Regulations on the administration of cultural markets

Article 1 These Regulations are formulated in accordance with relevant laws and administrative regulations, combined with the actual situation of this province, in order to standardize cultural management, ensure the healthy and orderly cultural market, develop cultural industries, prosper cultural undertakings and promote the construction of socialist spiritual civilization.

Article 2 These Regulations shall apply to the following cultural business activities within the administrative area of this province:

(1) Commercial entertainment;

(2) Commercial performances;

(three) the wholesale, retail and rental of audio-visual products;

(four) the operation of the Internet service business premises;

(5) Internet cultural products management;

(6) management of artworks;

(7) Commercial art training and artistic photography;

(8) cultural brokers;

(9) Commercial art exhibitions and literary competitions;

(ten) other cultural business activities that should be managed according to law.

The wholesale, retail and rental of books, newspapers and electronic publications, the distribution and projection of films, and the operation and management of cultural relics permitted by the state shall be carried out in accordance with relevant laws and regulations.

Article 3 Cultural business activities should adhere to the direction of serving the people and socialism, carry forward the excellent national culture and enrich people's spiritual and cultural life.

Article 4 The cultural administrative department of the provincial people's government shall formulate the overall plan for the development of the cultural market in the whole province. The cultural administrative department of the people's government at or above the county level shall, according to the overall plan for the development of the cultural market in the province, rationally arrange cultural business units within their respective administrative areas according to law, guide cultural business to develop in the direction of industrialization and scale, and encourage the development of cultural industries with local characteristics.

Article 5 People's governments at all levels shall strengthen the construction of rural culture, formulate preferential policies, support and cultivate the development of rural cultural market, and promote the prosperity of rural cultural market.

Encourage enterprises, institutions and individuals to carry out cultural business activities in rural areas.

Article 6 The people's governments at or above the county level shall strengthen their leadership over the management of the cultural market and ensure the funds needed for the management of the cultural market.

The township (town) people's government should strengthen the supervision and management of cultural business activities in this area and give play to the role of township comprehensive cultural stations.

Article 7 The cultural administrative department of the people's government at or above the county level is the competent department of the cultural market within its administrative area, and supervises and manages cultural business activities. The public security department is responsible for the supervision and management of public security, fire safety and information network security involved in cultural business activities in cultural business premises; The administrative department for industry and commerce shall be responsible for the supervision and management of the registration of cultural business units, and investigate and deal with unlicensed business activities according to law.

Press and publication (copyright), telecommunications, transportation, health and other administrative departments shall, in accordance with their respective responsibilities, do a good job in the management of the cultural market according to law.

Article 8 The people's governments at or above the county level or the departments for cultural administration shall commend and reward the units and individuals that have made remarkable achievements in managing and operating the cultural market according to law, as well as the meritorious personnel who have reported and stopped illegal acts. Ninth the establishment of cultural business units or engage in cultural business activities, shall apply to the relevant administrative departments in accordance with the law. To meet the conditions, the relevant administrative departments shall go through the formalities within the statutory time limit.

Article 10 The establishment of commercial entertainment business units, performance brokerage institutions, theatrical performance groups, audio-visual products wholesale, retail, rental units, and Internet service business units must be approved by the administrative department of culture according to law before applying to the administrative department for industry and commerce for a business license. After obtaining the business license, the business unit of entertainment places shall file with the local county-level public security department within 15 days; Performance brokerage institutions and cultural performance groups shall, within 90 days, go to the issuing cultural administrative department for the record.

Article 11 An application shall be submitted to the cultural administrative department of the provincial people's government for the establishment of a commercial Internet cultural unit. The cultural administrative department of the people's government at the provincial level shall, within 20 days from the date of accepting the application, put forward preliminary examination opinions and report them to the cultural administrative department of the State Council for examination and approval.

Article 12 To hold a commercial performance, an application shall be submitted to the cultural administrative department of the people's government at the county level where the performance is located according to law, and it can only be held after approval.

Tickets can only be sold after the commercial performance is approved by the cultural administrative department.

Commercial art exhibitions and literary competitions shall be submitted to the cultural administrative department of the people's government at or above the county level for examination 5 days before the event is held.

Article 13 Art business units, business performance venues, performance brokerage institutions, other cultural brokerage units, business art training and artistic photography camera units shall, within 20 days after obtaining the business license, submit the business license to the cultural administrative department of the people's government at or above the county level for the record.

The publishing and wholesale units of audio-visual products shall inform the cultural administrative department of the people's government at the county level 5 days before holding an order meeting or trade fair of audio-visual products in this province.

Fourteenth individual actors and individual performance brokers shall, within 20 days from the date of obtaining the business license, file with the cultural administrative department of the local people's government at the county level.

Fifteenth laws and regulations to engage in cultural activities need to apply for fire safety, health and other permits, it should be handled according to law. Sixteenth to carry out cultural business activities should adhere to the unity of social benefits and economic benefits.

Article 17 It is forbidden to engage in cultural business activities containing the following contents:

Endangering national sovereignty, unity and territorial integrity;

(two) endangering national security, honor and social stability;

(3) Inciting national division and undermining national unity;

(4) divulging state secrets;

(five) promoting obscenity, pornography, gambling or rendering violence;

(6) Defaming, insulting or infringing upon the lawful rights and interests of others;

(seven) endangering social morality or national excellent cultural traditions;

(8) propagating cults and superstitions;

(nine) other prohibited contents stipulated by laws and regulations.

Eighteenth commercial song and dance entertainment venues, Internet service business units shall not accept minors, and set up obvious signs at the entrance to prohibit minors from entering.

Entertainment places equipped with electronic game machines shall set up obvious signs at the entrance to restrict the entry of minors, and shall not provide electronic games to minors on illegal holidays.

The business unit of the Internet service business place shall check and register the valid certificates such as the ID card of the Internet consumer; Managers of commercial song and dance entertainment places and entertainment places equipped with electronic game machines may require them to produce valid certificates if it is difficult to determine whether they have reached adulthood.

Article 19 Audio-visual products wholesale units and units or individuals engaged in the retail and rental of audio-visual products shall not engage in audio-visual products published by non-audio-visual publishing units or copied by non-audio-visual copying units, shall not engage in audio-visual products imported without the approval of the cultural administrative department of the State Council, and shall not engage in audio-visual products that infringe the copyright of others.

No unit or individual may consign, mail or transport illegal audio-visual products, and may not store illegal audio-visual products for business.

Twentieth business group performances shall be held by performance brokerage institutions, except that the business units of performance venues hold business group performances in their business premises.

Hong Kong, Macao, Taiwan and foreign cultural performance groups or individuals who come to this province for business performances shall be held by performance brokerage institutions. Art performance groups can hold commercial performances on their own, or invite art performance groups and individuals from Hongkong, Macau, Taiwan Province or abroad to participate.

Inviting Hongkong, Macao, Taiwan Province and foreign art performance groups or individuals to perform for business in this province shall comply with the relevant provisions of the state.

Twenty-first business units of commercial performance venues shall not provide performance venue services for unapproved commercial performances.

Twenty-second Internet service business units shall not refuse to implement, suspend business, modify or change the management technical measures and safety technical measures implemented by the cultural administrative department and the public security department according to law.

Twenty-third Internet access service providers shall check the network culture business license and business license of the business unit when handling access services for the Internet service business premises; Without obtaining the "Network Culture Business License" and business license, access services may not be provided.

The Internet access service provider shall terminate the access service for the Internet service business premises whose network culture business license or business license has been revoked; Internet service sites ordered to suspend business for rectification shall suspend access services.

Twenty-fourth operating Internet cultural units should review Internet cultural products to ensure the legitimacy of Internet cultural products. Internet cultural products containing the contents listed in Article 17 of these Regulations shall stop providing, keep relevant records and report to the provincial cultural administrative department.

Operating Internet cultural units shall record and back up the content and time, Internet address or domain name of the cultural products provided, and keep them for 60 days.

Twenty-fifth art business units engaged in art business, should have a legitimate source certificate.

An art business unit may not engage in art works that steal the name of others.

Twenty-sixth engaged in commercial art training, should have the corresponding teaching conditions, training objectives and projects, taught by personnel with corresponding qualifications or professional titles, to ensure the quality of training.

Twenty-seventh engaged in commercial art photography, video, not to shoot, make obscene, pornographic photos or video products, shall not infringe upon the rights of portrait, reputation and privacy of others.

Twenty-eighth engaged in cultural brokerage activities shall not have the following acts:

(1) Concealing important matters related to brokerage activities;

(2) signing a false contract;

(three) by coercion, fraud, bribery, malicious collusion and other means to facilitate the transaction;

(four) forging, altering, buying and selling all kinds of commercial transaction documents and vouchers;

(5) Asking for remuneration other than commission;

(six) other acts prohibited by laws and regulations.

Twenty-ninth cultural business license shall not be altered, resold, leased, lent or transferred.

Thirtieth cultural business units to change the legal representative, business person in charge, name, business premises, business scope, or alteration, expansion, change the use of business premises, it shall go through the formalities of change according to law.

Where a cultural business unit terminates its business, it shall apply to the administrative organ that originally made the decision on administrative licensing for cancellation.

Where a cultural business unit applies for extending the validity period of an administrative license, it shall apply to the administrative organ that originally made the decision on the administrative license 30 days before the expiration of the validity period of the administrative license. If the validity period of an administrative license expires and is not extended, the administrative organ that originally made the decision on administrative license shall cancel it according to law.

Thirty-first cultural business units should maintain the normal order of the business premises, keep the sanitary conditions of the business premises up to standard, and ensure the normal use of fire safety facilities in the business premises.

Business units of business performance places, business entertainment places and Internet service places shall formulate safety work plans and emergency plans.

Article 32 The legal representative, principal responsible persons, managers and professional technicians of cultural business units shall have relevant laws, professional and technical knowledge and safety knowledge. Cultural administrative departments, public security departments or cultural business associations shall do a good job in training, guidance and service.

Thirty-third cultural business units should carry out business activities within the approved scope, and clearly mark the business items and service items. Do not force or deceive consumers to accept services or buy goods.

Thirty-fourth cultural business units have the right to refuse the fees illegally collected by any unit in addition to paying taxes and fees according to law. Thirty-fifth provinces, districts, cities and counties (cities, districts) administrative departments of culture of the people's government within the statutory authority and entrusted by the administrative department of culture of the people's government at a higher level, responsible for the examination and approval of cultural business activities.

Article 36 An inspection system shall be implemented for cultural business activities. The people's governments at or above the county level shall improve the cultural market law enforcement team, improve the quality of law enforcement personnel, and standardize law enforcement behavior.

Cultural market law enforcement agencies shall supervise and inspect the cultural market according to law. When law enforcement officers conduct supervision and inspection, the relevant business units shall truthfully provide information related to business activities.

Thirty-seventh departments of culture, press and publication (copyright), public security, industry and commerce administration and other departments should cooperate with each other when investigating and dealing with violations of cultural management. If a cultural business unit decides to cancel, cancel or revoke its license and business license, it shall notify the relevant departments and units in writing within 5 days from the date of making the decision.

Thirty-eighth public security, industrial and commercial administrative departments in the inspection found illegal audio-visual products, should be detained according to law, and immediately notify the administrative department for culture to investigate.

If the administrative department of culture receives a report on the transportation and storage of illegal audio-visual products and needs the assistance of the public security and other relevant departments, the relevant departments shall cooperate.

The administrative departments of culture, press and publication (copyright) of the people's governments at or above the county level shall be responsible for the identification of audio-visual products suspected of violating the law in accordance with their respective management responsibilities.

Thirty-ninth any unit or individual who finds illegal acts in cultural management activities may report to the local people's government or the departments of culture, public security and industry and commerce administration. After receiving the report, the relevant departments shall deal with it in a timely manner and keep the informant confidential.

Fortieth cultural, public security, industrial and commercial administrative departments and their staff shall not carry out the following acts in cultural market management activities:

(1) Illegally applying for a cultural business license;

(2) Failing to investigate and deal with the reported cultural business violations according to law;

(three) engaged in, participated in or engaged in cultural business activities in disguise;

(four) in violation of the provisions of the charges or illegal implementation of administrative punishment;

(5) misappropriating, dividing up, collecting goods or imposing a fine;

(six) deliberately making things difficult and taking revenge on operators;

(seven) dereliction of duty, corruption and bribery;

(8) Other illegal acts.

Forty-first cultural administrative departments of the people's governments at or above the county level shall support and guide the construction of cultural industry associations; Cultural business associations should strengthen industry self-discipline, advocate honest and law-abiding operation, and safeguard the legitimate rights and interests of cultural operators and consumers according to law. Article 42 Whoever, in violation of the provisions of the second paragraph of Article 12 of these regulations, sells tickets for commercial performances without approval shall be ordered by the cultural administrative department of the people's government at or above the county level to stop the illegal act and be fined 1 10,000 yuan but not more than 30,000 yuan.

In violation of the provisions of the twelfth paragraph of this Ordinance, the contents of commercial art exhibitions and literary competitions have not been reviewed, and the cultural administrative department of the people's government at or above the county level shall order it to stop its business activities.

Article 43 In violation of the provisions of the first paragraph of Article 13 of these regulations, if the business unit of the commercial performance venue fails to file with the administrative department of culture, the administrative department of culture of the people's government at the county level shall order it to make corrections, give it a warning and impose a fine of 1000 yuan.

In violation of the provisions of Article 14 of these regulations, if an individual actor or individual performance agent fails to file with the administrative department of culture, the administrative department of culture of the people's government at the county level shall order him to make corrections, give him a warning and impose a fine of 5000 yuan.

Article 44 Whoever, in violation of the provisions of the first paragraph of Article 18 of these regulations, accepts minors in the business premises of Internet service shall be given a warning by the cultural administrative department of the people's government at or above the county level, and a fine of 2,000 yuan shall be imposed for each minor who accepts/kloc-0, but the maximum fine shall not exceed 1 .5 million yuan. Those who accept minors for the second time, or accept more than three minors at a time, shall be ordered to suspend business for rectification for more than one month in addition to being fined according to the above provisions; Those who admit minors for the third time, or admit more than eight minors at a time, or admit minors outside the prescribed business hours shall be fined in accordance with the above provisions, and their licenses shall also be revoked.

Article 45 Whoever, in violation of the provisions of the first paragraph of Article 19 of these regulations, deals in audio-visual products published by non-audio-visual publishing units, copied by non-audio-visual copying units or imported without the approval of the cultural administrative department of the State Council, shall be ordered by the cultural administrative department of the people's government at or above the county level to stop the illegal act, give a warning and confiscate the illegal audio-visual products and illegal income; If the illegal business amount is more than 10000 yuan, a fine of more than 5 times the illegal business amount and less than 10 times shall be imposed; If the illegal business amount is less than 1 10,000 yuan, a fine of more than 1 10,000 yuan and less than 50,000 yuan will be imposed; If the circumstances are serious, the original issuing authority shall order it to suspend business for rectification or revoke its license.

Article 46 If, in violation of the provisions of Article 22 of these regulations, the business unit of the Internet service place stops the management technical measures and safety technical measures implemented by the cultural administrative department and the public security department according to law, the cultural administrative department and the public security department of the people's government at or above the county level shall, according to their respective functions and duties, give a warning and may concurrently impose a fine ranging from 3,000 yuan to 65,438 yuan to 5,000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification until the network culture business license is revoked.

Article 47 If, in violation of the provisions of Article 23 of these Regulations, an Internet service provider provides access services to an Internet service business place without a network culture business license and business license, or fails to terminate or suspend the provision of access services to an Internet service business place whose network culture business license or business license has been revoked or ordered to suspend business for rectification, the cultural administrative department of the people's government at or above the county level or the administrative department for industry and commerce shall order the Internet service provider to immediately terminate or suspend access services and impose a fine of not less than 5,000 yuan but not more than 20,000 yuan.

Article 48 In violation of the provisions of the first paragraph of Article 24 of these regulations, if an operating Internet cultural unit provides Internet cultural products containing contents prohibited in Article 17 of these regulations, the cultural administrative department of the provincial people's government shall order it to stop providing, give it a warning and confiscate its illegal income; If there is no illegal income or the illegal income is less than 6.5438+0 million yuan, a fine of more than 2,000 yuan and less than 6.5438+0 million yuan will be imposed; If the illegal income is more than 1 10,000 yuan, a fine of more than 1 times and less than 3 times shall be imposed, but the maximum amount shall not exceed 30,000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification until the network culture business license is revoked.

Forty-ninth departments of culture, public security, industry and commerce administration and their staff members who violate the provisions of Article 40 of these regulations shall be given administrative sanctions according to law. If a crime is constituted, criminal responsibility shall be investigated according to law.