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GTI Global Network > Current Issue > New Laws
New Laws
The Ministry of Culture of China promulgates the “Measures for the Administration of Entertainment Venues”

 The Ministry of Culture of China promulgated the “Measures for the Administration of Entertainment Venues” (hereinafter referred to as these “Measures”) on February 4, 2013 (by Decree No. 55 of the Ministry of Culture) and will become effective as of March 11, 2013.  The “Regulations on the Administration of Entertainment Venues” (hereinafter referred to as the “Regulations”), which were promulgated and went into force in 2006 (by Decree No. 458 of the State Council of China), have provided legal protection for the examination and approval of the establishment of entertainment venues and for strengthening the supervision over entertainment operating activities.

These “Measures” were innovatively established based on the “Regulations” together with the reality of management in all localities and system innovation in order to further clarify the scope of adjustment of the “Regulations”, clearly define the requirements for entertainment venue establishment, regulate the procedures for examination and approval, strengthen the administrative departments’ service consciousness and raise the efficiency of public services of government.

The process of drafting these “Measures” has complied with the following principles:

1.    The principle of balancing overall social interests.  During the process of formulating these “Measures”, the locations and requirements for the establishment of entertainment venues were the issues concerned by the competent administrative departments of culture at all levels, entertainment venue investors and the public.  On the basis of the “Regulations”, these “Measures” insist on the principles of ruling by law and putting people first to separately handle and achieve overall balance among all interest groups related to the establishment of entertainment venues.
2.    The principle of taking local conditions into account and adopting classified management.  In the aspects of total quantity and deployment planning, the difference in the levels of development between urban and rural areas shall be considered, and regarding the authority to establish standards, more authority shall be allocated to provincial departments for establishing standards that suit local conditions; considering the difference between singing and dancing entertainment venues and amusement-type entertainment venues in the characteristics of their operating activities, different business standards and supervisory emphases shall be established.  
3.    The principle of strengthening services for examination and approval.  To protect investors’ rights and interests, administrative guidance service shall be provided prior to the examination and approval process and on-site inspection service shall be carried out during the examination and approval process; to protect public interests, openness and transparency in the examination and approval procedure shall be ensured, and public announcement and hearing procedures shall be carried out mandatorily.  
4.    The principle of promoting self-discipline in enterprise operations.  Clearly define venue operators’ duties on self-examination of the contents of cultural products at their venues as well as duties of monitoring operating status and duties of reporting law-violating or regulation-violating events.

The main systems for establishing and perfecting these “Measures” include:

(1)    Requirements for the establishment of entertainment venues.  Firstly, an entertainment venue is not allowed to be located in a building that contains an area for residential purpose; secondly, an entertainment venue is not allowed to be located in the neighborhood of a school, hospital or organization in order to fully protect the environment where minors grow up and to clearly define that an entertainment venue is not allowed to be located around those elementary and high schools which meet the rules of the education law of China; and thirdly, local conditions shall be taken into account and the competent administrative departments of culture of the people’s governments at the provincial level shall define the distances between venues and schools, hospitals and organizations and the measuring methods, and the minimum standards for usable area per person in singing and dancing entertainment venues and usable area in amusement-type entertainment venues as well as the requirements for the establishment of entertainment venues in rural areas.

(2)    The system for examining and approving the contents of cultural products at entertainment venues.  The competent administrative departments of culture shall examine the song request systems used by singing and dancing entertainment venues and the contents of games and amusement equipment used by amusement-type entertainment venues.  These “Measures” also stipulate that entertainment venues shall establish the cultural product content self-examining system and make sure that dedicated personnel manages the cultural products and services provided in the venues.

(3)    The administrative guidance system for entertainment venue construction planning.  Given that entertainment venues have been developing towards the trends of scaling up and chain operations and entertainment venues make larger investment, to protect investors’ interests, change the government’s functions and strengthen government services, these “Measures” stipulate that construction planners may submit applications for construction planning consultation to the competent administrative departments of culture that are responsible for examination and approval before they apply for entertainment venue establishment.  The competent administrative departments of culture shall provide administrative consultation and guidance based on the proposed locations and neighborhoods in order to prevent entertainment venues from making blind investment.

(4)    The hearing system for the establishment of entertainment venues.  In order to provide maximum protection for the interests of the public in the neighborhoods of entertainment venues, these “Measures” incorporate the hearing system as a legal element in the examination and approval of entertainment venues and the hearing results shall be used as important references regarding whether examination and approval will be granted.

(5)    Governance on daily activity supervision and administration.  Based on the functions of the Ministry of Culture, these “Measures” stipulate that the departments of culture shall adopt the content supervision-oriented administration system.  For example, the emphasis of supervision on singing and dancing entertainment venues is the supervision of the contents of programs broadcasted and performance activities in the venues while the emphases of supervision on amusement-type entertainment venues are game content regulation and protection of minors.  Moreover, a reporting system for work information and law enforcement information of the departments of culture, public security and industry and commerce shall be established to strengthen coordination among departments.

The process of drafting these “Measures” has fully reflected the mission of open-door legislation and scientific legislation and demonstrated governmental departments’ strict and impartial attitudes.  The trends exhibited such as society’s participation in public policy making and democratic supervision shall also be used as important references and bases for legislation in the future.

The Measures for the Administration of Entertainment Venues

Decree No. 55 of the Ministry of Culture of the People’s Republic of China

After the deliberation and adoption at the ministerial meeting of the Ministry of Culture on January 25, 2013, these “Measures for the Administration of Entertainment Venues” are hereby released and shall enter into force as of March 11, 2013.

Minister Cai Wu
February 4, 2013

The Measures for the Administration of Entertainment Venues

Article 1
These Measures are formulated based on the “Regulations on the Administration of Entertainment Venues” (hereinafter referred to as the “Regulations”) to strengthen the administration of operating activities at entertainment venues, maintain a healthy development of entertainment venues and meet people’s needs for cultural entertainment consumption.

Article 2
Entertainment venues mentioned in these “Measures” refer to profit-making places for singing, dancing and amusement, which are open to the public and for self-entertainment of consumers.  Singing and dancing entertainment venues refer to business venues that provide accompaniment music and song request services or provide dancing music and dancing site service; amusement-type entertainment venues refer to business venues that provide game and amusement services through games or amusement equipment.

Other venues that concurrently engage in the above-mentioned services are subject to these Measures.

Article 3
The State encourages entertainment venues to publicize the excellent national culture and provide cultural entertainment content and services that are open to the public, healthy and beneficial; and encourages entertainment venues to carry out chain operations and branding management.

Article 4
The competent administrative departments of culture of the people’s governments above the county level shall be responsible for supervising operating activities of entertainment venues in their localities, shall be responsible for supervising the contents of cultural products provided by entertainment venues and shall be responsible for the work of guiding local entertainment venue industry associations.

Article 5
Entertainment venue industry associations shall comply with relevant laws and rules of the State and their articles of association to establish industry standards, strengthen self-discipline in the industry and protect legal rights and interests of the industry.

Article 6
An entertainment venue shall not be established at the following locations:
(1)    Inside a building that contains an area for residential purpose;
(2)    Inside a museum, library or building that is a ratified preserved cultural relics entity;
(3)    Residential housing areas;
(4)    Neighborhoods of elementary and high schools that are stipulated by the law of education;
(5)    Neighborhoods of hospitals that have acquired the “practice license of medical institution” in accordance with the “Regulations on the Administration of Medical Institutions” and the Detailed Rules for the Implementation;
(6)    Neighborhoods of committees of the Communist Party of China at all levels and all proprietary departments, the people’s congresses at all levels, the people’s governments at all levels and all proprietary departments, political consultative conferences at all levels, people’s courts at all levels, procuratorates, and democratic party organizations at all levels;
(7)    Densely populated places such as stations and airports;
(8)    Beneath the first basement level of a building (the first basement not included);
(9)    Areas adjacent to warehouses of hazardous chemicals.  The distances to warehouses of hazardous chemicals must comply with the relevant rules of the “Regulations on the Safety Administration of Hazardous Chemicals”.

The distances between entertainment venues and schools, hospitals and organizations and the measuring methods shall be stipulated by the competent administrative departments of culture of the people’s governments at the provincial level.

Article 7The establishment of entertainment venues shall meet the following requirements:
(1)    There shall be facilities and equipment that are compatible with the operating activities of the venues and the contents of cultural products provided shall comply with the rules on the production, publication and importation of cultural products;
(2)    The usable area per person for consumers at a singing and dancing entertainment venue shall not be smaller than 1.5 square meters (except rural areas) and the usable area of an amusement-type entertainment venue shall not be not less than 200 square meters and the usable area does not include non-business areas such as office and warehouse;
(3)    The relevant rules for the State’s public security administration, fire control and environment noise pollution control;
(4)    Other requirements stipulated in laws, regulations and rules.
 
 Article 8
The competent administrative departments of culture of the people’s governments at the provincial level shall be responsible for establishing the standards for the minimum usable area; and shall take local reality into account when establishing the examining standards for the minimum usable area and the number of consumers for entertainment venues in their respective administrative areas, and the examining standards shall not be lower than the standards stipulated in Subparagraph (2) of Article 7 of these Measures.

The competent administrative departments of culture of the people’s governments at the provincial level shall be responsible for establishing the plan of total quantity and deployment of amusement-type entertainment venues in their respective administrative areas and shall announce it to society.

Article 9
Applications for establishing entertainment venues shall be filed to the competent administrative departments of culture of the people’s governments at the county level in their localities; applications for establishing entertainment venues run by Chinese-foreign equity joint ventures or Chinese-foreign cooperative joint ventures shall be filed with the competent administrative departments of culture of the people’s governments at the provincial level in their localities, and the competent administrative departments of culture of the people’s governments at the provincial level may authorize the competent administrative departments of culture of the people’s governments above the county level in their localities to conduct on-site examination.

Article 10
Before applying for establishing an entertainment venue, the construction planner may submit an application for construction planning consultation to the competent administrative department of culture in charge of the examination and approval, and the competent administrative department of culture shall provide the construction planner with administrative guidance.

Article 11
For applying for the establishment of an entertainment venue, the following documents shall be submitted:
(1)    Establishment application form;
(2)    The notice of the pre-approval of enterprise name or business license;
(3)    Organizational structure and the articles of association;
(4)    Identity certificates of investors, legal representative to be appointed and main responsible person, and a written statement saying that the applicant is not under the circumstances stipulated in Articles 4, 5 and 52 of the “Regulations”;
(5)    Housing property ownership certificate, and a lease contract or a letter of intent to lease shall be submitted in case of rental of the business site for operation;
(6)    Location map of the business site;
(7)    Interior structure layout of the site.  For a singing and dancing entertainment venue, compartments, area of compartments and the locations of compartments shall be clearly indicated, and for an amusement-type entertainment venue, the operating locations of game area and amusement area, and the numbers and locations of games and amusement equipment shall be clearly indicated;
(8)    Approval documents from fire control and environment protection departments;

For applying for establishing an entertainment venue run by a Chinese-foreign equity joint venture or Chinese-foreign cooperative joint venture, an approval document from the competent administrative department of commerce shall be submitted.

Article 12
The competent administrative department of culture shall conduct on-site examination of the establishment site’s location, surrounding environment and area after accepting an application.  If the applicant meets the requirements, a public notice to society shall be posted at an obvious place at the establishment site and also at the office of the competent administrative department of culture for ten days, and a hearing shall be organized in accordance with the law.

Article 13
The competent administrative departments of culture shall conduct inspection on the song request systems used by singing and dancing entertainment venues and the contents of the games and amusement equipment used by amusement-type entertainment venues.

Article 14
The competent administrative departments of culture shall make an administrative decision about administrative licenses based on the hearings and the results of the examination of cultural product contents.  If the application is approved, an entertainment operating license shall be granted; if the application is not approved, the applicant shall be provided with a written notice and explanation.

Article 15
If an entertainment venue modifies, expands business site, changes site, or changes investors, investment proportions or the items stated on the entertainment operating license, it shall apply to the original permit issuing organization for reissuance of a new entertainment operating license.

Article 16
If a singing and dancing entertainment venue adds or modifies song request system, or an amusement-type entertainment venue adds or modifies amusement equipment, it shall report to the original permit issuing organization for examination.

Article 17
The entertainment operating license is valid for two years.  30 days before the entertainment operating license expires, an entertainment venue shall carry the license, a duplicate copy of the industry and commerce business license and the business status report to the original license issuing organization for applying for license renewal.  Before the license expires, the original license issuing organization shall make a decision on whether the license will be extended based on the requirements for establishment.  If a decision has not been made within the prescribed time period, it shall be deemed that the extension has been granted.

Article 18
If the entertainment operating license has not been extended when it expires, the original license issuing organization shall announce the cancellation of the entertainment operating license to the public and send a written notification to public security organizations and administrative departments of industry and commerce.

Article 19
The legal representative or main responsible person of an entertainment venue is the first responsible person for maintaining the operating order of the venue.


Article 20
Singing and dancing entertainment venue operations shall comply with the following rules:
(1)    The programs broadcasted or performance activities shall not contain the contents listed in Article 13 of the “Regulations”;
(2)    The song request systems used shall not be connected to offshore music libraries;
(3)    The song request systems used shall not be changed without authorization.

Article 21
Amusement-type entertainment venues shall comply with the following rules:

(1)    Games and amusement equipment with contents that have not been examined and approved by the competent administrative departments of culture shall not be installed;
(2)    Those that engage in prize operating activities shall report the prize directories to the competent administrative departments of culture at the county level in their localities for record filing;
(3)    Games and amusement equipment shall not be changed without authorization;
(4)    Games and amusement equipment shall be operated in separate areas and a clear sign shall be used to divide the areas;
(5)    Minors shall be prohibited from entering the game area except on statutory national holidays.


Article 22
Entertainment venues shall not provide sites for those commercial performance activities that have not been approved by the competent administrative departments of culture.

Those entertainment venues that hire foreigners for performance activities shall comply with the rules of the “Regulations on the Administration of Commercial Performance” and the “Detailed Rules for the Implementation of the Regulations on the Administration of Commercial Performance”.

Article 23
Entertainment venues shall establish the cultural product content self-examination system and the monitoring system and make sure that dedicated personnel are responsible for managing cultural products and services provided in the venues.  Monitoring results shall be recorded in business logs.

In case consumers utilize entertainment venues to engage in law-violating or rule-violating activities, entertainment venues shall stop the activities, and shall promptly report to the competent administrative departments of culture or public security organizations if they fail to stop the activities.

Article 24
An entertainment venue shall display its entertainment operating license and a sign saying minors prohibited from entering or restricted from entering, and the culture market reporting hotline “12318” shall be noted on the sign.

Article 25
An entertainment venue shall cooperate with the competent administrative department of culture on daily inspections and the technical supervision measure.

Article 26
The competent administrative departments of culture shall create a file for entertainment venue credit management and record the status of penalties implemented by the competent administrative departments of culture, public security organizations and administrative departments of industry and commerce as well as the information about legal representatives, main responsible persons and investors.

Article 27
The competent administrative departments of culture shall routinely organize training on policies, laws and rules for personnel of the competent administrative departments of culture, the first responsible persons of entertainment venues and dedicated content management personnel.

Article 28
Those that violate the provisions of the “Regulations” and engage in operating activities of entertainment venues without authorization shall be punished by the administrative departments of industry and commerce and the competent administrative departments of culture of the people’s government above the county level in accordance with Article 40 of the “Regulations”.

Article 29
In case a singing and dancing entertainment venue violates the provisions of Subparagraphs (1) and (2) of Article 20 of these Measures, the competent administrative department of culture of the people’s government above the county level shall impose punishment in accordance with Article 47 of the “Regulations”; and in case of an violation of the provisions of Subparagraph (3) of Article 20 of these Measures, the competent administrative department of culture of the people’s government above the county level shall impose punishment in accordance with Article 48 of the “Regulations”.

Article 30
In case an amusement-type entertainment venue violates the provisions of Subparagraphs (1) and (2) of these Measures, the competent administrative department of culture of the people’s government above the county level shall order it to make corrections and impose a fine of not less than RMB$5,000 but not more than RMB$10,000; in case of a violation of the provisions of Subparagraph (3) of Article 21 of these Measures, the competent administrative department of culture of the people’s government above the county level shall impose punishment in accordance with Article 48 of the “Regulations”; in case of a violation of the provisions of Subparagraph (4) of Article 21 of these Measures, the competent administrative department of culture of the people’s government above the county level shall impose punishment in accordance with Article 50 of the “Regulations”; and in case of a violation of the provisions of Subparagraph (5) of Article 21 of these Measures, the competent administrative department of culture of the people’s government above the county level shall impose punishment in accordance with Article 47 of the “Regulations”.

Article 31
In case an entertainment venue violates the provisions of the first Paragraph of Article 22 of these Measures, the competent administrative department of culture above the county level shall order it to make corrections and impose a fine of not less than RMB$5,000 but not more than RMB$10,000.

Article 32
In case an entertainment venue violates the provisions of Article 23 of these Measures, and fails to take prompt action to stop the law-violating or rule-violating acts and also fairs to promptly make a report in accordance with the law, it shall be punished by the competent administrative department of culture of the people’s government above the county level in accordance with Article 49 of the “Regulations”.

Article 33
In case an entertainment venue violates the provisions of Article 24 of these Measures, the competent administrative department of culture of the people’s government above the county level shall order it to make corrections and give it a warning.

Article 34
In case an entertainment venue violates the provisions of Article 25 of these Measures, the competent administrative department of culture of the people’s government above the county level shall give it a warning and impose a fine of not less than RMB$5,000 but not more than RMB$10,000.

Article 35
These Measures shall enter into effect as of March 11, 2013.

 
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