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GTI Global Network > Current Issue > New Laws
New Laws
Notice of the Ministry of Culture on Implementing Policies for the Administration of the Cultural Market in China (Shanghai) Pilot Free Trade Zone

Shanghai Municipal Administration of Culture, Radio, Film and Television:
In order to implement the relevant provisions of the “Notice of the State Council on Issuing the Framework Plan for China (Shanghai) Pilot Free Trade Zone (No. 38 (2013) of the State Council), the relevant policies for the administration of the cultural market in China (Shanghai) Pilot Free Trade Zone (hereinafter referred as the “Pilot Zone”) are hereby adjusted as follows:

I. Foreign-invested performance brokerage institutions and performance venue operating entities are allowed to be established in the Pilot Zone to provide service to Shanghai.

(I) For the establishment of a performance brokerage institution in the form of an equity or contractual joint venture or a wholly foreign-owned performance brokerage institution in the Pilot Zone, an application shall be filed with the competent culture department of Shanghai Municipality.  The competent culture department of Shanghai Municipality shall make a decision within 20 days of receiving the application.

(II) For the establishment of a performance venue operating entity in the form of an equity or contractual joint venture or a wholly foreign-owned performance venue operating entity in the Pilot Zone, the business shall, within 20 days of receiving a business license from the administration for industry and commerce, bring the aforesaid license and the approval documents of the fire protection and health departments to the competent culture department of Shanghai Municipality for recordation and receive a recordation certificate for a performance venue operating entity.

(III) If an equity or contractual joint venture performance institution or a wholly foreign-owned performance institution intends to organize a commercial performance activity in Shanghai Municipality, an application shall be filed with the competent culture department of Shanghai Municipality.  For the organization of commercial performance involving the participation of domestic cultural and art performing groups or actors, a decision shall be made within 3 days of receipt of the application; for the organization of commercial performance involving the participation of foreign parties or parties from Hong Kong, Macau or Taiwan, a decision shall be made within 20 days of receipt of the application.

(IV) If a performance venue operating entity in the form of an equity or contractual joint venture or a wholly foreign-owned performance venue operating entity intends to organize a commercial performing activity in its venue, an application shall be filed with the competent culture department of Shanghai Municipality.  For the organization of commercial performance involving the participation of domestic cultural and art performing groups or actors, a decision shall be made within 3 days of receipt of the application; for the organization of commercial performance involving the participation of foreign parties, or parties from Hong Kong, Macau or Taiwan, a decision shall be made within 20 days of receipt of the application.

II. Foreign-invested entertainment venues are allowed to be established in the Pilot Zone
  
For the establishment of an entertainment venue in the form of an equity or contractual joint venture or a wholly foreign-owned entertainment venue in the Pilot Zone, the business shall conform to the establishment requirements prescribed in such regulations and rules as the “Regulations for the Administration of Entertainment Venues” and the “Measures on the Administration of Entertainment Venues”, and shall file an application to the competent culture department of Shanghai Municipality.  The competent culture department of Shanghai Municipality shall make a decision within 20 days of receiving the application.

III. Foreign-owned enterprises are allowed to engage in the production and sale of game and amusement equipment in the Pilot Zone, and the game and amusement equipment passing the content examination of the competent culture department are allowed to be sold in the domestic market

(I) If a foreign-invested enterprise registered in the Pilot Zone intends to sell self-made game and amusement equipment in the domestic market, an application for content examination shall be filed with the competent culture department of Shanghai Municipality.  The competent culture department of Shanghai Municipality shall make a decision within 20 days of receiving the application, and shall report those that have passed content examination to the Ministry of Culture for recordation and make public announcement.

(II) The game and amusement equipment for domestic sale must not contain the content prohibited by Article 13 of the “Regulations for the Administration of Entertainment Venues”, and the explanation of the appearances, content and game rules of game and amusement equipment shall adopt our country’s commonly used Chinese language characters.

(III) The content reported to the Ministry of Culture for recordation and public announcement shall include: basic information such as the content examination and approval documents of game and amusement equipment, name of the manufacturing enterprise, name of the equipment, basic functions and game rules, and pictures capable of reflecting the appearance of the equipment.

VI. The administrative examination and approval items adjusted in this Notice shall be applicable to those investors from the Hong Kong Special Administrative Region, the Macau Special Administrative Region and the Taiwan Region, and Chinese citizens residing abroad who have invested in or established an enterprise in the Pilot Zone.

Hereby notify.

Reference:            
Ministry of Culture (September 29, 2013)

※The article is published in the GTI Magazine Issue No. 122 in December, 2013.

 
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