Promulgation Date: 2021-9-29 Title: 文化和旅游部关于规范演出经纪行为加强演员管理促进演出市场健康有序发展的通知 Document Number:文旅市场发〔2021〕101号 Expiration date: Promulgating Entities:Ministry of Culture and Tourism Source of text: http://zwgk.mct.gov.cn/zfxxgkml/scgl/202109/t20210930_928141.html
To all provincial, autonomous region, or directly governed municipality Departments (Bureaus) for culture and tourism and the Bureau for culture, sports, radio, television, and tourism of the Xinjiang Production and Construction Corps:
Performance management establishments are important entities in the performance market and play an important role in optimizing the allocation of performance resources, enriching the supply of performance products, and promoting the prosperous development of the performance market. However, it should be noted that recently problems such as artists breaking the law or being immoral and out of control fan groups have appeared in the culture and entertainment sector, debasing the image of the industry, harming the social atmosphere, delivering a larger blow to the performance market, and undermining the order of the market; and the public has given strong feedback. Notice on the following matters is hereby given so as to further regulate the conduct of performance management establishments, to truly strengthen the management of performers, and to promote the healthy and orderly development of the performance market.
I. Strictly Manage Performance Credentials
(1) Performer management companies and offices that engage in performance management activities such as signing, promoting, and representing performers shall strictly follow the provisions of the Regulations on the Administration of For-Profit Performances and their implementation rules on setting up performance management establishments, and apply for and obtain permits for-profit performances from administrative departments for culture and tourism.
(2) Strictly enforce the system for establishing performance managers credentials: persons engaged in performance management activities such as signing, promoting, and representing performers shall obtain performance manager credential documents through the Performance Management Credential Test, and have these to take a position.
(3) Management units that engage in operations such as signing, promoting, and representing performers without approval are to be given punishments by the departments for culture and tourism in accordance with article 43 of the Regulations on the Administration of For-Profit Performances.
(4) Where performance managers provide performance management services to performances that have content prohibited by article 25 of the Regulations on the Administration of For-Profit Performances during their professional activities or enable conduct that is illegal or immoral from the performers they manage and cause a vile social impact, the administrative departments for culture and tourism are to revoke their credentials and announce this.
II. Regulate Performers Professional Conduct
(5) Performers shall conscientiously practice the Core Socialist Values, taking the initiative in taking on the mission of raising the banner, bringing together the people's hearts, teaching more people, stimulating culture, and developing its image; standing by taste, style, and responsibility, continuously improving the cultivation of ideological and moral cultivation, professional ethics, and the humanities and the arts; striving to be workers in the arts who embody both morality and the arts.
(6) Performer management companies and offices shall preserve the lawful rights and interests of performers take on responsibility for the management of performers, making political caliber and moral character important standards for selecting and cultivating performers, and periodically organize education and training to enhance performers awareness of legal compliance and moral literacy. Establish systems for efforts on performer self-discipline and self-examination urge performers to promptly correct problems and risks in their professional conduct that are discovered.
(7) Performer managers shall strengthen education and alerts for performers, actively guiding performers to constantly respect the red lines of the law and follow the bottom-line of morality, to enhance professional integrity, actively building an atmosphere of morality and craft and of learning from those better than oneself.
(8) Performance management companies and offices that engage in performance management activities such as signing, promotion, and representation of minors shall comply with the relevant provisions of the PRC Law on Protection of Minors, the PRC Education Law, the PRC Compulsory Education Law, and the PRC Labor Law to safeguard the minors' right to receive and complete the provided years of compulsory education. It is prohibited to install mistaken ideas in minors, such as 'needing to start young to become famous' in the recruitment of 'apprentice performers' and so forth, misleading minors' values, and infringing on the lawful rights and interests of minors.
III. Strengthen Oversight of Performance Activities
(9) Each administrative department for culture and tourism shall truly strengthen the management of performance activities in accordance with the Regulations on the Administration of For-Profit Performances and other relevant legal provisions; persisting om rejecting conduct contrary to the Core Socialist Values, that is harmful to social morality or the exceptional culture of our people, that violates public order and good custom, or distorts aesthetics, to establish the correct aesthetic orientation.
(10) Performance management establishments holding for-profit performance activities shall arrange for full-time performance managers to take on the work of coordination and contacts for the performance activities, cooperate with industry regulation by the administrative departments for culture and tourism, and perform obligations of paying taxes and withholding relevant taxes and fees. In holding for-profit performance activities that involve foreign interests, they should also cooperate with the foreign affairs, public security, and other departments' routine management of foreign nationals.
(11) Performance activities must not use performers that break laws or are immoral and who cause a vile impact on society; they must not use images, pictures, a/v, and text that contains content that is prohibited by article 25 of the Regulations on the Administration of For-Profit Performances in conducting performance publicity, ticket sales, and performance venue decoration; they must not organize lip-synching by performers or provide conditions for lip-synching. Performances in which minors participate shall have the consent of the minors' parents or other guardians.
(12) Where actors change the content of performances or of their performance and acting of their own accord so as to violate article 25 of the Regulations on the Administration of For-Profit Performances, the departments for the administration or culture and tourism are to punish the hosting unit and the performance management establishment that signed the performers in accordance with articles 44 and 46 of the Regulations on the Administration of For-Profit Performances. Where images, pictures, a/v, or text with content prohibited by article 25 of the Regulations on the Administration of For-Profit Performances are used for activities such as performance publicity, ticket sales, and decorating performance venues, the departments for the administration or culture and tourism are to punish the hosting unit in accordance with article 46 of the Regulations on the Administration of For-Profit Performances. Where audiences are tricked through lip-synching or where conditions for lip-synching are provided to performers, the administrative departments for culture and tourism are to punish the hosting unit and the performers in accordance with article 47 of the Regulations on the Administration of For-Profit Performances.
IV. Positive Guidance for Fans
(13) Performance management establishments and offices shall strengthen positive guidance of fans acts of support, and do a good job of overseeing content in authorized fan group and fan club accounts online. Performers shall be urged to proactively speak out and actively guide groups of fans that are undermining public order online or social order.
(14) Units hosting performances shall do a good job of managing the performance venues and preserving order in the performance venues, and must not set up marketing activities that induce fans to spend money such as fan support outside of the venues, gift reception, and voting on the most popular. Minors must not be organized to participate in support gatherings and other such activities or to make payments in support beyond normal viewing of performances.
V. Jointly Build a Positive Ecology of Performances
(15) In accordance with the relevant provisions of the Detailed Implementation Measures for the Regulations on the Administration of For-Profit Performances, each administrative department for culture and tourism shall give subsidies and support for exceptional performance products and services that embody special ethnic characteristics and national level, to foster more fine shows (programs) with deep thinking, exquisite artistry, and excellent production.
(16) All levels of administrative department for culture and tourism shall strengthen credit regulation, including eligible for-profit performance market entities and employees in the list of the untrustworthy for the cultural marketplace, and implement credit punishments in accordance with laws and regulations.
(17) Comprehensive law enforcement bodies for the cultural market shall strengthen law enforcement inspections of performance management establishments and offices, and do a good job of routine patrol inspections of for-profit performances, to lawfully investigate and handle conduct in violation of laws and regulations.
(18) Industry associations shall improve the standardization of self-discipline for performance management establishments and employees, establishing risk monitoring and assessment mechanisms, conducting criticism of performers that break laws or are immoral, and giving self-discipline penalties and industry boycotts for performance management establishments or offices and performers that cause a vile social impact.
(19) All levels of administrative department for culture and tourism and industry associations shall establish normalized training mechanisms, fully strengthening education and training for industry workers in areas such as ideology and politics, laws and regulations, and professional ethics, increasing the overall quality of industry workers, and establishing a performance ecology that is active, uplifting, prosperous, and orderly.
Notice is hereby given.
Ministry of Culture and Tourism
September 29, 2021