China INSTITUTIONAL AND LEGAL FRAMEWORK

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1 China The Artist s Place in Society The artist s place in society depends on his/her personal situation. He/she may need to resort to other forms of gainful employment, such as teaching or advertising. National laws and regulations regarding employment and working conditions, health care, social welfare, and training are general and apply to all workers. Various programmes have been adopted to promote the arts. INSTITUTIONAL AND LEGAL FRAMEWORK International laws (conventions, agreements and recommendations) in the field of culture applied by China: The International Covenant on Economic, Social and Cultural Rights, adopted 16 December 1966; entry into force 3 March Berne Convention for the Protection of Literary and Artistic Works, adopted 9 September 1886; revised 1971; amended Convention on Universal Copyright, adopted 6 September Regulations on the Administration of Audiovisual Products, adopted 12 December 2001; entry into force 1 February Governmental units in charge of: a) Cultural affairs: Ministry of Culture b) Cultural policy-making: Ministry of Culture c) Working conditions of artists including disabled artists: Ministry of Culture d) Continuing training of artists and cultural workers: Ministry of Culture e) Cultural research: Chinese Academy of Arts (subordinated to Ministry of Culture) f) Tax policies and taxation in the field of culture: State Administration of Taxation and Ministry of Finance Cultural policies Percentage (average) of the national budget allocated to culture The total amount of the nation's expenses of cultural affairs from 1996 to 2001 was billion RMB. This sum reflects a rising trend of a 13.6% annual increase from 1996 to

2 Policies aimed at promoting the arts Various laws and regulations have been promulgated to protect the rights of artists, which aim to clarify the qualification and the legal position of performing-art groups and to stimulate artists creation. According to the basic principle for the development of literature and the arts, Let a hundred flowers blossom and all schools of thoughts contend, the government is trying to provide a comfortable and harmonious academic and social environment to encourage diversified means of creation, and to encourage free discussion. Besides, to promote the development of various arts, there are various programmes such as the National Project of Sharing Cultural Information Resources, the Dandelion Plan, various awards such as the Luxun Award for Literature, the Flowers Award for Opera and Drama, the Golden Rooster Award for Film, the Golden Eagle Award for Television Programme, and awards in the evaluation of the arts of ethnic groups, such as the Peacock Award and the Steed Award. Existing structures enabling artists to be involved in cultural policy-making at local and national levels The Chinese People's Political Consultative Conference Political Consultative Conference of local administration Measures to improve cultural infrastructures (museums, concert or theatre halls, libraries, etc.) Important cultural infrastructures have been built in recent years. The government invested a total amount of 8.37 billion RMB in public cultural infrastructure from 1998 to At different levels, local governments invested 1.2 billion RMB in constructing and renovating local libraries and cultural centres. Regulations on public culture and sports institutions stipulate clearly and specifically for the construction, usage, administration and protection of public cultural institutions. According to Item 4 of the Constitution, preferential policies are implemented for the construction of cultural institutions in areas of ethnic groups. Supported by the government, every ethnic group has established a performing group of its own arts. Since 1990, the central and local governments have provided a lot of special funds for the construction of cultural infrastructures in areas of ethnic groups. Measures promoting the integration of disabled artists China Art Ensemble of the Disabled was established with the aim of ensuring the right of disabled artists participation in art activities, and supporting the art creation of disabled artists. Legal framework Laws and regulations governing the work of artists a) Employment and working conditions: Law on Labour, adopted 5 July 1994; entry into force 1 January Law on the Protection of Women s Rights and Interests, adopted Regulations on the Labour Protection of Female Workers, adopted July 1988 (see also Law on Labour, Chapter 7)

3 Law on Trade Unions, adopted 3 April 1992; amended 27 October Regulations on Minimum Wages, adopted in 1993; amended 1 July Regulations by the State Council on Working Time of Labour (see Law on Labour, Chapter 4) Provisions of the State Council for Home Leave, adopted 6 March 1981; entry into force 14 March Measures of Holidays in National Festivals and Commemoration days (see Law on Labour, Chapter 4) b) Social welfare (health insurance, occupational accidents, disability, unemployment and pensions): Social Insurance and Welfare (see Law on Labour, Chapter 9) Regulations on Unemployment Insurance, entry into force 22 January Regulations on Guaranteeing Urban Residents Minimum Standard of Living, adopted in Law on the Protection of Disabled People, adopted 28 December 1990; entry into force 15 May Regulations on Minimum Wages, adopted in 1993; amended 1 July c) Training: Law of Education, adopted 8 March 1995; entry into force 1 September Law of Vocational Education, adopted 15 May Regulations on the Education of Disabled People (see Law on the Protection of Disabled People, Chapter 3) All laws and regulations are general and apply to all workers. WORKING CONDITIONS Health care system In 1998, an insurance system of basic health care was established nationwide for working staff in cities and towns. The expenses of this insurance scheme are covered by both the professional units and by the working staff. This system applies to all workers; there is no specific scheme for artists. There is no private health care scheme. However, a special health care system for disabled artists exists. Administrative inspections The inspection covers safety, hygiene, scope of business, copyright protection, intellectual property protection, etc. The Ministry of Culture and the Ministry of Health carry it out. Penalties are imposed in the event of breach of regulations and depend on whether the breach is serious or not. A fine is imposed for light breach, closure for serious breach, and resort to law for the most serious breach

4 SOCIAL WELFARE The schemes in place cover unemployment insurance, retirement insurance and health insurance. In China, social coverage is compulsory. Complementary insurance scheme Artists may resort to complementary insurance schemes at their own discretion. The State administers contributions and the payment of benefits. REMUNERATION Minimum level of payment There is a minimum level of payment per month. Salaried artists are paid wages directly or through professional organizations. UNEMPLOYMENT An unemployment insurance scheme for artists exists and is administrated by the artists working units. TAX STATUS AND TAX ADVANTAGES Artists tax status Artists do not enjoy a particular tax status. Exemptions regarding temporary import duties on cultural products There are no special provisions or exceptions regarding temporary import duties on cultural products, nor on equipment and materials required for cultural production. There are no regional or interregional agreements on customs duties governing the circulation of cultural products, nor special provisions on inheritance tax in respect to works of art. CONTINUING TRAINING AND FINANCIAL AID Vocational training for artists Vocational training is available for artists. The government occasionally provides funding, other times artists raise the funds by themselves. Further vocational training covers update of professional skills and administration of cultural institutions

5 Institutions and vocational schools providing continuing training: a) Visual arts (painting, sculpture, graphic arts, photography and multimedia): The Central Academy of Fine Arts The Central Academy of Arts and Handicrafts b) Performing arts (drama, street theatre, puppet theatre, the circus): China Film Institute The Central Institute of Drama c) Film and audiovisual media: China Film Institute The Central Institute of Drama Beijing Institute of Broadcasting d) Dance and choreography: China Conservatory of Music The Central Conservatory e) Literature Many universities in China provide continuing training in literature. f) Music (classical opera, jazz, variety, traditional, etc.): China Conservatory of Music The Central Conservatory The Central Academy of Cultural Administration The Central Academy of Cultural Administration offers training for artists in administration, administrative management and career management. The Chinese Academy of Arts The Chinese Academy of Arts offers courses dedicated to the retraining of artists. Resources used to promote knowledge about copyright and neighbouring rights among artists (courses, lectures, publications, etc.): Copyright and neighbouring rights are promoted by various means, notably through the organisation of lectures. The Institute of Copyright and the Training Centre of Copyright are established in many universities, training professionals in the field of copyright and providing training courses to the artists, for example, Beijing University. ORGANISATIONS 1) Governmental organizations working in the culture sector: Ministry of Culture - 5 -

6 2) Ministries, councils and other government bodies in charge of culture: Ministry of Culture The State Administration of Radio, Film and Television 3) Government authorities responsible for the social integration of disables artists within the cultural sector: Ministry of Culture REGISTER OF ARTISTS AND CULTURAL PROFESSIONALS There is no register of artists and cultural professionals in China. Source: Ministry of Culture of the Popular Republic of China, March