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15 July 2015

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Examination and Approval of Foreigners' Participation in Non-profit Performance in China

Item   

Examination and Approval of Foreigners’ Participation in Non-profit Performance in China   

Category   

Business  information   

Legal Basis   

 Regulations on Foreigners’ Participation in Non-porfit Performance in China (No. 15 of the decree of Ministry of Culture of PRC)   

Authority Concerned   

the Culture Department of Hunan Province   

Responsible Institution   

the Culture Department of Hunan Province   

Qualifications   

1.The applicant has adaptive capital preparation for the performance    

2.The applicant has more than two years of experiences in business performance.   

3.The applicant has no violation against any provision of this regulation within two years before the performance.   

Materials Required

The following materials shall be provided:   

1.The name, the organizer, and artist groups, actresses and actors of the performance;   

2.Time, place and the number of the session;   

3.Programs, audio and visual materials;    

4.The approval certificate from the unit offering appointment or the study institution.  

Procedures   

1. Acceptance    

1.1 Person in charge: acceptance staff of the Culture Market Office of the Culture Department of Hunan Province (tel.: +86 731 85286045)    

1.2 Responsibilities and authorities: in accordance with the statutory requirements and standards, to inspect whether the application materials are completed and comply with the statutory form, whether the applied case is within the scope of functions and powers of the administrative subject; whether the application is put forward within the legal time limit, whether the applicant is qualified for application, and decide whether or not to accept the application in accordance with Article 32 of the Administrative Permission Law:   

1.2.1 If the applied case doesn’t need   

1.2.2 Administrative approval, a timely notice of the objection shall be made to the applicant.   

1.2.3 If the applied case is not within the scope of functions and powers of the administrative subject, timely decision of objection shall be made and the applicant shall be told to apply in related administrative organs;   

1.2.4 If the application materials have such errors as can be corrected on the spot, the applicant shall be allowed to correct then and there.   

1.2.5 If the application materials are not completed and don’t comply with the statutory form, the applicant shall be noticed all such materials as are still to be supplemented and corrected on the spot or within five days in one time. Otherwise, the application shall be regarded as being accepted the day the application materials are received;   

1.2.6 If the applied case is within the scope of functions and powers of the administrative organs and the application materials are completed and comply with the statutory form or the applicant submit all the supplemented and corrected materials in accordance with the requirements of the administrative organs, the application for administrative licensing shall be accepted.   

1.2.7 Whether the application is accepted or not, the administrative organ shall issue a written certificate with its special seal and the then date.   

1.3    Service deadline: half a working day 

  

2. Examination   

2.1    Preliminary examination   

2.1.1 Person in charge: preliminary examination staff of the Culture Market Office of the Culture Department of Hunan Province   

2.1.2  Responsibilities and authorities:   

2.1.2.1 The procedure will be gone through to examine the legality of the materials submitted by the applicant in accordance with the permissive conditions; if the materials need supplement and correction, the acceptance staff shall inform the applicant of all the content requiring supplement and correction within 5 working days;   

2.1.2.2  Such applied cases as are given opinions of primary examinations shall be submitted to the principal of the Culture Market and Film Office for reexamination.   

2.1.3 Service deadline: 3 and one half working days   

    

2.2  Reexamination    

2.3.1 Person in charge: Head of the Culture Market Office of the Culture Department of Hunan Province   

2.2.2 Responsibilities and authorities:   

2.2.2.1 In accordance with the provisions and standards, the application materials and results of the primary examination will be reexamined;   

2.2.2.2 Examination results will be given. For those are qualified, written approvals will be put forward and reported to the leader of the Culture Department of Hunan Province. For those are not qualified, written objection and the reason will be given, with the application materials returned to the primary examination staff.     

2.2.3 Service deadline:4 working days   

2.3 Check of examination and approval   

2.3.1 Person in charge: staff with the Policy and Law Office of the Culture Department of Hunan Province   

2.3.2 Responsibilities and authorities:   

2.3.2.1 Work will be done to check whether the case is within the limits of the department’s functions and powers, whether the law is correctly applied, whether the evidence is enough, and whether procedures are legal or not.   

2.3.2.2 Administrative licensing needing witness hearing shall be heard in accordance with Administrative Permission Law of People’s Republic of China and Provisions on Procedures of Administrative Hearing of Hunan Province   

2.3.2.3 Examination opinions will be given. For those are qualified, written approvals will be put forward and reported to the leader of the Culture Department of Hunan Province. For those are not qualified, written objection and the reason will be given, with the application materials returned to the primary examination staff.   

2.3.3 Service deadline: 5 working days   

    

3. Decision-making   

3.1 Person in charge: leader in charge of this sector of the Culture Department of Hunan Province   

3.2 Responsibilities and authorities   

3.2.1 Judgment will be made in accordance with the permission conditions and standards;   

3.2.2 For the legal and standard, approval will be signed on the examination form; for those not qualified, objection and the reasons will be signed.   

3.3 Service deadline: 2 working days   

    

4. Notification   

4.1 Person in charge: staff of the Culture Market Office of the Culture Department of Hunan Province   

4.2 Responsibilities and authorities:    

4.2.1 The result of examination will be notified and will inform the applicant timely and exactly if without any demur.   

4.2.2 For the application given administrative approval, the Culture Department of Hunan Province will transfer the on-site supervision and management to the local culture administration.    

4.2.3 For the application objected, the written decision will be made and sent to the applicant to explain the reasons. With the application materials returned, the applicant shall be informed that (s)he has the right to apply reexamination or administrative lawsuits.   

4.2.4 Written materials from the examination and approval will archived in light of the relevant provisions.   

4.3 service deadline: 2 working days   

  

Transaction Time   

within 20 working days since the application is received    

Charge   

Free     

Charging Basis   

/    

Supervision   

Unified reporting phone number of the National Cultural Market: 12318    

Consultation Channel   

http://www.hncm.gov.cn; +86 731 85286045  

Accountability   

It is in line with chapter seven of Administrative Permission Law of the People’s Republic of China, and Provisions of Accountabilities for Violating Administrative Examination and Approval Procedures of the Culture Department of Hunan Province(trial)   

Office Time/Address   

Time: Monday - Friday (except the official holidays) 8:00-12:00 a.m.; 2:00-5:15 p.m.2: 00 – 5:45 p.m.  from July to September), 14:00-17:15pm,  

 Address: No. 348, Xinyao Road (S), Tianxin District, Changsha City