(promulgated by Decree No. 46 of Shenzhen People’s Government on June 8, 1995; revised by Decree No. 135 of Shenzhen People’s Government on August 26, 2004)
Chapter One General Provisions
Article 1 In order to implement the Administrative Regulations of Shenzhen Special Economic Zone on Cultural Market (hereinafter referred to as the Regulations), these Implementing Rules are formulated according to the provisions of Article 57 of the Regulations.
Article 2 Every unit and individual who engage in culture operation in Shenzhen Special Economic Zone shall observe national law, national regulations, the Regulations and these Implementing Rules, accept the supervision and inspection by the administrative department of cultural market, and carry out culture operation according to law.
Chapter Two Administrative Departments and their Functions and Duties
Article 3 The administrative department of culture in Shenzhen Municipality shall be responsible for making the development planning of cultural market of the whole municipality, making the overall layout, carrying out macroeconomic control and carrying out administration to the following culture operational projects:
1. singing halls and dancing halls;
2. profitable artistic performances, fashion shows, performances and competitions of international standard dances, and professional artistic performances hold by locals;
3. wholesale, retail and operational broadcasting of audio and video products;
4. wholesale and retail of books, newspaper or magazines on secondary market;
5. displays, sales and auctions of artistic calligraphies and paintings;
6. displays, sales and auctions of cultural relics;
7. agent institutions of culture or entertainment;
8. electronic game halls;
9. variety recreational activities.
The municipal administrative department of culture shall be responsible for examining and approving the culture operation projects stipulated in the provisions of Item 1, 2, 8 or 9 of the preceding paragraph according to relevant national rules.
Article 4 The district administrative departments of culture shall carry out administration to the following culture operation projects:
1. karaoke bars and recreational sites for artistic performances or karaoke which are set inside of teahouses, coffee shops or restaurants;
2. retail and lease of audio or video products;
3. retail and lease of books, newspaper or magazines;
4. retail of artistic calligraphies or paintings;
5. operational trainings of culture or art;
6. billiards or snooker game rooms;
7. individual recreational activities.
The district administrative department of culture shall be responsible for examining and approving the culture operation projects stipulated in the provisions of Item 1, 2 or 7, and the retail of audio or video products stipulated in the provision of Item 3 of the preceding paragraph according to relevant national rules.
Article 5 The municipal and district administrative departments of culture shall be responsible for examining and approving culture operation projects according to their respective functions and duties.
The municipal administrative department of culture may authorize a district administrative department of culture to administer a culture operation project under its authority of examination and approval.
Article 6 The administrative department of culture shall investigate into and punish the operation activity which is committed without the License of Culture operation or beyond the scope ratified by the license and therefore constitutes an illegal activity.
Article 7 The administrative department of industry and commerce shall investigate into and punish the operation activity which is committed without the Business License or beyond the scope ratified by the license and therefore constitutes an illegal activity.
Article 8 The department of public security shall administrate and supervise over the public order and fire control in the culture operation sites, and shall train and assess the security personnel in the culture operation sites.
Article 9 The administrative department of tax, sanitation or environment protection shall carry out administration to the cultural market according to their respective functions and duties.
Chapter Three Requirements and Procedures of Application
Article 10 Any unit or individual who wants to engage in a culture operation project for a long term and is required to apply for the License of Culture operation according to national provisions shall put forward an application for initiating the project to the administrative department of culture with the examination and approval authority.
The following documents shall be contained in an application for initiating a project:
1. an application letter;
2. materials proving the identification of the person who is in charge of the site;
3. materials of equipments and facilities;
4. materials of the managerial organ and its staff;
5. use right certification of the house where the operation takes place, and the map of its address.
Every applicant shall fill in the Application Form of Shenzhen Municipality for Culture Operation after completing the preparation of all documents to be submitted.
Article 11 Anyone who wants to engage in a culture operation project temporarily and is required to apply for the License of Culture operation according to national provisions shall put forward an application for the Temporary License of Culture Operation or the Temporary License of Operational Performance to the administrative department of culture with the examination and approval authority.
Article 12 The administrative department of culture shall make a decision of approval or disapproval within 10 working days upon accepting an application, and shall inform the applicant within 3 working days if the application is required to be submitted to the municipal government or its superior competent department for approval.
Article 13 If the administrative department of culture fails to reply to an applicant about his application for initiating a project or starting business within the legal period, the applicant may apply for administrative review or bring administrative litigation according to law.
Chapter Four Administration
Article 14 Every operator shall hang his License of Culture operation and Business License at his operation place, and shall operate according to the scope ratified in the licenses.
Article 15 Any operator who wants to change an item stipulated in the License of Culture operation shall apply for altering registration to the administrative department of culture with jurisdiction.
Article 16 The annual inspection system shall be carried out in the administration to cultural market according to relevant national rules. Every operator shall go to the original examination and approval department for accepting the annual inspection in December every year.
Article 17 The administrative department of culture shall collect managerial fees, which shall be a certain portion of the operation incomes, from operators, and shall charge them for the special fund for cultural development according to relevant provisions of the Guangdong Province or municipal government.
The managerial fees and special fund for cultural development shall be paid off before the 10th of every month or within 10 days after the temporary culture operation accomplishes.
It is required to use the bills printed by the administrative department of finance and implement the relevant administrative provisions on administrative and institutional charging when collecting managerial fees and charging for the special fund for cultural development.
Article 18 A site for culture operation shall be regarded automatically as closed down if it is not open for business within half a year after the approval is made. The License of Culture Operation related shall be revoked by the original department of examination and approval.
Article 19 The performance qualification mentioned in the provisions of Paragraph 2 of Article 23 of the Regulations refers to the License of Operational Performance (hereinafter referred to as the performance license), which shall be acquired by a performing group of Shenzhen after it passes the examination conducted by the municipal administrative department of culture, or the approval of a relevant administrative department of culture which shall be acquired by a performing group coming from another area of this country or from abroad according to relevant provisions.
Every performing group shall carry the performance license or the approval document when conducting operational artistic performances.
Article 20 When a performing group or individual conducts an operational artistic performance at an operational performing site, a written contract shall be made and the municipal administrative department of culture shall be informed of the performance in writing.
No performing group or individual may conduct any operational artistic performance at any operational performing site without the performance license or without completing the formalities of examination and approval.
Article 21 The recreational sites for artistic performance or karaoke which are set inside of teahouses, coffee shops or restaurants shall be administrated the same way as the sing halls, dancing halls and Karaoke bars.
Chapter Five Inspection Organs and Officials
Article 22 The inspection organ of cultural market shall be the organ supervising and inspecting the culture operation activities under the leading of administrative department of culture.
The municipal inspection organ of cultural market shall be responsible for the inspection to the cultural markets in the whole municipality, coordinate and arrange the cultural inspection actions of the whole municipality, and guide the district inspection organs of cultural market in their professional work.
The district inspection organ of cultural market shall be responsible for the inspection to the culture operation activities which are within its jurisdiction and are examined and approved by it, and shall report to the municipal inspection organ of cultural market in time when it finds, in its district, an illegal activity in the culture operation which is examined and approved by the municipal inspection organ of cultural market.
Article 23 The municipal administrative department of culture shall train and assess the inspection officials of cultural market of the whole municipality, and grant them the Inspection Certificate of Cultural Market of the People’s Republic of China (hereinafter referred to as the inspection certificate.
Article 24 The inspection organs and officials of cultural market shall fulfill the following functions and duties:
1. inspecting culture operation units routinely;
2. investigating into culture operation units and activities based on the inspection results, civilian’s prosecutions or civilian’s disclosure;
3. detaining or sealing up the tools, equipments or articles involved in an illegal operation activity jointly with the relevant administrative department or according to the provisions of law, regulations or rules;
4. suggesting relevant department to praising or awarding the operation units and individuals observing the provisions of law, regulations and rules.
Article 25 Every inspection organ and official of cultural market shall observe the following rules when fulfilling their functions and duties:
1. performing duties according to the procedures stipulated by law, regulations or rules;
2. keeping secret his checked or copied documents or materials, and protecting the person who prosecutes or discloses an illegal activity from being revealed;
3. enforcing law impartially and being honest in performing official duties.
Article 26 It is prohibited for inspection officials of cultural market to commit any one of the following activities:
1. engaging in culture operation by any means;
2. extracting properties from an operation unit directly or in disguised form by taking advantage of his power or work;
3. fulfilling his functions or duties in an illegal way;
4. shielding or being partial to an operator under investigation or penalty;
5. fabricating, falsifying, hiding, destroying or diffusing evidence;
6. disclosing the details of a case or the schedule of an inspection action.
Chapter Six Inspection Procedures
Article 27 Every inspection official of cultural market shall produce his inspection certificate when performing his duties.
Article 28 When an inspection official finds an illegal activity in an on-the-spot inspection to a culture operation unit or a cultural activity, he shall fill in the Record of On-the-spot Inspection of Cultural Market.
The Record of On-the-spot Inspection of Cultural Market shall reflect the facts and be signed by the party. If the party refuses to sign, the inspection official of cultural market shall make necessary explanation in the record.
Article 29 The inspection officials of cultural market shall detain or seal up the illegal properties recognized in an inspection or investigation jointly with a relevant administrative department or according to the provisions of law, regulations or rules.
The List of Detained or Sealed up Properties shall be filled when detaining or sealing up properties. The detained illegal properties shall be registered, put in storage, and kept by a special person. No one may occupy any detained property, or get any detained property out storage without permission.
Article 30 An inspection official of cultural market may impose a fine of no more than 2,000 on the spot according to the Regulations and these Implementing Rules once he is authorized by the administrative department of culture.
When a penalty is imposed on the spot, more than 2 inspection officials of cultural market shall be on the scene.
Article 31 If there is a case to be placed on file for investigation, the inspection organ of cultural market shall fill in the Application Form for Placing a Case on File, and shall get approval from the administrative department of culture of the same level.
Article 32 The following evidence shall be collected during the case investigation:
1. the on-the-spot inspection record of cultural market;
2. the written statement materials of parties;
3. the inspection dictations (including the dictations of witnesses);
4. the technical appraising results of the detained objects;
5. the sound, picture and film recording materials;
6. the letters, accounts, invoices and other articles involved in the case.
Article 33 When a case investigation is concluded, the inspection organ of cultural market shall, based on the facts and according to the law, regulations or rules, make the Case Investigation Report and submit it to the administrative department of culture for deliberation.
The administrative department of culture shall deal with the case according to the following rules:
1. the case shall be cancelled if it holds that the prosecution is inconsistent with the facts or the evidence is insufficient;
2. a decision of imposing administrative penalty shall be made if it holds that there are clear facts and irrefutable evidence to support the prosecution of an illegal activity;
3. the case shall be transferred to a relevant department to deal with if it holds that the party violates the administrative provisions on public security, industry and commerce or tax;
4. the case shall be transferred to the judicial organ to deal with if it holds that the party violates the criminal law and commits a crime.
Article 34 When the administrative department of cultural market imposes an administrative penalty, it shall make the Notification of a Penalty Decision and serve the notification to the party.
Article 35 The bill for confiscation or fine which is printed uniformly by the administrative department of finance shall be wrote at the same time a confiscation or fine is imposed.
Article 36 When a case is settled down, the inspection organ of cultural market shall make the Case Settlement Report, submit the report to the administrative department of culture, and close the case after it approves.
The Case Settlement Report shall be put in a volume for record together with the documents and evidence of the case.
Article 37 If a party punished does not agree with the decision of administrative penalty made by the administrative department of culture, he may apply for review according to the provisions of the Regulations of Administrative Review, or bring litigation before the people’s court according to the Law of the People’s Republic of China on Administrative Litigation.
Article 38 The administrative department of culture shall supervise the administrative law-enforcing activities conducted by the inspection organs of cultural market of the same or lower level.
Chapter Seven Rewards and Punishments
Article 39 The administrative department of culture shall circulate a notice of commendation or give a material reward, and grant an honor certificate to the unit or individual who makes great contribution to flourish the socialist culture and operates by law.
Article 40 The administrative department of culture shall award those who have rendered great services in prosecuting or disclosing illegal or criminal activities in culture operation by prizes which shall be a certain portion of the value of the seized illegal articles, or the total amount of seized illegal gains.
Article 41 The administrative department of culture or the people’s government shall circulate a notice of commendation, granting an honor certificate, granting a reward of promotion or granting a material reward to the managerial or inspection official who enforces law impartially, is honest in performing his duties or makes outstanding contributions to the management or inspection of cultural market in the special zone.
Article 42 The period for stopping business for internal rectification which is stipulated in the Regulations and these Implementing Rules shall be no longer than 3 months.
Article 43 No operator may apply for engaging in culture operation within 1 year after his License of Culture Operation or Temporary License of Culture Operation is revoked.
Article 44 Anyone who expands his operation scale without permission in violation of the provisions of Article 14 of these Implementing Rules shall be confiscated his articles for operation and illegal gains, and shall be imposed a fine of 1 times the illegal gains by the administrative department of culture. Anyone who fails to hang a license as required by Article 14 shall be imposed 500 yuan.
Anyone who fabricates or falsifies the License of Culture Operation shall be imposed a fine of 20,000 yuan by the administrative department of culture with jurisdiction.
Article 45 Anyone who violates the provisions of Article 15 of these Implementing Rules shall be ordered to go through the required formalities by the administrative department of culture with jurisdiction, and shall be revoked his License of Culture Operation by the department if he refuses to go through the formalities within the time limit.
Article 46 Anyone who fails to accept annual inspection in time in violation of the provisions of Article 16 of these Implementing Rules shall be imposed a fine of 2,000 yuan and be ordered to accept the annual inspection within a limited time by the administrative department of culture, and shall be revoked his License of Culture Operation by the department if he refuses to accept the annual inspection within 3 months.
Article 47 Anyone who fails to pay the managerial fees or special fund for culture development in violation of the provisions of Paragraph 1 or 2 of Article 17 of these Implementing Rules shall be ordered to make up the money, and be imposed an overdue fee of 2‰ of his operation income per day by the collecting department, and shall be revoked his License of Culture Operation by the administrative department of culture if he refuses to pay within half a year.
Article 48 Anyone who conducts operational artistic performance without the License of Performance or approval document in violation of the provisions of Article 19 of these Implementing Rules shall be ordered to stop performing, be confiscated his illegal gains, and be imposed a fine of 1 times the illegal gains by the administrative department of culture.
Article 49 Anyone who violates the provisions of Paragraph 2 of Article 20 of these Implementing Rules shall be confiscated his illegal gains and be imposed a fine of 1 times the illegal gains by the administrative department of culture.
Article 50 Anyone who violates the provisions of Article 26 of these Implementing Rules shall be imposed an administrative penalty of warning, recording a demerit, recording a serious demerit, degrading, dismissing from post or expelling according to the seriousness of the circumstance by the administrative department of culture, and shall be investigated for criminal responsibility by the judicial organ if his activity constitutes a crime.
Chapter Eight Supplementary Provision
Article 51 These Implementing Rules shall enter into effect as of the date of promulgation.
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