营业性演出告知承诺书(英文版).doc

The Letter of Notification and Promise of
Shanghai Performance Brokerage Institutions Concerning Foreign-related Commercial Performance and Commercial Performance Related to Hong Kong, Taiwan and Macao

In accordance with the “Regulations on Administration of Commercial Performance” of the State Council of the People’s Republic of China and “The Detailed Rules for the Implementation of the Regulations on Administration of Commercial Performance” of the Ministry of Culture of the People’s Republic of China and in accordance with the relevant requirements of the Shanghai Administration of Culture, Radio, Film and Television concerning strengthening the foreign-related commercial performance, performance sponsoring units (the notifying party) and performing groups and individuals (the promise party) shall sign this letter of notification and promise concerning foreign-related commercial performance or commercial performance related to Hong Kong, Taiwan and Macao to define the rights, obligations and legal responsibilities of the two sides for their common observation.

I. The Notification of Performance Brokerage Institutions

1. The performance brokerage institution that has obtained the government approval documents for a performance project is a legal performance business entity and shall undertake the responsibility for sponsoring performance activities. Article 23 of the “Detailed Rules for the Implementation of the Regulations on Administration of Commercial Performance” of the Ministry of Cultures provide that a business entity of commercial performance when sponsoring commercial performance shall handle the application formalities for performance, arrange program contents, determine the price for the performance and take charge of the settlement of payment and expenditure of the performance, pay or withhold relevant taxes and fees in accordance with the law, consciously accept the supervision and administration of the cultural administration department of the locality where the performance is held and fulfill other specific obligations.

2. When sponsoring foreign-related commercial performance or commercial performance related to Hong Kong, Macao and Taiwan, the sponsoring unit should be responsible for handling the entry and exit procedures for foreign, Hong Kong, Macao and Taiwan cultural, art and performing groups and individuals in a unified manner and if sponsoring a performance tour, the unit should also be responsible for making arrangements for communication and program contents for the entire tour.

3. Article 26 of the “Regulations on Administration of Commercial Performance” of the State Council provide that commercial performance must not

1). oppose the basic principles laid down in the Constitution;

2). endanger the unity, sovereignty and territorial integrity of the state, jeopardize the security of the state or harm the honor and the interests of the state;

3). incite ethnic hatred or discrimination, harm ethnic customs and habits, hurt ethnic sentiments, undermine the unity of ethnic groups and violate religious policies;

4). disrupt social order and undermine social stability;

5). harm social ethics or fine national culture and traditions;

6). advocate obscenity, pornography, evil cults, superstition or play up violence;

7). insult or slander others, infringe upon other’s legitimate rights and interests;

8). be horrible or cruel in the forms of performance and ruin performers’ physical and mental health;

9). solicit audience by making use of the physical deformities or by showing physical variations of the performers or

10). commit any acts that are prohibited by laws and administrative regulations.

As a sponsoring unit for foreign-related commercial performance or commercial performance related to Hong Kong, Macao and Taiwan, the unit should specially assign a person to participate in the stage supervision work at the performance site. For a program item which is staged by a performing party without application for approval or which violates the laws and regulations of our country, the sponsoring unit has the right to stop it on the spot and make a report to the government administration department. The performing party should bear corresponding responsibility for breaching the agreement for its regulation-violating acts.

II. The Promise of Performing Groups and Individuals

Authorized by the performing party, this representative solemnly states that I have read and accept the above letter of notification of the performance brokerage institution. The performing party promises that it will strictly implement the agreement and observe the laws and regulations of the locality where the performance is held. It will give the performance with the program contents approved in accordance with the law and will not change the contents without authorization. If committing any acts of breaching the promise during the performance, it shall bear all legal responsibility for all the consequences arising therefrom.

The notifying party The promise party

(Seal) (Seal and signature)

Signing date:

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