IV.Compliance of Performance Venues
4.1 Establishment
Applications for the establishment of performance venue operating entity can also be divided into domestic-funded entity, Hong Kong-related entity, Macau-related entity, Taiwan-related entity, and foreign-related entity.
It should be noted that the procedures for the establishment of a performance venue operating entity by domestic-funded and foreign-related entities are not similar.According to the Regulation on the Administration of Commercial Performances and the Chinese Ministry of Culture and Tourism’s practical procedures on this matter, domestic-funded entities only need to record, while foreign-related entities need to approve and obtain the Commercial Performance Licenses.
The establishment of domestic-funded and foreign-related performance venue operating entities has different approval procedures and materials.
4.1.1 Examination and Approval of Establishment of Domestic-Funded Performance Venue Operating Entities
To establish a domestic-funded stage performance venue operating entity, the applicant shall register with the administrative department of market regulation in accordance with the law.After obtaining a business license, the above-mentioned entity shall go through the fire and hygienic approval procedures.Within 20 days from the date of obtaining the license, the license and relevant fire and hygienic approval documents shall be filed with the local county-level administrative department of culture and tourism, and the county-level culture administrative department shall issue a archival filing certificate.
For the archival filing application materials, take Shanghai, China as an example: (1) a registration form for application filled out by the stage performance venue operating entity; (2) a business license (duplicate)(Certificate of Legal Person of Institution, Registration Certificate of Private Non-enterprise Entities); (3) an identity certificate and resume of the legal representative or principal in charge; (4) a real estate certification and rental contract of the stage performance venue; (5) the map and internal floor plan of the stage performance venue; (6) approval documents for safety, fire protection and hygiene of the stage performance venue (such as “Certificate of Fire Safety Inspection before Public Gathering Place is Put into Use” issued by the public security fire department).(https://www.daowen.com)
4.1.2 Examination and Approval of Establishment of Foreign-Related Performance Venue Operating Entities
If a foreign-related entity operating performance venue applies for engaging in performance place operation activities, it shall apply to the administrative department of culture and tourism of the State Council through the administrative department of culture and tourism of the people’s government of the province, autonomous region or municipality directly under the Central Government.The people’s government of the province, autonomous region or municipality directly under the Central Government shall give an examination opinion and submit it to the administrative department of culture and tourism of the State Council within 20 days after receiving the application.The administrative department of culture and tourism of the State Council shall make a decision within 20 days of receipt of the examination opinion from the administrative department of culture and tourism of the people’s government of the province, autonomous region or municipality directly under the Central Government.If it is approved, the relevant department shall issue a Commercial Performance License.If it is not approved, the relevant department shall notify the applicant in writing with reason(s).
The foreign-related stage performance venue operating entity shall submit the following documents when applying for a performing venue business activity: (1) an application form; (2) a business license; (3) a feasibility study report, a contract and the bylaws; (4) the Approval Certificate for a Foreign-Funded Enterprise; (5) a name list and identity certificates of the candidates for the chairman, deputy chairman, directors, or the director, the deputy director, and members of the joint managerial committee as determined by the operating parties; and (6) other documents legally required to be submitted.
4.2 Operation
According to the relevant laws and regulations, the obligations of the performance venue operating entity shall also include but not limited to: (1) ensuring that the buildings and facilities of the performance venue meet the national security and fire protection requirements; (2)setting forth a plan on security protection and a plan on fire control and emergency evacuation; (3) according to the requirements of the public security department, being equipped with security check facilities and conducting necessary security check over the audience entering the spot of the performance place; (4) supervising and maintaining order of the scene.If it is found that the spot of commercial stage performances is in confusion, measures shall be taken immediately and simultaneously report shall be made to the public security department at the county level of the place where the performances are hosted.
The second half of 2019 is a crucial period for China to continue to expand reform and opening up and to launch policies intensively.In addition to the policies mentioned in this chapter regarding the removal of foreign investment restrictions in the field of performance brokerage institutions, the “Notice by the State Council of Launching the Pilot Program for the Reform of ‘Separating Operating Permits from Business Licenses’ in All Pilot Free Trade Zones” issued by the State Council on November 6, 2019 also clearly states that in the Free Trade Zones, approval services shall be further optimized for performance brokerage institutions that are joint ventures and cooperative ventures.In response to a series of policies promulgated by China, foreign investors can make targeted consultations with professional lawyers and seek the most suitable policy support in conjunction with their own business.
