (county) cultural administrative departments shall, in the light of check-up methods, make regular check on different levels of public cultural centers. Article 22 (Sanctions against Violations of the Present Procedures Concerned) Anyone who commits the following violations of the present Procedures shall be ordered by the Municipal Cultural Bureau or district (county) cultural administrative departments to stop the violations or correct the wrongdoings within a definite time and a notice of criticism shall be circulated; the direct responsible person shall be given an administrative punishment by his or her unit or responsible departments. 1. The use, merge, separation, close-down or change of the public cultural centers without going through the formalities of registration; 2. Merging, or separating, or closing down public cultural centers or changing their addresses and names without approval; 3. Developing public-welfare cultural activities without conforming to the stipulations; 4. Changing the use of the house for public-welfare cultural activities to other uses without approval; 5. Subleasing or lending the house to others for business activities other than public-welfare cultural activities; 6. Making use of the facilities and the space of the public cultural centers to develop business activities without the approval of cultural administrative departments; 7. The public cultural center is open not according to the stipulated time; or 8. Retaining and misappropriating the funds of public-welfare cultural activities in the public cultural centers. Article 23 (Treatment of the Relative Items Before the Present Procedures Are Implemented) The public cultural centers set up before the implementation of the present Procedures shall, in accordance with the time limit set by the Municipal Cultural Bureau and the relevant stipulations in the present Procedures, go through the formalities of re-registration. Article 24 (Department for Implementation of Application) The Municipal Cultural Bureau shall be responsible for the interpretation of the implementation of the present Procedures. Article 25 (Date of Implementation) The present Procedures shall become effective on January 1,1998. |
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