Circular of the Ministry of Culture on Implementing the Cultural Market Administration Policies in the China (Shanghai) Pilot Free Trade Zone
The English version is for reference only. If there is any inconsistency or conflict between the English and Chinese version, the Chinese version shall prevail.
Wen Shi Fa [2013] No. 47
Shanghai Municipal Administration of Culture Radio Film & TV:
In order to thoroughly implement the relevant provisions of the Circular of the State Council on Issuing the Framework Plan of the China (Shanghai) Pilot Free Trade Zone (Guo Fa [2013] No.38), the policies in connection with cultural market administration in the China (Shanghai) Pilot Free Trade Zone (hereinafter referred as the "FTZ") are hereby adjusted as follows:
I. The foreign capital operated performance agencies and business entities of performance places are allowed to be established in the FTZ for the purpose of providing services for Shanghai Municipality
(I) For a joint-ventured, co-operative or wholly-owned performance agency to be established in the FTZ, it shall apply to the competent culture department of Shanghai Municipality for establishment. The competent culture department of Shanghai Municipality shall make a decision within 20 days from the date of receipt of the application.
(II) For a joint-ventured, co-operative or wholly-owned business entity of performance place to be established in the FTZ, it shall, within 20 days from the date of receipt of the business license, submit the abovementioned license and approval documents issued by the fire department and health department to the competent culture department of Shanghai Municipality for filing, and receive the filing certificate for business entity of a performance place.
(III) Before holding a commercial performance in Shanghai Municipality, a joint-ventured, co-operative or wholly-owned performance brokerage agency shall submit an application to the competent culture department of Shanghai Municipality. For commercial performance which the domestic art performance group or performers participate in, the decision shall be made within three days from the date of acceptance of the application; for foreign-related commercial performance or commercial performance relating to Hong Kong, Macao and Taiwan, the decision shall be made within 20 days from the date of acceptance of the application.
(IV) Before holding a commercial performance in its own place, a joint-ventured, co-operative or wholly-owned business entity of performance place shall submit an application to the competent culture department of Shanghai Municipality. For the commercial performance which the domestic art performance group or performers participate in, the decision shall be made within three days from the date of acceptance of the application; for the foreign-related commercial performance or commercial performance relating to Hong Kong, Macao and Taiwan, the decision shall be made within 20 days from the date of acceptance of the application. For commercial performance which the domestic art performance group or performers participate in, the decision shall be made within three days from the date of acceptance of the application; for foreign-related commercial performance or commercial performance relating to Hong Kong, Macao and Taiwan, the decision shall be made within 20 days from the date of acceptance of the application.
II. Foreign capital operated entertainment places are allowed to be established in the FTZ
For a joint-ventured, co-operative or wholly-owned entertainment place to be established in the FTZ, it shall comply with the requirements of establishment specified in the , Administrative Measures for Entertainment Places and other regulations and rules, and shall apply to the competent culture department of Shanghai Municipality for establishment. The competent culture department of Shanghai Municipality shall make a decision within 20 days from the date of acceptance of the application.
III. Foreign-invested enterprises are allowed to be engaged in the production and sales of gaming and recreation equipment in the FTZ which may be launched to the domestic market if passing the content examination by the competent culture department of Shanghai Municipality
(I) Where a foreign-invested enterprise registered in the FTZ sells gaming and recreation equipment produced by it in the domestic market, it shall apply to the competent culture department of Shanghai Municipality for content examination. The competent culture department of Shanghai Municipality shall make a decision within 20 days from the date of acceptance of the application, and report those having passed the content examination to the Ministry of Culture for filing and make a public announcement for the same.
(II) The gaming and recreation equipment launched to the domestic market shall not include contents banned by the of the , and the appearance, content and game manual of the gaming and recreation equipment shall be in Chinese language.
(III) The contents submitted to the Ministry of Culture for filing and publication shall include the examination and approval documents for content of gaming and recreation equipment, name of manufacturing enterprise, name of equipment, basic functions and game rules, picture reflecting the appearance of the equipment and other basic information.
IV The adjusted administrative examination and approval items under the Circular apply to investors from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Region and Chinese citizens living abroad who invest in or establish enterprises in the FTZ.
It is hereby notified.
Ministry of Culture
September 29, 2013
Provided by Lawyers Working Committee of Pudong New Area