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Notice of the Ministry of Culture and Tourism and the Ministry of Public Security on Further Strengthening the Standardized Management of Large-scale Commercial Performance Activities and Promoting the Healthy and Orderly Development of the Performance Market
The cultural and tourism departments (bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government, the public security departments (bureaus), the cultural, sports, radio, television, and tourism bureaus of the Xinjiang Production and Construction Corps, and the public security bureaus:
At present, the performance market is recovering rapidly, and large-scale commercial performance activities such as concerts and music festivals have increased greatly. While meeting the spiritual and cultural needs of the people, some problems such as ticket speculation, irrational star chasing and uncivilized performance watching are also more prominent. In order to strengthen the standardized management of large-scale commercial performance activities with an audience of more than 5000 (hereinafter referred to as "large-scale performance activities") and promote the healthy and orderly development of the performance market, the relevant matters are hereby notified as follows.
1. clear working principles
(I) large-scale performance activities must adhere to the direction of serving the people and socialism, persist in putting social benefits in the first place, realize the unity of social and economic benefits, and better meet the spiritual and cultural needs of the people.
(II) in accordance with the principle of "who is responsible for hosting", the performance organizer should strictly implement the main responsibility of safety, strictly establish and implement the safety management system, clarify the person responsible for safety, and establish and improve the working mechanism of risk assessment and emergency response. The performance organizer shall go through the performance approval procedures in accordance with the law, arrange the content of the performance, be responsible for the performance ticketing and on-site management, strengthen the protection of consumer personal information, do a good job in guiding the on-site audience, grasp the trends of public opinion, report the relevant situation in a timely manner, and accept the guidance and supervision of the competent department. Actively assume legal responsibilities and obligations.
(III) cultural and tourism administrative departments and public security organs should strictly implement territorial responsibilities, strengthen cooperation and cooperation, strengthen the standardized management of large-scale performance activities, and ensure that large-scale performance activities are held in a smooth and orderly manner.
2. strict approval management
(IV) provincial cultural and tourism administrative departments and public security organs should strengthen the overall guidance of large-scale performance activities in their administrative areas. Before the examination and approval of large-scale performance activities, they should go through the risk assessment and comprehensive research and judgment of the provincial cultural and tourism administrative departments and local public security organs.
The cultural and tourism administrative departments of the (V) shall urge the performance organizers to conduct self-assessments on possible risks in ticket sales, on-site management, and online public opinion before applying for holding large-scale performances, and form a written report and submit it when applying for holding.
(VI) the provincial cultural and tourism administrative departments and territorial public security organs to carry out risk assessment, when the performance organizers carry out risk self-assessment, they should, on the basis of the traditional evaluation elements such as people, things, things and fields, bring the network characteristics such as online popularity, public opinion response and netizen evaluation into the scope of assessment, and establish a comprehensive online and offline risk assessment system.
(VII) provincial cultural and tourism administrative departments and local public security organs should strengthen administrative guidance on high-risk performance activities and supervise on-site supervision. For performances that do not meet the safety conditions, the cultural and tourism administrative departments and public security organs that require approval will not approve them.
3. strengthen ticketing management
(VIII) large-scale performance activities implement real-name ticket purchase and real-name admission system. Only one ticket can be purchased for each ID card for each performance, and the identity information of the ticket purchaser and the admission person is consistent. Performance organizers and performance ticketing sales platforms shall strengthen the protection of consumers' personal information to prevent unauthorized access and personal information leakage, tampering and loss.
(IX) performance organizers shall establish a refund mechanism for large-scale performance activities, set a reasonable fee standard for echelon refunds, and protect the legitimate refund rights of ticket buyers.
(X) further increase the proportion of ticket sales for large-scale performances, the number of tickets sold to the market by performance organizers shall not be less than 85% of the number of approved audiences. For the remaining 15% of tickets, personal information should be bound 24 hours before the performance, so as to achieve "real name binding, real name admission".
(11) The performance organizer shall clearly indicate its authorized ticketing agency to guide consumers to purchase tickets through legal channels. The obligation to inform consumers of the rules for ticket purchase, admission and refund shall be fulfilled.
(12) The cultural and tourism administrative departments shall urge the performance organizers and performance ticketing sales platforms to transmit the ticketing information of large-scale performance activities (including but not limited to the name of the performance project, performance time, performance number, ticket sales plan, box office revenue, etc.) to the national cultural market technology supervision and service platform in real time, Further strengthen the ticket information management of large-scale performance activities.
(13) The cultural and tourism administrative departments and public security organs should strengthen the management of large-scale performance event organizers and local work tickets, strictly control the scope of issuance, and prevent work tickets from entering the market and being illegally traded.
4. strengthen the performance site management
(14) Cultural and tourism market management departments and comprehensive law enforcement agencies should strengthen on-site inspections of large-scale performance activities, verify actor information and performance content on the spot, and strictly prohibit unauthorized changes in actors and performance content, and prohibit illegal activities such as lip-synching and fake performance.
(15) The public security organs should strengthen the on-site safety supervision of large-scale performances, guide the performance organizers to strengthen the pre-safety assessment, formulate safety work plans, implement security measures, equip security inspection equipment, and strictly conduct safety inspections on personnel, vehicles, and items entering the scene, Equipped with sufficient security personnel, and implemented emergency response measures. Public security organs supervise and inspect the implementation of safety work in accordance with the law, order corrections when potential safety hazards are found, investigate and deal with illegal and criminal acts in accordance with the law, and deal with emergencies.
(16) The performance organizer shall actively cooperate with the supervision and management of the cultural and tourism administrative departments and public security organs, and take necessary control measures according to work needs to improve the management level of the performance site.
5. intensifies crackdown on illegal activities
(17) The cultural and tourism administrative departments should strengthen the management of performance ticket sales platforms, and deal with violations such as failing to perform the obligations of verifying the qualifications of ticketing business units and performance approval documents, and providing services for reselling tickets.
(18) the public security organs should step up efforts to crack down on the reselling of performance tickets, comprehensively collect information on online and offline reselling and speculation tickets, promptly find clues about price increases and disguised price increases, and severely crack down on illegal and criminal activities such as online and offline ticket reselling and fraud.
(19) Public security organs should crack down on all kinds of illegal and criminal activities online and offline, such as traffic fraud, rumors, invasion of privacy, and gathering people to make trouble and make trouble. Timely publication of typical cases, timely warning shock, in order to correct audio-visual.
(20) The public security organs should strengthen the safety supervision of large-scale performance activities, and conduct large-scale mass performance activities held by performance organizers and venue managers that violate safety management regulations and disrupt the order of activities, in accordance with the Safety Management of Large-scale Mass Activities The relevant provisions of the Regulations, the the People's Republic of China Public Security Administration Punishment Law, and the the People's Republic of China Criminal Law shall be punished in accordance with the law.
6. guide the audience to view the performance of civilization
(21) The public security organs shall guide the performance organizers to do a good job in security inspection, prohibit the audience from bringing in items that affect the normal viewing of the performance, and advocate the audience to watch the performance in a civilized manner. The organizers of the performance should strengthen on-site inspections, stop uncivilized performances in a timely manner, and maintain the order of the performances.
(22) Actor brokerage companies and related performing arts brokerage practitioners should strengthen the education and reminder of actors, and actively guide actors to always respect the legal red line and strictly abide by the moral bottom line. Encourage actors to take the initiative to speak, guide the audience to abide by the performance site management regulations, and jointly maintain the order of the performance.
7. strengthen credit supervision
(23) The cultural and tourism administrative departments shall, in accordance with the "Regulations on Credit Management of the Cultural and Tourism Market", deal with large-scale performance activities where the number of tickets sold to the public is less than 85% of the approved number, or provide convenience for reselling tickets and buying and selling performance work tickets. Performance organizers and ticketing agencies in other situations are recognized as untrustworthy subjects in the cultural and tourism market according to law.
(24) the administrative departments of culture and tourism and the public security organs should strengthen the daily supervision of the subjects who break their promises, pay special attention to the administrative licensing matters such as their applications for commercial performances and large-scale mass activities, and focus on the examination in the aspects of administrative awards and the award of titles.
Notice is hereby given.
Ministry of Culture and Tourism Ministry of Public Security
12 September 2023
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