（中英文双语对照版）演员聘用合同示范文本（试行）|Model Contract for the Employment of Actors (Trial)

使用说明

           Instructions for Use

一、本合同文本为电视剧、网络剧演员聘用合同示范文本，供电视剧、网络剧的出品方/承制方与演员、演员授权的经纪公司/工作室等单位之间签订聘用合同时使用。

I. This is a model contract for the employment of actors in TV plays and network plays, which is used in the conclusion of an employment contract between the producer/manufacturer of a TV play or network play and the actors and brokerage companies/studios authorized by the actors.

二、合同各方当事人在签约之前应当仔细阅读本合同内容，特别是具有选择性、补充性、填充性、修改性的内容。

II. The parties to the contract shall read the contents of the contract carefully before the signing of the contract, especially those optional, supplementary, filling and modified contents.

三、各方当事人应结合具体情况选定本合同文本的选择性条款，并在空白括号内自行约定补充内容或删除该条款。各方当事人也可以对文本条款的内容进行修改、增补或删除，但不得随意减轻或者免除应当由合同当事人承担的法定责任。合同签订生效后，未被修改的文本视为各方同意的内容。

III. The parties to the contract shall select optional clauses of the contract text according to the specific conditions, and agree on the supplementary contents or delete such clause in the blank brackets. The parties to the contract may also modify, add or delete the contents of the clauses, but shall not arbitrarily mitigate or exempt them from their legal responsibilities. After the contract is signed and comes into effect, the unmodified text shall be deemed as the contents agreed by the parties.

四、本合同文本涉及到的选择、填写内容以手写项为优先。

IV. For the contents to be selected and filled involved in the contract, the handwritten items shall prevail.

五、合同签订前，电视剧、网络剧出品方/承制方应当出示广播电视节目制作经营许可证、营业执照（或事业单位法人证书、民办非企业单位登记证书）等相应资质或证明文件，演员经纪公司/演员工作室、演员本人应当出具营业执照、身份证件等相应资质或证明文件。

V. Before the contract is signed, the producer/manufacturer of a TV play and network play shall present the corresponding qualification or supporting documents such as the Radio and TV Program Production and Business Operation License, and the Business License (or Certificate of Legal Person of Institution and Certificate of Registration for Private Non-enterprise Entities). The brokerage companies/studios and the actors themselves shall present the business licenses, identity certification documents and other corresponding qualification or certification documents.

六、各方知晓并愿意严格遵守《国家广播电视总局关于进一步加强广播电视和网络视听文艺节目管理的通知》《国家广播电视总局办公厅关于进一步加强文艺节目及其人员管理的通知》等相关文件及精神，将演员片酬比例和最高片酬标准限定在合理的制作成本范围内。各方知晓并愿意严格遵守中国广播电影电视社会组织联合会电视制片委员会、中国广播电影电视社会组织联合会演员委员会、中国电视剧制作产业协会、中国网络视听节目服务协会发布的《关于电视剧网络剧制作成本配置比例的意见》要求，全部演员的总片酬不超过制作总成本的 40％，其中主要演员不超过演员总片酬的70％，其他演员不低于演员总片酬的30％。

VI. The parties understand and are willing to strictly abide by the Notice of the National Radio and Television Administration on Further Strengthening the Management of Radio and Television and Network Audio-Visual Cultural and Entertainment Programs, the Notice of the General Office of the National Radio and Television Administration on Further Strengthening the Management of Cultural and Entertainment Programs And Personnel, as well as other relevant documents and spirits, and restrict the remuneration proportion of actors and maximum remuneration standard to a reasonable range of production costs. The parties understand and are willing to strictly abide by the requirements of the Opinions on Distribution Proportion of Production Costs for TV Plays and Network Plays released by China Alliance of Radio, Film and Television Production Committee, the Actors Committee of China Federation of Radio and Television Associations, China Television Drama Production Industry Association, and China Netcasting Services Association. The total remuneration of all actors shall not exceed 40% of the total production costs. Among them, the total remuneration of the main actors shall not exceed 70% of that of the actors and the total remuneration of other actors shall be not less than 30% of that of the actors. 

七、根据国家有关部门要求，各方知晓并同意，演员片酬等劳务合同须以本人名义采取书面形式签订，不得为税后收入合同，不得以近亲属或其他与演艺活动无关的关联方个人名义签订咨询、策划等合同分拆片酬。片酬等劳务收入，不得使用现金方式支付，不得以股权、房产、珠宝、字画、收藏品等变相支付报酬形式隐匿收入，严格区分个人收入和工作室经营所得、公司收入。演员聘用合同书应列明演员经纪公司/演员工作室与演员本人之间的酬金分配以及对应合同义务等情况。

VII. According to the requirements of relevant departments of the state, the parties understand and agree that the labor contract on remuneration for actors shall be signed in writing in their own name, which shall not be an after-tax income contract. It is not allowed to sign the consulting, planning and other contracts for splitting the remuneration in the name of close relatives or other related parties who have nothing to do with the performing activities. The service income such as the remuneration for a movie actor shall not be paid in cash. It is not allowed to conceal income in the form of disguised payments such as equity, real estate, jewelry, calligraphy and painting, and collections. It is required to strictly distinguish between personal income from business income of studios and company income. The employment contract for actors shall list the distribution of remuneration and corresponding contractual obligations between the brokerage companies/studios and the actors themselves.

八、各方应严格依照国家税收法律法规履行依法纳税、代扣代缴义务等法定义务，演员本人应按有关规定做好自行申报纳税。各方违反国家税收法律法规相关规定的，应当依法承担相应法律责任。合同相关条款若存在与国家税收法律法规或国家税务总局相关规定不一致的，以国家税收法律法规或国家税务总局相关规定为准。

VIII. The parties shall fulfill the statutory obligations such as paying taxes according to law and withholding and remitting taxes in strict accordance with the national tax laws and regulations. The actors shall conduct tax declaration and payment by themselves according to relevant regulations. In case the parties violate relevant provisions of the national tax laws and regulations, they shall bear the corresponding legal liabilities according to law. In case of any discrepancy between the relevant clauses of the contract and the provisions of national tax laws and regulations or the State Taxation Administration, the national tax laws and regulations or the relevant provisions of the State Taxation Administration shall prevail.

九、本合同示范文本由中国广播电视社会组织联合会、中国网络视听节目服务协会制定。

IX. The text of this contract is formulated by China Federation of Radio and Television Associations and China Netcasting Services Association.

译文来源：钟灵翻译（www.zzzltrans.com）,仅供学习参考只用，版权所有，谢绝商业转载，侵权必究。