Regulations of the Shenzhen Municipality on the Promotion of the Development of Cultural Industries

· Document Number：Announcement No. 84 of the Standing Committee of of the Fourth Shenzhen Municipal People's Congress

· Area of Law： Culture

· Level of Authority： Regulations of Districted Cities

· Date issued：10-14-2008

· Effective Date：01-01-2009

· Status： Effective

· Issuing Authority： Shenzhen City People's Congress (incl. Standing Committee)

Announcement of the Standing Committee of of the Fourth Shenzhen Municipal People's Congress
(No. 84)
The Regulations of the Shenzhen Municipality on the Promotion of the Development of Cultural Industries, Adopted at the 20th Meeting of the Standing Committee of the Fourth Shenzhen Municipal People's Congress on June 22, 2008 and Approved at the 5th Meeting of the Standing Committee of the 11th Guangdong Provincial People's Congress on September 26, 2008, is hereby promulgated and shall come into effect on January 1, 2009.
Standing Committee of Shenzhen Municipal People's Congress
October 14, 2008
Regulations of the Shenzhen Municipality on the Promotion of the Development of Cultural Industries
（Adopted at the Twentieth Meeting of the Standing Committee of the Fourth Shenzhen Municipal People's Congress on July 22, 2008 and approved at the Fifth Meeting of the Standing Committee of the Eleventh Guangdong Provincial People's Congress on September 26, 2008）
Chapter I General Provisions
Article 1 In order to go deep into carrying out the strategy of the development of the city on the cultural foundation, to improve the mechanism of the promotion and guarantee of the development of cultural industries, to speed up the development of cultural industries, and to strengthen the soft power of culture, these regulations are hereby formulated in accordance with the related law, regulations of the state and in the light of the actual conditions of the Shenzhen City （hereinafter referred to as this city）。
Article 2 The cultural industries referred to in these regulations shall mean the activities which provide cultural products and services, entertainment products and services for the public of the society, and the assemblage of activities which are related to these activities.
The cultural enterprises referred to in these regulations shall mean the production and operation units which are engaged in the activities of production and operation stipulated by the previous section.
Article 3 The following principles shall be followed in the promotion of the development of cultural industries:
（1） to make overall planning and to have concerted development;
（2） to encourage independent innovation;
（3） to help the cultural industries with distinctive features and advantages;
（4） to strengthen the protection of intellectual property rights;
（5） to make social benefits and economic benefits harmonized with each other.
Article 4 The municipal, district people's governments （hereinafter referred to as
the municipal, district governments） shall make plans for the development of cultural industries and incorporate them into the national economic and social development plan and the overall urban plan.
In making the plans for the development of cultural industries, the municipal, district governments shall extensively solicit opinions from all circles of the society through various channels.
Article 5 The municipal, district governments shall make the corresponding policies of cultural industries according to the plans for the development of cultural industries; give their guidance, support to the incentive projects of cultural industries listed in the catalogue of government investment guidance.
Article 6 The municipal, district governments shall give priority to the support and development of the newly emerging and original cultural industries in terms of land, funds, talents, etc., provide major support for the cultural industries with distinctive features and advantages, and actively promote the industrialization of national and traditional cultures.
The development of the cultural enterprises of non-public ownership shall be encouraged and supported.
Article 7 The office of the municipal government in charge of the administrative affairs of the development of cultural industries shall execute the following duties:
（1） to implement the law, regulations, and rules on the development of cultural industries;
（2） to organize the formulation and implementation of the plans and policies concerning the development of cultural industries;
（3） to take part in drawing up the catalogue of government investment guidance, to take part in the appraisal, examination and verification of the government investment projects of cultural industries;
（4） to provide comprehensive coordination, guidance, and services for the development of cultural industries;
（5） to coordinate, guide the construction of cultural industrial parks and cultural industrial bases, and the preliminary application for the projects of cultural industries, to give impetus to the construction of the major projects of cultural industries;
（6） to organize and guide the construction of the trade-fair, information platforms, public technology platforms of cultural industries;
（7） to supervise the special fund of the development of cultural industries according to the related rules;
（8） the other duties stipulated by law, regulations or delegated by the municipal government.
The related departments of the municipal government shall promote the
development of cultural industries within the scope of their respective duties.
Chapter II Support for the Start and Development of Business
Article 8 The municipal, district governments shall establish, improve the service platforms of information, technology, and trade for the development of cultural industries, build a supporting system for the development of cultural industries in this city, and make the environment favorable to the promotion of the development of cultural industries and the creation of well-known cultural brands.
Article 9 The municipal, district governments and judicial offices shall strengthen the development of the system to protect intellectual property rights, improve the mechanism of the administrative law enforcement and judicial protection of intellectual property rights. They shall actively provide public service for intellectual property rights, support and guide cultural enterprises in their efforts to strengthen the consciousness and capability of the self-protection of the rights.
Article 10 The municipal, district governments shall help the construction of cultural industrial parks and cultural industrial bases, support the construction of the cultural industrial parks and cultural industrial bases which take enterprises as a leading factor and have their operation marketized, and guide the related enterprises and intermediary agencies to cultural industrial parks and cultural industrial bases. They shall build state-leveled creative concept industrial parks, and draw well-known cultural enterprises, intermediary agencies, and institutions of research and training to the parks to set up their headquarters or centers for research and development, manufacturing, purchase, and finance.
The transformation of old urban areas, old villages, old industrial sections into cultural industrial parks and cultural industrial bases shall be supported.
Article 11 It shall be guided to establish trade associations in various areas of cultural industries according to law.
Article 12 It shall be encouraged to develop independent, impartial, normatively operated cultural intermediary agencies and to enhance their service functions.
Intermediary agencies shall be encouraged to provide services for cultural enterprises in market opening, investment and financing, title transaction, cultural brokerage, appraisal of qualifications, etc.
Article 13 When using government financial funds to purchase cultural products and services, government offices, institutions, and social organizations shall give priority to purchasing the cultural products and services independently created in this country if they are on an equal footing in other respects comparing with other products and services.
Article 14 Cultural enterprises shall enjoy, according to the related rules, the various preferential policies of the state, province, and this city to support the development of cultural industries. The enterprises verified as enterprises of high technology, new technology may also choose to enjoy the various preferential policies of the state, province, and this city to support the development of enterprise of high technology, new technology.
Article 15 The municipal, district governments shall establish a scientific, rational mechanism to make evaluations and to provide incentives. Appropriate awards shall be granted to the cultural enterprises which have the best conversion of the result of creative concepts of the year, and the largest export of the year, and to the individuals who make outstanding contributions to the development of cultural industries of this city.
Chapter III Support for Export
Article 16 It shall be encouraged and supported for cultural enterprises to export the following cultural products and services according to law:
（1） to go abroad to give commercial performances in music, drama, acrobatics, and folk entertainment, etc.;
（2） to go abroad to hold commercial exhibitions, trade fairs of books, newspapers and magazines, electronic publications, work of art, handicraft articles, etc.
Article 17 It shall be encouraged and supported for cultural enterprises to
cooperate with internationally well-known agencies of production, brokerage, distribution according to the related rules, to use the funds, technology, and distribution channels of overseas partners to produce export-oriented cultural products and services with high scientific and technological contents, and with intensive fund input, and to undertake international distribution.
Article 18 The municipal, district governments and related service institutions shall provide guidance and support for cultural enterprises in the export of cultural products and services, and give assistance in research and development, design, overseas investment, cooperation with foreigners, going abroad to participate in exhibitions, advertisement and publicity, overall promotion, distribution network, finance and insurance, protection of intellectual property rights, and public information service, et.
Article 19 The municipal, district governments shall make full use of the display and trade platforms such as the International Exposition of Cultural Industries of China （Shenzhen）， etc. to promote the export of cultural products and services.
The municipal office in charge of the administrative affairs of the development of cultural industries, the departments in charge of related trades, and trade associations shall make arrangements for influential commercial cultural projects to go abroad to participate in international performances, evaluation, and exhibition.
Chapter IV Financial Support
Article 20 Financial institutions, guarantor institutions, title transaction agencies, and intermediary agencies shall provide related services for cultural enterprises.
It shall be supported for cultural enterprises to raise funds in the overseas and domestic capital markets by means of issuing bonds, stocks, etc.
Article 21 The special fund of the development of cultural industries shall give priority to the support of the development of newly emerging cultural industries and cultural enterprises with special characteristic brands, the cultural creative concenpts, result conversion, major cultural projects of cultural enterprises, and the training of cultural talents.
The measures of the administration of the special fund of the development of cultural industries shall be formulated by the municipal government separately.
Article 22 The mechanism to appraise the achievements of the input of the special fund of the development of the cultural industries shall be established and improved.
The municipal office in charge of the administrative affairs of the development of cultural industries shall, jointly with related departments, make an annual appraisal of the use of the special fund of the development of cultural industries and the implementation of projects, and report the appraisal results to the municipal government; the municipal departments of finance, audit shall supervise and inspect the administration and use of the special fund of the development of cultural industries.
Chapter V Training and Introduction of Talents
Article 23 The municipal, district governments shall establish the mechanisms to train and introduce the talents of cultural industries, and incorporated the training and introduction of the talents of cultural industries into the working plans for talents and the catalogues of talent introduction.
In drawing up the working plans for talents and the catalogues of talent introduction, the related cultural enterprises, cultural trade associations shall be consulted with on the contents concerning the talents of cultural industries.
Article 24 It shall be encouraged and supported for universities and colleges, research institutions, vocational training institutions and cultural enterprises to establish the scalized, specialized, marketized, internationalized bases of teaching, research, and training for cultural industries.
Universities and colleges shall be encouraged to make adjustments to the specialties they offer according to the actual needs of cultural industries.
It shall be encouraged and supported for universities and colleges, scientific research institutions to train talents for cultural industries jointly with overseas institutions.
Article 25 It shall be encouraged and supported for masters, foremost disciples of artistry in the national （traditional） culture to accept and teach apprentices.
The persons who learn national （traditional） artistry from their masters and obtain corresponding occupational qualifications may enjoy corresponding remunerations.
Article 26 The related departments of the municipal government shall, in accordance with the actual needs of the development of cultural industries, make corresponding policies, establish the flexible mechanism of human resources, support employer units in introduction of top talents and scarce professionals.
Chapter VI Supplementary Provisions
Article 27 The municipal government shall formulate corresponding supporting measures within 6 months from the date when these regulations take effect.
Article 28 Foreign-capital enterprises shall be engaged in cultural industries in the light of related law, regulations.
Article 29 These regulations shall take effect as of January 1, 2009.