Regulations of Shenzhen Special Economic Zone on the Administration of the Culture Market

(Originally adopted at the eighteenth meeting of the Standing Committee of the First Shenzhen Municipal People's Congress on September 10, 1993. As revised in accordance with the Decision on Revision of Regulations of Shenzhen Special Economic Zone on the Administration of the Culture market of the nineteenth Meeting of the Standing Committee of the Second Shenzhen Municipal People' s Congress on December 17, 1997.)

Chapter ¢ñ General Provisions

Article 1 These regulations are formulated in accordance with relevant laws, regulations and the actual circumstances of Shenzhen Special Economic Zone (hereinafter referred to as Special Zone), for the purpose of strengthening the administration of the culture market of Special Zone, prospering and developing socialist culture, and promoting the construction of socialist spiritual civilization in Special Zone.

Article 2 The following cultural operation activities are governed by these regulations:

(1)     operations of song and dance halls, Karaoke halls, music tea houses, electronic video-games arcades and other integrative amusement projects;

(2)    reproduction, sale, lease and commercial show of the audiovisual products;

(3)    sale and lease of the books, newspapers or periodicals and other publications;

(4)    sale and exhibition of the handwritings, artistic products and other works of culture and art£»

(5)    commercial literary and artistic performances;

(6)    commercial cultural and artistic trainings;

(7)    brokering activities of culture and entertainment;

(8)    commercial performances of fashion team£»

(9)    other culture operations stipulated by laws and regulations.

Article 3 The operation activities of culture market must persist in the direction of serving the people and socialism, uphold the principle of "letting a hundred flowers bloom and new things emerge from the old" , and emphasize the social benefits.

Special Zone encourages any healthy and beneficial works of culture and art as well as culture operations, prohibits and suppresses the cultural dregs and culture operations whose contents are reactionary, obscene or pile on violence.

Article 4 Any unit or individual engaging in culture operation activities in Special Zone must observe national laws, regulations as well as these regulations, receive the examination and supervision of the administrative department for culture market, and carry out cultural operation activities according to law.

Chapter ¢ò Administrative Department and Administrative Duties

Article 5 The Shenzhen administrative department for the cultural affairs is the competent department responsible for the administration of the culture market. Under the leadership of Municipal People' s Government, the administrative department for the culture affairs is responsible for the implementation of these regulations, together with relevant administrative department responsible for public security, industry and commerce, tax affairs, hygience and environment protection.

Article 6 Culture market is administered by different levels. The municipal and district administrative department for the cultural affairs are responsible respectively for the administration of culture market in the corresponding administrative division, according to their respective duties and competencies.

Article 7 The powers and duties of the administrative department for cultural affairs in administration of culture market are the followings:

    (1) to propagate and implement laws and regulations relevant to the management of culture market;

(2) to set up and improve the regulatory regime of culture market;

(3) to examine, approve and issue the "License of Cultural Operation" in accordance with its competency;

(4) to check, supervise all kinds of cultural operation activities, as well as investigate and prosecute illegal activities;

(5) to train cultural operative and managerial personnel;

(6) to administer other affairs that shall be under the management of the administrative department for cultural affairs.

Article 8 The duties of other administrative department for culture market are the followings:

The public security department is responsible for the management and supervision over the public security as well as fire prevention and control of the commercial culture establishment, and investigates and prosecutes illegal activities.

The administrative departments for tax affairs, hygiene and environment protection administer the culture market in accordance with their respective powers and duties.

Chapter ¢ó Applying Conditions and Procedures

Article 9 The units and individuals who apply for engaging in cultural operation activities, shall satisfy the following conditions:

(1) having necessary capitals and corresponsive equipments;

(2) land lot is suitable, having fixed location which accords with the conditions of public security, fire prevention and control, hygience as well as environment protection;

(3) having the employed personnel who has the required professional expertise (the entertainment establishment shall have security personnel);

(4) the contents of operation are healthy and beneficial;

(5) other necessary conditions stipulated by laws and regulations.

The units and individuals shall offer corresponsive certificates and materials.

Article 10 As to the application for long-term project of cultural operation, according to the procedure of "reporting for approval firstly, preparing later" , the applicant shall file an application to the administrative department for the culture affairs for filing an item. The administrative department for the culture affairs shall give answers within 10 working days from the date on receiving the application for filing an item. If the item is approved, the applicant can make preparation; If the application is not approved, the administrative department for the cultural affairs shall explain the reasons in writing when giving the reply.

As to setting up the project of culture and entertainment broker operation, the operator may file an application for start of business directly, which shall be examined and approved by municipal administrative department for the cultural affairs in accordance with relevant provisions of the State.

Article 11 When the preparation of the project is completed, the applicant may file an application for start of business to the administrative department for the cultural affairs. The administrative department for the cultural affairs shall send relevant materials to the departments of public security, hygiene and environment protection for examination in the aspect of fire prevention and security, etc, within 3 working days from the receipt of the application for start for business; The departments of public security, hygiene and environment protection shall give a written reply and send it to the administrative department for the cultural affairs within 10 working days from the receipt of the materials. The administrative department for the cultural affairs shall make the decision of approving, not approving temporarily or not approving the application for start of business within 7 working days form the receipt of the reply from the departments of public security, hygiene and environment protection. For the approved application, the administrative department for cultural affairs shall issue the "License of Cultural Operation" ; For the application not being approved or not being approved temporarily, it shall give written reasons.

Having gone to the administrative department for commerce and industry to conduct relevant formalities of registration with "Permit for Cultural Operation" and the tax affairs department to conduct the tax registration, the applicants may start the business.

If the project is not being approved for preparation, the application for start of business shall not be accepted.

Article 12 If the applicant is not satisfied with the decision of not approving the application for filing an item or the application for start of business made by the administrative department for cultural affairs, he may apply for review to the municipal administrative department for cultural affairs or the administrative organization of reconsideration in the municipal people' s government according to relevant provisions, and may also file an administrative litigation to people' s court according to law.

Article 13 The engagement in the following temporal cultural operations shall firstly be approved by the administrative department for cultural affairs or reported to the municipal people' s government or the superior competent department for approval according to relevant provisions of the State. The administrative department for cultural affairs shall send a duplicate of the approval decisions to relevant departments of public security and tax affairs etc.

(1) commercial performances in Special Zone by foreign literature and art organizations or actors;

(2) commercial performances by the social teams;

(3) exhibitions of handwritings, artistic products and other works of culture and art;

(4) commercial cultural and artistic trainings;

(5) commercial performances of art and fashion as well as art contexts at entertainment places;

(6) other temporal culture operations.

As to temporal large-scale culture and entertainment operations, if the conditions of fire control, traffic and security of the holding place and environment need to be examined, the administrative department for cultural affairs shall ask the department of public security for examination.

Chapter ¢ô Administration

Article 14 It is prohibited to engage in salacious activities in the song and dance halls, Karaoke halls, music tea houses, places for video show and other culture and entertainment places.

It is prohibited to perform and show the programs that are reactionary, obscene or pile on violence.

Article 15 It is prohibited for the song and dance halls, Karaoke halls and music tea houses to hire, offer or shelter the personnel who escort to drink, sing and dance with the aim of making profits.

Article 16 The operators shall not permit the juveniles who have not reached the age of 18 to enter the song and dance halls, Karaoke halls and music tea houses unless they are accompanied by their parents or teachers.

Article 17 It is prohibited for the operators to open gamble with the electronic video-games and other amusement projects. Anyone is prohibited to gamble with the electronic video-games and other amusement projects.

In non-festivals and non-holidays, the operators shall not permit the juveniles who have not reached the age of 18 years old to enter electronic video-games arcades.

Article 18 The sale and lease of the video products shall be operated by the unit which has gained the "Business License" for such business according to law.

Video show places shall only be operated by the unit which has gained the "Business License" for such business. The opener shall not contract or lease it to others to operate.

Article 19 The video fixation for commercial show, audiovisual products, books and newspapers or periodicals for sale or lease must be the publications published and distributed publicly by the publishing unit approved by the State and the publications that are approved to be imported in and permitted to be operated by relevant department of the State.

Article 20 The operator shall not import, produce and show the audiovisual products, books, and newspapers or periodicals that are reactionary, obscene or pile on the violence.

Article 21 If the operator sells the handwritings, artistic products and other works of art, he shall mark the author' s name, nationality and the time when the author lives in.

The imitating pictures and the duplicates shall be marked the words of "imitating picture" and "duplicate" .

Article 22 The units and individuals organizing the commercial performance shall assure the performance' s quality.

The units and individuals engaging in commercial cultural training shall assure the training' s quality.

Article 23 The culture and entertainment brokers, if they have not conducted the formalities of examination and approval, shall not organize commercial cultural performances.

All kinds of commercial performance establishments shall not admit the performance teams or individuals that have not obtained the qualification of starting business or performance to carry out commercial cultural performances.

Article 24 It is prohibited for the operators to assign or lease the "Permit for Cultural Operation and Business License" .

The operators shall not assign the cultural operation projects to others to operate without the approval of the administrative department for the cultural affairs.

Article 25 The contents of the advertisements and playbills of the cultural operations must be authentic, and shall not solicit the audience with the obscene or violent pictures and words.

Article 26 When exercising the public function, the administrative personnel shall be more than two and shall show the "Inspection Certificate" uniformly printed by the municipal administrative department for cultural affairs or "Certificate On Duty" of other administrative departments.

Article 27 The administrative department for cultural affairs shall make public the working system and the result of handling affairs, and receive the public surveillance; The staff members shall enforce the law justly, and shall not engage in malpractices for personal gains or abuse their powers.

Article 28 The administrative department for cultural affairs and other relevant administrative departments shall inspect and handle the public surveillance and report timely.

The unit receiving the report shall keep confidential for the reporter.

Article 29 The administration to the performance of national professional literature and art organizations, the publication, duplication and distribution of the books, newspapers or periodicals and audiovisual products, as well as the operations of the film, television, broadcast and the state bookstore shall be conducted in accordance with relevant provisions of the State.

Chapter ¢õ Rights and Obligations of the Operator

Article 30 The lawful rights and interests of the operator are protected by the laws of the State. If the lawful rights and interests of the operator are infringed by any individuals or units, he has the right to impeach, expose, accuse and appeal.

Article 31 The operator has the right to refuse the inspection from those who are not from the administrative departments or have no "Inspection Certificate" or "Certificate On Duty" , and has the right to boycott the withholding or revoking of "Permit for Cultural Operation" or "Business License" from those who are not from the administrative department for cultural affairs or the administrative department for commerce and industry.

Article 32 If the operator suffered from losses because the administrative departments or the inspectors engage in malpractices for personal gains or abuse their powers, he has the right to ask for compensation and may denounce and accuse to their superior competent department or file a litigation to the people' s court.

Article 33 The operator has the obligation to maintain the order of the cultural operation establishment and prevent the activities contrary to the social morals.

Article 34 The operator has the obligation to assure the safety and sanitation of the cultural operation establishment and prevent environmental pollution.

Article 35 When the administrative personnel exercise a public function with the certificates, the operator shall cooperate initially, produce certificates and licenses as well as provide relevant materials, and shall not hinder or refuse the inspection.

Article 36 The operator has the obligation to pay tax according to law and has the right to boycott the illegal charges.

Chapter ¢ö Awards and Penalty

Article 37 As to the excellent literature and art performances as well as cultural operation projects, which contribute to promoting and developing the national splendid culture, the people' s government shall encourage, support and reward them.

As to the units and individuals who have outstanding contributions to prosperity of the culture in Special Zone, the administrative department for culture affairs shall commend and reward them.

Article 38 As to the meritorious personnel who denounce and expose the illegal and criminal activities and the civil servants of the State who enforce the law justly, have integrity and are public-spirited, and have made outstanding contributions to the management of the culture market of Special Zone, the administrative department for cultural affairs or people' s government shall commend and reward them.

Article 39 If the operator commences business arbitrarily without approval and conducting relevant formalities, violating the provisions of Article 11 of these regulations, the administrative department for cultural affairs or the administrative department for commerce and industry shall order him to stop the operation, confiscate relevant operating articles and illegal gains, and impose a fine one time of the illegal gains.

Article 40 If the operator operates or performs arbitrarily without approval, violating the provisions of Article 13 and Article 23 of these regulations, the administrative department for cultural affairs shall order him to stop the operation, confiscate the illegal gains, and impose a fine less than 5,000 RMB or one time of the illegal gains.

Article 41 If the operator violates the provisions of Article 14 of these regulations, the administrative department for cultural affairs or the administrative department for public security shall impose a fine more than 10,000 yuan but less than 50,000 yuan; If the circumstances are serious, the department for cultural affairs shall order him to stop doing business for internal rectification, until revoke the "Permit for Cultural Operation" , and the department of public security deals with the person liable or the parties according to law. If it constitutes a crime, the criminal responsibilities shall be prosecuted by the judicial department in accordance with the law.

        Article 42 If the operator violates the provisions of Article 15 of these regulations, the administrative department for cultural affairs shall impose a fine more than 10,000 yuan but less than 30,000 yuan; If the circumstances are serious, the administrative department shall order him to stop doing business for internal rectification, until revoke the "Permit for Cultural Operation" .

Article 43 If the operator violates the provisions of Article 16 and Article 17 of these regulations, the administrative department for cultural affairs shall order him to rectify and impose a fine of 2,000 yuan.

Article 44 If the operator engages in gambling, violating the provisions of the first paragraph of Article 17 of these regulations, the department of public security deals with the parties in accordance with the law; If the operator opens gamble, the administrative department for cultural affairs shall revoke the "Permit for Cultural Operation" ; If it constitutes a crime, his criminal responsibilities shall be prosecuted by the judicial department in accordance with the law.

Article 45 If the operator violates the provisions of Article 19 of these regulations, the administrative department for cultural affairs shall confiscate the illegal audiovisual products, books and newspapers or periodicals, as well as the illegal gains, and impose a fine more than 2,000 yuan but less than 10,000 yuan; If the circumstances are serious, the "Permit for Cultural Operation" shall be revoked.

Article 46 If the operator violates the provisions of Article 20 of these regulations, the administrative department for cultural affairs or the department of public security shall confiscate the illegal gains and relevant products and publications, and impose a fine more than 5,000 yuan but less than 20,000 yuan; If the circumstances are serious, the administrative department for cultural affairs shall revoke the "Permit for Cultural Operation" . The person liable shall be dealt with by the department of public security in accordance with the law; If it constitutes a crime, the criminal responsibility shall be prosecuted by the judicial department.

Article 47 If the operator violates the provisions of Article 21 of these regulations, the administrative department for cultural affairs shall order him to rectify; If the circumstances are serious, the administrative department for cultural affairs shall confiscate the goods for sale prohibited by the provisions of these regulations, or impose a fine less than one time of the illegal gains at the same time.

Article 48 If the operator violates the provisions of the first or second paragraph of Article 24 of these regulations, the administrative department for cultural affairs shall revoke the "Permit for Cultural Operation" .

Article 49 If the operator violates the provisions of Article 25 of these regulations, the administrative department for cultural affairs shall order him to rectify within a specified time, and may impose a fine of 2,000 yuan at the same time; If the operator fails to mend his way despite repeated violations, the administrative department for cultural affairs shall order him to stop the operation activities to rectify business.

Article 50 If the personnel of the administrative department for cultural affairs violate the provisions of Article 27 of these regulations, engaging in malpractices for personal gains or abusing their powers, in case it doesn' t constitute a crime, they shall be given disciplinary sanction; If it constitutes a crime, the criminal responsibilities shall be prosecuted by the judicial department.

Article 51 If the administrative department for cultural affairs violates the provisions of the first paragraph of Article 28 of these regulations, failing to inspect and handle the public report timely, the relevant department shall give disciplinary sanction to relevant persons liable.

If the working personnel of the unit who receive the report violate the second paragraph of Article 28 of these regulations, failing to keep confidential for the reporter and cause economic losses or personal damages to the reporter, the unit receiving the report shall compensate the economic losses to the victim and give disciplinary sanction to the persons who divulge the secret.

Article 52 If the operator violates the provisions of Article 35 of these regulations without using force, the administrative department for cultural affairs, to which the personnel on duty belong shall impose a fine more than 500 yuan but less than 2,000 yuan; If the operator uses force, the person liable shall be given penalty in accordance with Regulations of the People's Republic of China on Administrative Penalties for Public Security; If it constitutes a crime, the judicial department shall prosecute the person liable for criminal responsibility according to law.

Article 53 If the operator has been punished for more than 3 times by the administrative department for cultural affairs, and he refuses to rectify yet, the administrative department for cultural affairs shall revoke the "Permit for Cultural Operation" .

Article 54 If the cultural operating units or individuals are revoked the "Permit for Cultural Operation" , the administrative department for cultural affairs shall inform the administrative department of industry and commerce to deal with them according to law.

Article 55 In accordance with these regulations, if two or more administrative departments have powers to impose a penalty on property to the same illegal activity, the illegal activity shall be punished by the department that accepts firstly. The same illegal activity shall not be punished repeatedly.

Article 56 If the punished person is not satisfied with the punishment of the relevant municipal or district department, he may apply for reconsideration to the superior competent department of the department which has made the punishment decisions or the organization for review of the municipal or district people' s government within 15 days from the receipt of the punishment notice, or may file a lawsuit to the people' s court. The review body shall make a review decision within 2 months from the receipt of the written application. If the applicant is not satisfied with the review decision made by the review body yet, he may file a lawsuit to the people' s court within 15 days from the receipt of the written review decision. If he fails to apply for reconsideration or file a lawsuit after the specified time limit and fails to execute the punishment decision, the department that made the punishment shall conduct compulsory enforcement according to law or apply to the people' s court for compulsory enforcement.

Chapter ¢÷ Supplementary Provisions

Article 57 Shenzhen Municipal People' s Government may enact implementing rules in accordance with these regulations.

Article 58 "Temporary" referred to in these regulations means non-recurring; and the lasting time shall not exceed 3 months.

"Video products" referred to in these regulations include video cassettes and laser video disks, etc.

"Obscene" referred to in these regulations means describing sexual activities concretely or publicizing eroticism broadly.

The works introducing human physiology or medicinal knowledge and the artistic products showing the beauty of human body don' t belong to obscene products.

The literatures having artistic values and being mingled with some obscene contents shall not be regarded as obscene products.

Article 59 These regulations shall go into effect as of December 1, 1993.