(Order 11 of the People's Republic of China
The Provision on Management of Foreign-Related Culture-and-art performances and exhibitions of the Ministry of Culture is promulgated and takes effect as of August 1st, 1997.
Minister Liu Zhongde
June 2nd, 1997)
Chapter 1 General Rules
Article 1 This provision is enacted with the purpose of enhancing the management of foreign-related culture-and-art performances and exhibitions in accordance with related regulations.
Article 2 The foreign-related culture-and-art performance referred to in this provision involves: exchanges of domestic and overseas exhibitions including a variety of music, dancing, various drama, acrobatics, circus, juggle, puppet and shadow plays, folk art performances, costumes and fashion shows, andQigongperformance, etc.
The foreign-related culture-and-art exhibition referred to in this provision involves exchanges between China and other countries, including all forms of arts, crafts, photography, calligraphy, stone inscription, seal cutting, costumes, and art collections, as well as specialized art exhibitions, etc.
Article 3 This provision is applicable to the following activities:
(1) The culture-and-art performances and exhibitions specified in the cultural agreement and cooperation documents between China and foreign governments;
(2) The non-commercial culture-and-art performances and exhibitions conducted through folk channel between China and foreign countries;
(3) The commercial and profitable culture-and-art performances and exhibitions conducted between China and foreign countries;
(4) Other foreign-related culture-and-art performances and exhibitions in the category of culture exchange.
Article 4 Additional administrative measures of cultural relics exhibition in foreign-related culture-and-art exchanges shall be prescribed.
Article 5 The foreign-related culture-and-art performances and exhibitions shall comply with the overall situation of national diplomatic work and the overall situation of socialist spiritual civilization construction.
Article 6 The Ministry of Culture is responsible for the management and macro-adjustment of national foreign-related culture-and-art performances and exhibitions, and exercises the following rights:
(1) To generally arrange and organize the implementation of planned foreign-related culture-and-art performances and exhibitions.
(2) To coordinate and balance the foreign-related culture-and-art performances and exhibitions among provinces, autonomous regions, municipalities, central government and state organs such as ministries and commissions, the system of Peoples' Liberation Army, and national folk communities.
(3) To approve or disapprove item application of foreign-related culture-and-art performances and exhibitions. Those under other special regulations in the Provision are not in the collar.
(4) To approve or disapprove the application of culture-and-art performances and exhibitions through personal channel by individuals of the central government, state organs such as ministries and commissions, the system of the People's Liberation Army and national folk communities.
(5) To identify the qualification of organizers who conduct foreign-related commercial and profitable culture-and-art performances and exhibitions in the central government, state organs such as ministries and commissions and their subordinated organs.
(6) To examine, approve and identify the qualification of operational organs that are engaged in foreign-related commercial and profitable culture-and-art performances and exhibitions (or promotion sales).
(7) To supervise and inspect foreign-related culture-and-art performances and exhibitions as well as exhibition organizations and activities.
(8) To investigate illegal affairs with serious negative influence in foreign-related culture-and-art performances and exhibitions.
(9) Other rights in the jurisdiction of the Ministry of Culture.
Article 7 The Cultural Bureau in each province, autonomous region and municipality is the department in charge of foreign-related culture-and-art performances and exhibitions in its jurisdiction area, and exercises the following rights:
(1) To generally arrange and organize the implementation of planned foreign-related culture-and-art performances and exhibitions in its own province, autonomous region, and municipality;
(2) To coordinate and balance foreign-related culture-and-art performances and exhibitions in the local area;
(3) Responsible for the preview, approval and execution of the qualification identification of foreign-related culture-and-art performances and exhibitions, foreign-related commercial and profitable culture-and-art performances, and exhibitions (or promotion sales) organizations in the local area;
(4) To approve or disapprove the application of postponement within 20 days of local foreign-related non-commercial culture-and-art performances and exhibitions approved by the Ministry of Culture;
(5) To approve or disapprove application of culture-and-art performances and exhibitions abroad through personal channels by individuals in the local area;
(6) To identify the qualification of organizers of foreign-related non-commercial culture-and-art performances and exhibitions;
(7) To examine, approve and identify the qualification of local operational places that are engaged in foreign commercial and profitable culture-and-art performances and exhibitions (or promotion sales) in China;
(8) To supervise and inspect local operational organizations and their foreign-related culture-and-art performances and exhibitions;
(9) To assist the superior leading organs or related departments in investigation of illegal affairs in local foreign-related culture-and-art performances and exhibitions;
(10)Other rights in jurisdiction of the cultural bureaus of provinces, autonomous regions and municipalities.
Article 8 The items approved in article 7 (4), (5), and (7) shall be recorded to the Ministry of Culture for file.
Chapter 2 Authorization of Organizer's Qualification
Article 9 The Ministry of Culture applies the qualification authorization system to organizers that are engaged to foreign-related culture-and-art performances and exhibitions.
Article 10 The following departments and organs are authorized to be engaged in foreign-related non-commercial culture-and-art performances and exhibitions:
(1) The Ministry of Culture, and local governments as well as its cultural bureaus of each province, autonomous region and municipality;
(2) The central organs, state ministries and commissions, the system of the People's Liberation Army and national folk communities with the duty of foreign cultural exchanges approved by the Ministry of Culture;
(3) The local departments and communities with the duty of foreign cultural exchanges approved by the cultural bureau of each province, autonomous region and municipality;
(4) The operational organizations with the qualification of conducting foreign-related commercial and profitable culture-and-art performances and exhibitions (promotion sales) approved by the Ministry of Culture;
(5) The operational places with qualification of conducting foreign commercial and profitable culture-and-art performances and exhibitions in China approved by the cultural bureau in each province, autonomous region and municipality.
Article 11 According to the Provision, the Ministry of Culture and the cultural bureau in each province, autonomous region and municipality authorize the qualification in accordance with the task and task property, business and organizing ability of the applicants when they accept the item application of foreign-related non-commercial culture-and-art performances and exhibitions.
Article 12 The operational organizations that apply for the qualification of conducting foreign-related commercial and profitable culture-and-art performances and exhibitions shall bear the following conditions:
(1) The operation and ability of foreign cultural exchanges approved by the Ministry of Culture, or the cultural bureau of each province, autonomous region and municipality;
(2) Independent legal personal qualification and business license;
(3) Corresponding fund, equipment and fixed offices necessary for foreign cultural activities;
(4) Corresponding professional managers and organization ability for foreign-related culture-and-art performances and exhibitions;
(5) Sound foreign exchange financial management system and full-time finance and accounting managers.
Article 13 The operational places that apply for foreign commercial and profitable culture-and-art performances and exhibitions (promotion sales) shall bear the following conditions:
(1) The conditions stipulated in article 12 (2), (3), (4), (5) in the Provision;
(2) Fixed operational places and equipment suitable to performances and exhibitions;
(3) Safety, fire control and sanitation facility in line with national regulations.
Article 14 The authorization procedure for qualification identification of operational organizations and places to conduct foreign-related commercial and profitable culture-and-art performances and exhibitions:
(1) Have operational organizations or places stipulated in articles 12 and 13, and bring forward the application to the cultural bureau of each province, autonomous region and municipality or the central organs and state ministries and commissions, the system of the People's Liberation Army and national folk communities with the duty of foreign cultural exchange;
(2) The local cultural bureau, central organs or state ministries and commissions, the system of the Peoples' Liberation Army and national folk communities shall preview qualification authorization of operational organizations, and then issue valid certificate, and bring forward application to the Ministry of Culture;
(3) The qualification authorization of operational places is in the charge of the cultural bureau of each province, autonomous region and municipality;
(4) For application, operational organs shall offer business license, credent certificate, asset utilization certificate, longevity certificate of professionals and financial system document.
(5) Besides the above information, operational organizations shall also offer related license issued by the cultural administrative department and the Safety Compliance Certificate issued by the Public Security Department.
(6) The Ministry of Culture and related cultural bureau of each province, autonomous region and municipality shall examine and approve the application within 60 days from the receipt of the application according to related national regulations, and then issue the operation qualification certificate for foreign-related commercial and profitable culture-and-art performances and exhibitions (promotional sales) to the eligible applicants.
Article 15 The regular review systemshall be applied to theoperational organizations and places that have obtained the qualification of foreign-related commercial and profitable culture-and-art performances and exhibitions (promotion sales).
For the operational units no longer complying with the conditions specified in articles 12 and 13, the qualification authorization departments have the right to annul or suspend their operational qualification of foreign-related commercial and profitable culture-and-art performances and exhibitions (promotion sales).
Chapter 3 Contents of Export and Import Items
Article 16 The following items of culture-and-art performances and exhibitions shall be encouraged to export:
(1) Those carrying forward the outstanding traditional culture of the Chinese Nation;
(2) Those publicizing achievements of Chinese modernization;
(3) Those embodying today's Chinese culture-and-art levels;
(4) Those maintaining national integrity and ethical unity;
(5) Those benefiting the friendship between Chinese people and other peoples around the world.
Article 17 The following items of culture-and-art performances and exhibitions shall be prohibited from exporting:
(1) Those harming national interests and image;
(2) Those violating national diplomatic guidelines and policies;
(3) Those going against Chinese ethical unity and national unification;
(4) Those preaching feudal superstition and silly folk customs;
(5) Those impairing nationhood or selfhood on performance or appear coarse and inferior on art;
(6) Those going against the religious beliefs and fold customs of the guest country;
(7) Those maybe impairing the relationship between China and other countries;
(8) Other contents prohibited by laws and administrative regulations.
Article 18The following items of culture-and-art performances and exhibitions shall be encouraged to import:
(1) Those excellent and of the world level;
(2) Those with healthy contents and of artistic reference value;
(3) Those of traditional culture and national folk art;
(4) Those helping to promote public art appreciation level;
(5) Those promoting the friendship between China and other countries.
Article 19 The following items of culture-and-art shall be prohibited to import:
(1) Those going against national system and policy, and bespattering national image of China;
(2) Those affecting social stability of China;
(3) Those causing national ethical division, disrupting national unification;
(4) Those interfering in Chinese internal affairs;
(5) Those with corruptive and decadent motives or vulgar and crazy forms;
(6) Thosepreaching superstition, pornography, violence, horror and drug;
(7) Those impairing health of the audience;
(8) Those going against ethic regulations;
(9) Those maybe influencing the friendship between China and other countries;
(10)Other contents prohibited by laws and administrative regulations.
Article 20 The Ministry of Culture shall confine the import of art works with international popularity and original art form, but falling short of Chinese folk customs or causing serious social disputes. Items of this kind shall be allowed not for public performances or exhibitions, but for reference and view and emulation for domestic professionals.
Chapter 4 Procedure of item examination and approval
Article 21 Approval Procedure of Items:
(1) The item host unit, according to administrative subjection relationship, brings forward item application to the central organs and state ministries and commissions, the system of the People's Liberation Army and national folk organizations, the cultural bureaus of provinces, autonomous regions and municipalities which bear the duty of foreign cultural exchanges, and attach the related information;
(2) The above-mentioned charging departments examine the item application and related information.
Article 22 For the exchange items of culture-and-art performances and exhibitions set in the forms of cultural agreement and cooperation document between Chinese and foreign governments, the Ministry of Culture shall make duties known to the lower level, and each region and unit shall implement them carefully.
Article 23 For the exchange items of non-commercial culture-and-art performances and exhibitions developed through folk channels between China and foreign countries, the Ministry of Culture shall ascertain duties and notify the related departments or cultural bureaus of provinces, autonomous regions and municipalities to implement specifically; otherwise, the institutions with the qualification of foreign cultural exchange report to the Ministry of Culture for implementation after approval according to specified procedures.
Article 24 The commercial and profitable culture-and-art performances and exhibitions (promotion sales) by China and foreign countries must be subject to the institutions, sites or organizations with the qualification of foreign-related commercial and profitable culture-and-art performances and exhibitions (promotion sales) authorized by cultural administration for application, and then reported to the Ministry of Culture for approval through local cultural bureaus, central organs or state ministries and commissions, the system of People's Liberation Army with subjection relationship.
For only those items approved by the Ministry of Culture, the agreement may be signed with foreign parties and reported to the Ministry of Culture to keep record.
Article 25 The application report for items of foreign-related non-commercial art performance and exhibition shall include the following materials:
(1) Names and background information of host units or individuals;
(2) Names of program organizations, staff buildup and name list;
(3) Program contents, time, place, number of showings, outlay source and paying manner;
(4) Video tapes, exhibition photos and captions of all programs;
(5) For export programs, the foreign invitation paper or the letter of intent drafted by both sides and with contents included in items (2) and (3) in this article shall be attached in.
Article 26 Theitem declaration of foreign-related commercial and profitable culture-and-art performances and exhibitions (promotion sales) shall offer the following materials:
1. After ensuring the creditworthiness of foreign brokers, the Chinese party signs the letter of intent. The letter of intent shall include:
(1) Country, name and home state of the program organizers or individuals;
(2) Program content, time, place and staff buildup;
(3) Number of showings of performances or exhibitions;
(4) Responsibilities of international return journey fee, freight, insurance fee, lodge and accommodation, local traffic fee, medical care fee, performance and exhibition facility cost, labor cost, publicity cost and daily living expenses;
(5) Price, payment and paying manner, and income distribution method;
(6) Clauses on default and claim for compensation.
2. Qualification certificate for foreign-related commercial and profitable performances and exhibitions (promotion sales);
3. Related background information and credit certificate of the foreign cooperative party;
4. Video tapes, exhibition photos and captions of all programs;
5. Appraisal to the program or content of the works made by the cultural and administrative departments (worldwide famous drama and works exclusive);
6. For the application of export items, the applicant art troupes or exhibition teams shall offer agreements between the related art troupes, exhibition museums or other departments.
Article 27The exchange items of non-commercial culture-and-art performances and exhibitions developed between China and friendship provinces, states and cities of foreign countries shall be reported to the Ministry of Culture for approval according to procedures in the Provision.
Article 28 The exchange items of commercial and profitable culture-and-art performances and exhibitions and overseas acrobatics performances between China and friendship provinces, states and cities of foreign countries, and exchange items of culture-and-art performances and exhibitions beyond friendship provinces, states and cities shall be reported to the Ministry of Culture for approval according to procedures in the Provision.
Article 29 For overseas panda performances of Chinese acrobatics teams, it is subject to the Ministry of Culture and the Ministry of Foreign Affairs and the Ministry of Forestry, which report it to the State Council for approval.
Article 30For performance of other precious animals out of China or into China,it shall be reported to the Ministry of Culture for approval according to the Provision and transact related animal quarantine and passing in-and-out procedures.
Article 31 The exchange items of culture-and-art performances and exhibitions with countries and regions without diplomatic relationship shall be subject to the Ministry of Culture and the Ministry of Foreign Affairs, which report it to the State Council for approval according to the procedures of examination and approval.
Article 32 The organization of foreign-related culture-and-art performances and exhibitions across departments, or provinces, autonomous regions and municipalities shall attach the paper of agreement of related departments or cultural bureaus of the provinces, autonomous regions and municipalities, and then report to the Ministry of Culture for approval.
Article 33 The items of foreign-related culture-and-art performances and exhibitions reported to the Ministry of Culture for approval shall be reported to the Ministry of Culture two months ahead of the item implementation according to the procedures of examination and approval.
Chapter 5 Program Management
Article 34 No institutions or individuals shall make a commitment or sign a formal contract with the foreign party on culture-and-art performances and exhibitions (promotion sales) without the approval of the Ministry of Culture.
Article 35 The application units of foreign-related culture-and-art performance and exhibition items must be the host or sponsor of the items. Purchase or sale or transfer of items or part of an item is prohibited.
Article 36 The culture-and-art performances and exhibitions team sent abroad shall:
(1) Strictly reinforce internal management and discipline when staying abroad;
(2) Overseas activities shall be subject to the leadership of Chinese embassy in that local country;
(3) It is prohibited to take advantages of culture-and-art performances and exhibitions for travel or covert travel, disapproved business activities, or some deeds impairing nationhood and selfhood.
Article 37 It is prohibited to conduct foreign exchange programs of culture-and-art performances and exhibitions in the name of labor import or export, or through the channel of traveling or visiting relatives and friends.
Article 38 The contractor of foreign-related culture-and-art performances and exhibitions must abide by related national regulations, and be subject to the management, supervision and examination of cultural administration, Customs, administration for industry and commerce, financial departments, taxation departments, pricing departments, public security departments, public health departments, quarantine departments, auditing departments and other related departments.
Article 39 If the host units want to change the item contents of foreign-related culture-and-art performances and exhibitions approved by the Ministry of Culture or change the already approved contents of the letter of intent when signing the formal contract, they shall apply for another approval 30 days ahead of the specific item implementation.
Chapter 6 Penalty Rules
Article 40 Any party once has one of the following acts going against the Provision, the cultural administrations above provincial level shall issue warning, fine, suspension or abolition of the qualification for foreign cultural exchanges of the party. If composing criminal cases, the related parties shall be prosecuted for criminal responsibilities by laws:
(1) Sending or inviting culture-and-art performances and exhibitions teams without approval;
(2) Prolonging overseas or domestic performance time without approval;
(3) Signing performance contract and exhibition contract or conduct business movement without approval;
(4) Buy in project certificates for selling at a profit;
(5) Gammoning in project application;
(6) Being engaged in performances and exhibitions impairing nationhood and selfhood;
(7) Causing serious affect or foreign dissension.
The aforementioned penalty can be prosecuted together.
Article 41 To departments or regions with the above acts in Article 40, the cultural administration above provincial level shall issue circular for criticism, or issue punishment of suspension of foreign cultural programs.
Article 42 Those who go against the Provision and cause economic loss to the country and collective, shall be charged of compensation, and the related parties and leaders shall be investigated of the responsibilities.
Article 43 To those who misconduct and embezzle for personal interest and abuse authority in the administrative management of foreign-related culture-and-art performances and exhibitions, the charging departments shall charge the party and direct upper-level leaders with corresponding administrative punishment according to the seriousness degree of their acts. If composing criminal cases, the related parties shall be prosecuted for criminal responsibilities by laws.
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