III.Compliance of the Performance Itself
3.1 Approval
In China, the commercial stage performance operating entity is required to apply for permission from the competent cultural authority before holding a commercial stage performance .This type of performance approval is divided into the following categories according to the regionality of the participating members: domestic approval, Hong Kong-related approval, Macao-related approval, Taiwan-related approval, and foreign-related approval.This chapter focuses on domestic approval and foreign-related approval.The object of examination and approval in China is the stage performance which is only performed by cultural and artistic stage performance groups and individuals within China; the object of examination and approval of foreign-related performances is the stage performance with foreign cultural and artistic stage performance groups and individuals.
As far as the permits required for the performance are held, whether it is domestic approval or foreign-related approval, it is necessary to apply to the administrative departments of cultural and tourism for the relevant “approval documents”.Taking Shanghai, China as an example, the approval document is a “Decision for Granting Administrative Permit”.
As far as the performance approval process is concerned, there are differences in the types of application subjects, subject requirements, departments accepting applications, application materials, and time limits for submitting materials for domestic and foreign-related approval.
3.1.1 Domestic Approval
The subject of domestic examination and approval may meet the subject compliance of Section II of this chapter.Applications for such examination and approval shall be submitted to the culture and tourism administrative department of the people’s government at the county level where the performance is located, and the application materials shall be submitted 3 days before the performance date.The administrative department of culture and tourism of the people’s government at the county level shall make a decision within 3 days from the date of accepting the application.Approval documents will be issued by the above-mentioned department for those who meet the requirements, while approval will not be granted for those who do not meet the requirements in which case the applicant will be notif ied in writing with reasons.
To apply for a commercial stage performance, the application materials submitted shall include the following items: 1.the name of the performance, hosting entity, the cultural and artistic performance group and actors participating in the performance; 2.the date, place and total number of performances; and 3.the programs and the relevant audiovisual materials.To apply for a commercial stage group performance, a written letter agreeing to participate in the performance by a cultural and artistic performance group and actors shall also be submitted.(https://www.daowen.com)
3.1.2 Foreign-Related Approval
Commercial stage performances in which foreign groups or individuals participate shall only be hosted by performance brokerage institutions.However, this provision belongs to administrative mandatory provision rather other the mandatory provisions on validity in paragraph 5,Article 52 of the Contract Law.In the event of violation of the administrative mandatory provisions, people’s courts determine the validity of contracts according to specific circumstances.Besides, cultural and artistic performance groups may invite foreign cultural and artistic performance groups or individuals to participate in commercial stage performances hosted by themselves.
The following conditions shall be met for applying for holding a foreign-related commercial stage performance: 1.having funds that can meet the relevant needs of the commercial stage performances; 2.having two or more years of experience hosting commercial stage performances;and 3.having no record of violating the Regulation on the Administration of Commercial Stage performances within 2 years before hosting the commercial stage performance.
To host commercial stage performances attended by foreign cultural and artistic stage performance groups and individuals, the hosting entity shall file an application with the administrative departments of culture and tourism of the people’s government of the province, autonomous region, or municipality directly under the Central Government where the performance is located, and shall submit application materials 20 days before the performance date.The administrative department of culture and tourism of the people’s government of the province, autonomous region or municipality directly under the Central Government shall make a decision within 20 days after it accepts an application.If the application meets the requirements, it shall grant the applicant an approval document;if it does not, it shall disapprove it and shall notify the applicant in writing and make an explanation.
To apply for a foreign-related commercial performance, in addition to the above-mentioned documents required for domestic approval for applications for holding commercial stage performances, the following documents shall also be submitted: (1) photocopies of the valid identity certificates of the actors; (2) documents certifying more than two years of experience in holding commercial performances; (3) a written statement of no violation of the Regulation on the Administration of Commercial Stage performances within the recent 2 years.
3.2 Compliance Requirements of Performance Content
The organizer of the stage performance shall not hold commercial stage performances in the name of the government or government department， and the words “中国（China）” ，“中华（Chinese）”，“全国（National）”，“国际（International）” etc.may not be used for a commercial stage performance.Commercial stage performances must not have the following circumstances： 1.opposing the basic principles established by the Constitution；2.endangering national unity， sovereignty， territorial integrity and national security， or damaging national dignity and interests； 3.inciting ethnic hatred， ethnic discrimination， infringing upon national customs and practices， harming national feelings as well as undermining ethnic solidarity， or violating religious policies； 4.disrupting social order and social stability； 5.endangering social morality or the fine cultural traditions of the nation； 6.promoting obscenity， pornography， cults， superstition or violence； 7.insulting or defaming others， infringing on others’ lawful rights and interests； 8.acting in a horrible and cruel way which may do harm to actors both physically and mentally； 9.using physical defects or displaying human variation of actors to attract the audience； or 10.other situations prohibited by laws and administrative regulations.