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Administrative Measures of Foreigners Participating in Performing Activities in China

(Order 15 of the Ministry of Culture of the People’s Republic ofChina

The Administrative Measures of Foreigners Participating in Performance Activities inChinahas been adopted in the ministerial affairs meeting of the Ministry of Culture on March 11, 1999. It shall now be promulgated and come into effect.

Sun Jiazheng, Minister of Culture of the People’s Republic of China

March 24, 1999)

Article 1 These measures are formulated, in accordance with theLaw of the People’s Republic of China on Control of the Entry and Exit of Expatriatesand theAdministrative Provision for Commercial Performance, with the view to enhance the management of performing activities participated by foreigners in China, and maintain the regular order of the performance market.

Article 2 These measures are applicable to the following persons without Chinese nationality:

(1) Persons working in Chinese enterprises and institutions and their relations accompanying them;

(2) Persons working in foreign enterprises, organizations and foreign representations inChinaand their relations accompanying them;

(3) Persons working for foreign representations of international organizations and their relations accompanying them;

(4) Foreign students, visiting people or tourists inChina;

(5) Persons coming toChinatemporarily.

These measures are not applicable to foreign performing groups or performers coming toChinaapproved by the Ministry of Culture.

Article 3 Performing activities mentioned in these measures refer to performance with or free of charge provided for the social public. Self-entertainment is an exception.

Article 4 Foreigners participating in performing activities inChinashall comply with these measures.

Article 5 Commercial performing units and broker agencies shall, when inviting foreigners in China to participate in commercial performance or performing activities in commercial entertainment places, apply for an approval from the Ministry of Culture 30 days in advance, and shall, if there is any foreigner in China working in some units, provide an approval correspondence of the unit.

Oversea Chinese students, visiting foreigners or foreign tourists inChinashall not participate in commercial performance or performing activities in commercial entertainment places.

Article 6 Commercial performance units and broker agencies shall, when inviting foreigners inChinato participate in commercial performance activities, organize performance in conformity with the time limit, performance locations and programs approved by the Ministry of Culture. Changes, if any, shall apply for an approval separately.

Article 7 When foreigners inChinaparticipate in non-commercial performance, inviting units shall apply for an approval from the cultural administration of the province, autonomous region or municipalities where it locates 15 days in advance. For foreigners with units working for or studying at, approval correspondence of the unit shall be provided.

Article 8 Non-commercial performances for teaching or research purpose participated by foreign experts or foreign students shall be approved by the schools where they stay; those participated by foreign experts or foreign students of other schools shall seek the approval of the school where they stay.

Article 9 Foreigners inChinashall not organize performance activities in public places like parks, squares, or streets by themselves.

Article 10 Foreigners inChinashall pay taxes for incomes from commercial performances.

Article 11 For cases that foreigners inChinaare invited to participate in commercial performance or performance activities in commercial entertainment places without approval, the cultural administrations shall dispose them in accordance with Article 42 of theAdministrative Provision for Commercial Performance.

Article 12 For cases that foreigners inChinaare invited to participate in non-commercial performance activities without approval, the cultural administrations shall give the organizers warning, ask them to make up procedures within time limit or stop the performances.

Article 13 Foreigners inChinaparticipating in commercial performing activities without authorization shall be disposed by related authorities.

Article 14 These measures are not applicable to cases that foreigners inChinaparticipating in performances in radio or video studios for the making of radio or video programs.

Article 15 The Ministry of Culture reserves the right of interpretation.

Article 16 These measures shall come into effect as of the date of its promulgation.