National Measures on the Management of the Cultural Marketplace Blacklist

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A Kadena High School student learns to write her name in kanji at an English Summer Camp in Naha, Japan, Aug. 14, 2015. American middle and high school students participated in several activities designed to expose them to Japanese culture while Japanese elementary and middle school students explained each activity to them, allowing them to practice their English speaking skills. (U.S. Air Force photo by Airman 1st Class Zade C. Vadnais)

Article 1: These Measures are formulated on the basis of relevant laws and regulations so as to preserve the order in the cultural markets.

Article 2: National Cultural Market Blacklist Management as used in these Measures refers to administrative departments for culture, or comprehensive law enforcement bodies for the culture market, entering entities and persons with serious untrustworthy violations of law into the national cultural marketplace blacklist, and disclosing them to the public, carrying out credit restrictions, joint punishments and other measures.

Article 3: The National Cultural Market Blacklist includes blacklists of cultural market entities and persons.

Cultural market entities includes enterprises and sole-proprietors engaged in commercial performances, entertainment venues, art works, Internet access services, Internet culture and other business activities; and personnel, includes the legal representatives or primary responsible persons for the market entities described above, as well as actors, online performers, and other such practitioners.

Article 4: The Ministry of Culture and Tourism responsible for guiding the national cultural market blacklist management efforts, establishing a national cultural market blacklist management system and database, and publicly disclosing the national cultural market blacklist, Administrative departments for culture, or comprehensive law enforcement bodies for the cultural market, at the county level or above are responsible for cultural market blacklist management efforts in the corresponding region.

Article 5: Where cultural market entities that receive administrative punishments for violations of relevant laws and regulations or that engage in cultural market business activities without permits, and have any of the following situations, the  administrative departments for culture, or comprehensive law enforcement bodies for the cultural market, at the county level or above are to follow local management and the principle of 'entering the person responsible, and entering the persons punished' to include cultural market entities and their legally representatives or primary responsible persons into the cultural market blacklist management:

(1) Engaged in cultural market business activities of their own accord, causing serious accidents or heinous social impact;

(2) Received an administrative punishment revoking permits from administrative departments for culture or comprehensive law enforcement bodies for the cultural market;

(3) Had permits or approval documents revoked by the administrative departments for culture because they were obtained through fraud, intentional concealment, fabricating materials, or other improper methods; or where there is conclusive evidence that they fabricated or altered permits or approval documents;

(4) Other situations that laws or regulations provide shall be included in the cultural market blacklist.

The standards, disclosure, and punishment measures for actors, internet performers, and other practitioners entry onto the cultural market blacklist are to be separately provided by the Ministry of Culture and Tourism.

Article 6: Before cultural market entities and their legal representatives or primary responsible persons are entered into the national cultural market blacklist, the body entering them shall inform the party of the matter, reason, basis, and restrictive measures for the entry, shall hear the parties' statements and defenses, and shall be through the review of the administration departments for culture, or comprehensive law enforcement bodies for the culture market, and upon confirmation by the Ministry of Culture and Tourism.

The information entered shall include the cultural market entities' name, uniform credit code, the name of the legally designated representatives or primary responsible persons, valid identification numbers, the serious illegal untrustworthy matter, the basis for entry, the date of entry, and so forth.

Article 7: Where cultural market entities engaging in cultural market business activities across regions violate laws or regulations and are found to have the circumstances provided for in article 5 of these measures by the administrative departments , or comprehensive law enforcement body for the cultural market, of another area, it shall be reported to the administrative department for culture, or comprehensive law enforcement body for the cultural market, at the same level for the area where the cultural market entity is located, which is responsible for entering into the national cultural market blacklist.

Article 8:Where cultural market entities and their legal representatives or primary responsible persons have been included on the national cultural market black list for 5 years and no further situations provided for in paragraph 1 of article 5 of these Measures has occurred, the organ that entered them is to remove them from the national cultural market blacklist within 30 days of the period being completed.

Before cultural market entities and their legal representatives or primary responsible persons are removed from the national cultural market blacklist, the removal shall be reported for review the provincial level administrative department for culture, or comprehensive law enforcement body for the cultural market, and be confirmed by the Ministry of Culture and Tourism.

Article 9:Where the administrative punishment decision that is the basis for inclusion on the national cultural market blacklist is revoked, the administrative organ for culture, or comprehensive law enforcement body for the cultural market, shall remove the cultural market entity and its legal representative or primary responsible person from the national cultural market blacklist within 30 working days of the administrative decision being revoked.

Article 10: When the administrative departments for culture, or comprehensive law enforcement bodies for the cultural market, serve the "Advance Notice of Administrative Punishment" on parties with serious violations of law, they shall remind them that they might be entered into the national cultural market blacklist.

Article 11: Administrative departments for culture, or comprehensive law enforcement bodies for the cultural market, shall follow the principle of 'those making entries being responsible for those entries, and those making removals being responsible for those removals' , and promptly record information on entries and removals from the national cultural market blacklist in the national cultural market blacklist management system.

The Ministry of Culture and Tourism is responsible for publicly disclosing information related to entries and removals from the national cultural market blacklist.

Article 12: Administration departments for culture and comprehensive law enforcement bodies for the cultural market shall implement the following punitive measures against cultural market entities included in the national cultural market blacklist and their legal representatives or primary responsible persons:

(1) Make them a target of key supervision and management, increasing the frequency of inspections, expanding the force of supervision and management, and where further business activity in violation of laws and regulations is discovered, give heavy punishments in accordance with law;

(2) During the period in which legal representatives or primary responsible persons are included in the national cultural market blacklist, they must not be approved to serve as the legal representatives or primary responsible persons for entertainment venues, internet access service business venues, cultural artistic performance troupes, performance management bodies, or performance venue management units, and the cultural market entities included on the national cultural market blacklist are restricted from modifying their names;

(3) Strictly review its applications for administrative approvals of projects;

(4) Restrict their participation in selection for commendations, government procurement, government finance support, policy pilots, and so forth;

(5) Report the information on their serious untrustworthy illegalities to relative departments and carry out carry our joint punishment.

Article 13: Support industry associations in carrying out punitive measures against members included in the national credit market blacklist, such as warnings, circulation of criticism, public censure, and cancelling credentials for selection in rewards and honors. Encourage social organizations and individuals to conduct oversight of cultural market entities that are included in the national culture market blacklist and their legal representatives or primary responsible persons, and where violations of laws or regulations in the cultural marketplace are discovered, they may report them to the administrative departments for culture or comprehensive law enforcement bodies for the cultural market.

Article 14: Cultural market entities and their legal representatives or primary responsible persons that are entered into the national cultural market blacklist may lawfully apply for administrative reconsideration or initiate civil litigation.

Article 15: Where in the course of managing the cultural market blacklist, the staff of culture administrative department, or comprehensive law enforcement bodies for the culture market, abuse their authority, derelict their duties, or distort the law for personal gain, responsibility shall be pursued in accordance with law.

Article 16: Where in addition to these Measures, local administrative departments for culture, or comprehensive law enforcement bodies for the culture market, establish blacklists and circumstances for entry in their management of the cultural market, that area is to draft the management measures and it is not to be included in national culture market blacklist management or in the scope of national joint punishment.

Article 17: These Measures are to be interpreted by the Ministry of Culture and Tourism.

Article 18: These Measures take effect from their date of issue. The "Measures on the Management of the Cultural Marketplace Blacklist (Provisional)" are simultaneously abolished.

 

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