Regulations of Jiangsu Province on the Protection of Intangible Cultural Heritage

(Adopted at the 25th meeting of the Standing Committee of the Tenth People's Congress of Jiangsu Province on September 27th, 2006; revised at the 32nd meeting of the Standing Committee of the Eleventh People's Congress of Jiangsu Province by 20 13+65438).

Chapter I General Principles

Article 1 In order to inherit and carry forward the excellent traditional culture of the Chinese nation and strengthen the protection of intangible cultural heritage, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on Intangible Cultural Heritage and other laws and administrative regulations, combined with the actual situation of this province. Article 2 These Regulations shall apply to the protection and management of intangible cultural heritage within the administrative area of this province. Article 3 Intangible cultural heritage as mentioned in these Regulations refers to various forms of traditional cultural expressions handed down from generation to generation by people of all ethnic groups as part of their cultural heritage, as well as articles and places related to traditional cultural expressions, including: (1) traditional oral literature and its carrier language; (2) Traditional arts, calligraphy, music, dance, drama, folk art and acrobatics; (3) Traditional skills, medicine and calendars; (4) Traditional etiquette, festivals and other folk customs; (5) Traditional sports and entertainment; (6) Other intangible cultural heritage. Objects and places that are part of intangible cultural heritage are all cultural relics, and the Law of People's Republic of China (PRC) on the Protection of Cultural Relics and the Regulations of Jiangsu Province on the Protection of Cultural Relics are applicable. Article 4 The protection of intangible cultural heritage shall follow the principles of giving priority to protection, giving priority to rescue, rational utilization and inheritance and development, and adhere to the principles of government leading, social participation, long-term planning and step-by-step implementation. Article 5 The local people's governments at or above the county level shall strengthen their leadership over the protection of intangible cultural heritage, establish a system of joint departmental meetings, unify and coordinate the protection of intangible cultural heritage, and incorporate the protection of intangible cultural heritage into national economic and social development planning and urban and rural planning. The local people's governments at or above the county level shall include the funds for the protection of intangible cultural heritage in the fiscal budget at the corresponding level, increase investment and gradually improve it. Article 6 The cultural departments of local people's governments at or above the county level shall be responsible for the organization, coordination, supervision and management of the protection of intangible cultural heritage within their respective administrative areas. Intangible cultural heritage protection institutions are responsible for the specific implementation of intangible cultural heritage protection. Other relevant departments of the local people's governments at or above the county level shall be responsible for the protection of intangible cultural heritage within their respective functions and duties. Seventh to encourage and support social groups, institutions of higher learning, research institutions, enterprises, institutions and individuals and other social forces to participate in the protection of intangible cultural heritage. Article 8 Local people's governments at or above the county level shall commend and reward units and individuals that have made remarkable achievements in the protection of intangible cultural heritage.

Chapter II Investigation of Intangible Cultural Heritage

Ninth local people's governments at or above the county level shall, according to the needs of intangible cultural heritage protection, organize the investigation of intangible cultural heritage within their respective administrative areas. The investigation of intangible cultural heritage shall be conducted by the competent cultural department. Other relevant departments of local people's governments at or above the county level may investigate intangible cultural heritage within their scope of work. The investigation of intangible cultural heritage should make a true, systematic and comprehensive record of intangible cultural heritage by means of words, audio recording, video recording and digital multimedia, and establish intangible cultural heritage archives and related databases. Unless it should be kept confidential according to law, the archives of intangible cultural heritage and related data and materials should be made public for public inspection. Tenth overseas organizations or individuals in the province of intangible cultural heritage investigation, shall apply to the competent department of culture of the provincial people's government, specify the investigation content, object, time, place, organization or personnel and other matters. The competent cultural department of the provincial people's government shall make a written decision on approval or disapproval within fifteen days from the date of accepting the application; The approved applicant shall submit the approval documents to the competent cultural department of the local people's government before conducting the investigation. Overseas organizations or individuals shall, within 15 days from the end of the investigation, submit the investigation report and copies and pictures of the information obtained in the investigation to the competent cultural department of the provincial people's government. Overseas organizations conducting intangible cultural heritage surveys in this province shall cooperate with academic research institutions or protection institutions in this province. Eleventh institutions of higher learning and research institutions to attract overseas students and overseas visiting scholars to participate in the investigation of the intangible cultural heritage of the province shall be submitted to the competent cultural department of the provincial people's government for the record. Students studying abroad and overseas visiting scholars should obey the management of their universities, research institutions and cultural authorities when participating in the inspection. Twelfth to carry out intangible cultural heritage investigation, investigation, interview, collection and other activities, should obtain the consent of the respondents, respect national customs, beliefs and habits, respect the authenticity and integrity of the investigation project. No illegal possession or destruction of relevant materials, buildings, places, etc. , and shall not infringe upon the legitimate rights and interests of the respondents. Thirteenth of the intangible cultural heritage projects found through investigation or other means, the competent cultural departments shall timely record and collect relevant information and objects, and take effective measures to protect them in a timely manner. Fourteenth cultural authorities and other relevant departments should properly preserve the intangible cultural heritage materials and objects obtained in the investigation to prevent damage and loss; Copies of materials, physical pictures and electronic documents obtained by other relevant departments shall be summarized and submitted to the competent cultural department at the same level for preservation.

Chapter III List of Representative Projects of Intangible Cultural Heritage

Fifteenth local people's governments at or above the county level shall establish a list of representative items of intangible cultural heritage at the corresponding level, and include intangible cultural heritage items that reflect excellent traditional culture and have historical, literary, artistic and scientific values in the list for protection. Sixteenth citizens, legal persons and other organizations may apply to the local cultural authorities for inclusion in the list of representative intangible cultural heritage projects. Citizens, legal persons and other organizations believe that an intangible cultural heritage embodies excellent traditional culture and has historical, literary, artistic and scientific value, and can put forward suggestions to the cultural authorities for inclusion in the list of representative items of intangible cultural heritage. Article 17 The following materials shall be submitted when applying to or recommending to the competent cultural authorities for inclusion in the list of representative projects of intangible cultural heritage: (1) Introduction of the project, including the name, history, present situation, value and scope of dissemination of the project; (two) the introduction of inheritance, including the pedigree, inheritance mode, knowledge or skill level of the inheritor, and the social impact of the inheritance activities; (three) the protection plan, including the objectives to be achieved and the measures and steps to be taken; (four) audio-visual materials and other materials that are helpful to the project description. Eighteenth the establishment of intangible cultural heritage protection expert evaluation system. The competent cultural department shall establish an expert database of intangible cultural heritage composed of experts with high academic level and good professional ethics. Article 19 The competent department of culture shall organize an expert review team composed of more than five experts to make a preliminary evaluation of the projects that are applied for or suggested to be included in the list of representative projects of intangible cultural heritage. The preliminary comments shall be approved by more than half of the members of the expert review group. The competent department of culture shall organize five or more experts to form an expert review committee to review the preliminary comments and put forward review opinions. The expert review group and the expert review committee randomly select experts in related fields from the intangible cultural heritage expert database; If there are no experts in related fields in the expert database, experts can be selected from outside the expert database. Twentieth cultural authorities shall publicize the projects to be included in the list of representative projects of intangible cultural heritage at the corresponding level, and solicit public opinions. The publicity time shall not be less than twenty days. During the publicity period, citizens, legal persons and other organizations shall raise objections in writing. If the competent department of culture believes that the objection is not established after investigation, it shall inform the objector in writing within 30 days from the date of receiving the objection and explain the reasons; If the objection is established, experts shall be re-organized for review in accordance with the procedures stipulated in these regulations. Twenty-first cultural authorities shall, according to the deliberation opinions and publicity results of the expert review committee, draw up a list of representative projects of intangible cultural heritage at the corresponding level and report it to the people's government at the corresponding level for approval and promulgation. The list of representative projects of intangible cultural heritage in cities and counties (cities, districts) with districts shall be reported to the competent cultural department at the next higher level for the record. Article 22 The provincial people's government may select intangible cultural heritage projects with great historical, literary, artistic and scientific value from the provincial list of representative intangible cultural heritage projects, recommend them to the the State Council cultural authorities for inclusion in the national list of representative intangible cultural heritage projects, and put forward suggestions on applying for national candidate projects such as UNESCO's List of Representative Intangible Cultural Heritage of Humanity, List of Intangible Cultural Heritage in Urgent Need of Protection, and List of Excellent Practices of Intangible Cultural Heritage. The people's governments of cities and counties (cities, districts) with districts may select projects from the list of representative projects of intangible cultural heritage at the corresponding level and recommend them to the competent cultural department at the next higher level for inclusion in the list of representative projects of intangible cultural heritage at the next higher level. Twenty-third local people's governments at or above the county level shall, according to the actual situation, establish a list of endangered intangible cultural heritage representative projects. When establishing a list of representative intangible cultural heritage projects, priority should be given to intangible cultural heritage projects that reflect excellent traditional culture and have historical, literary, artistic and scientific values and are on the verge of disappearing. Twenty-fourth representative projects of intangible cultural heritage can not survive due to objective environmental changes, no inheritance and other reasons. Or after rescue protection, the original approved cultural department of the local people's government shall organize experts to evaluate, investigate and verify, report to the people's government at the same level for approval to withdraw from the list, and make an announcement to the public. Chapter IV Protection Units and Representative Inheritors of Representative Items of Intangible Cultural Heritage Article 25 For items listed in the List of Representative Items of Intangible Cultural Heritage, the competent cultural authorities may identify protection units and representative inheritors. The identification of protection units and representative inheritors shall be reviewed and publicized by more than five experts and expert review committees. If there is any objection to the publicity, it shall be handled in accordance with the provisions of the second paragraph of Article 20 of these regulations. Article 26 The protection unit of a representative project of intangible cultural heritage shall meet the following conditions: (1) Having a representative inheritor of the project; (2) Grasp relatively complete information; (three) the ability to implement the project protection plan and the place and conditions to carry out the inheritance and exhibition activities. Article 27 A representative inheritor of a representative project of intangible cultural heritage shall meet the following conditions: (1) Mastering the intangible cultural heritage it inherits; (2) It is representative in a specific field and has great influence in a certain area; (3) Actively carry out inheritance and communication activities and train successors. Persons who are not directly engaged in the inheritance work and activities of intangible cultural heritage projects shall not be recognized as representative inheritors. Twenty-eighth representative projects of intangible cultural heritage protection units enjoy the following rights: (1) to carry out knowledge and skills teaching, production, display, lectures, academic research, etc. ; (2) Providing products and services to others according to law; (three) to participate in non-public welfare activities and get corresponding remuneration; (four) to carry out the protection work with economic difficulties, you can apply to the local people's governments at or above the county level and their cultural departments for funding; (five) other rights related to the protection of intangible cultural heritage. Article 29 The protection unit of a representative project of intangible cultural heritage shall perform the following obligations: (1) To formulate and implement a project protection and inheritance plan; (two) a comprehensive collection of project information, physical objects, and registration, sorting and archiving; (3) Recommend representative inheritors of the project to provide necessary conditions for their inheritance; (four) to protect the relevant materials, articles, buildings (structures) and places of the project; (five) to carry out publicity and promotion activities of the project; (six) regularly report to the cultural authorities on the protection of the project and the use of special funds, and accept supervision; (seven) to cooperate with the competent department of culture and other relevant departments in the investigation of intangible cultural heritage; (eight) other obligations related to the protection of intangible cultural heritage. If the protection unit of a representative project of intangible cultural heritage fails to perform the obligations specified in the preceding paragraph without justifiable reasons, or cannot continue to perform the protection obligations due to objective reasons, the competent cultural department may cancel its qualification as a protection unit and re-identify the protection unit of the project. Thirtieth representative inheritors of representative intangible cultural heritage projects enjoy the following rights: (1) to carry out activities such as imparting knowledge and skills, artistic creation and production, display, performance and academic research; (two) to provide others with their own knowledge and skills and related raw materials, objects, buildings, places, etc.; (3) Providing products and services to others according to law; (4) Obtaining corresponding remuneration through inheritance, dissemination or other activities; (five) to carry out the inheritance of economic difficulties, you can apply to the local people's governments at or above the county level and their cultural departments for funding; (six) other rights related to the protection of intangible cultural heritage. Article 31 A representative inheritor of a representative project of intangible cultural heritage shall perform the following obligations: (1) Properly preserve and protect knowledge, skills and related original materials, objects, buildings and places. ; (2) Training successors through apprentices or other means; (3) Actively participating in activities such as propaganda, exhibition, performance, exchange and dissemination of intangible cultural heritage; (four) to cooperate with the competent departments of culture and other relevant departments in the investigation of intangible cultural heritage; (five) other obligations related to the protection of intangible cultural heritage. Thirty-second cultural authorities shall establish a representative inheritor's file of the representative project of intangible cultural heritage, and evaluate the representative inheritor once every two years. If the representative inheritor dies, the competent cultural department may re-identify the representative inheritor of the project in accordance with the conditions and procedures stipulated in these regulations; If the representative inheritor loses the ability to inherit, the competent cultural department may award him the title of honorary inheritor and re-identify the representative inheritor of the project; If a representative inheritor fails to perform his inheritance obligations without justifiable reasons, or fails to perform his inheritance obligations for other reasons, the competent cultural department may cancel his qualification as a representative inheritor and re-identify the representative inheritor of the project. Article 33 The protection units and representative inheritors of representative projects of intangible cultural heritage that have made important contributions shall be reported to the people's government at the corresponding level for approval by the competent cultural department, awarded the titles of outstanding protection units and outstanding inheritors, and given rewards and allowances.

Chapter V Inheritance and Dissemination of Intangible Cultural Heritage

Article 34 The local people's governments at or above the county level and their relevant departments shall take the following measures to support the inheritance and dissemination of representative projects of intangible cultural heritage: (1) Recording, sorting out and publishing relevant knowledge and technical materials; (two) to provide the necessary places for the inheritance and communication activities; (3) Providing necessary financial support; (4) Organizing seminars, exhibitions, performances, publicity and promotion activities; (5) Promoting relevant exchanges and cooperation; (six) other measures conducive to the inheritance and dissemination of the project. Article 35 The local people's governments at or above the county level shall take effective measures to organize the competent departments of culture and other relevant departments to publicize and display representative projects of intangible cultural heritage, and may carry out exhibitions, performances, competitions and other related activities in combination with festivals and local folk customs. Thirty-sixth local people's governments at or above the county level shall, according to the needs, establish public cultural facilities for intangible cultural heritage, or set up special exhibition rooms in public cultural institutions for the display, inheritance, collection and research of representative projects of intangible cultural heritage. Academic research institutions and protection institutions of intangible cultural heritage, as well as libraries, cultural centers, mass art museums, cultural centers, cultural stations, museums, archives and science and technology museums. Representative projects of intangible cultural heritage should be disseminated in a planned way. The institutions and facilities listed in the first and second paragraphs of this article shall be open to the public free of charge in accordance with the relevant provisions of the state and the province. Thirty-seventh radio, television, internet, newspapers and other media should publicize the protection of intangible cultural heritage, spread the representative projects of intangible cultural heritage, popularize the knowledge of intangible cultural heritage protection, and raise the awareness of intangible cultural heritage protection in the whole society. Encourage and support educational institutions to incorporate local outstanding intangible cultural heritage projects into quality education, and carry out activities to spread and promote outstanding intangible cultural heritage in the form of offering relevant courses. Encourage and support scientific research institutions and educational institutions to carry out research on the protection of intangible cultural heritage and train specialized personnel. Thirty-eighth encourage and support citizens, legal persons and other organizations to set up research institutions of intangible cultural heritage, and set up special museums, exhibition halls and studios to display, inherit, spread and study representative projects of intangible cultural heritage. Article 39 Encourage and support giving full play to the special advantages of intangible cultural heritage resources, rationally utilizing intangible cultural heritage resources on the basis of effective protection, carrying out literary and artistic creation to promote excellent traditional culture, developing traditional cultural products with folk and local cultural characteristics, and expanding folk custom cultural tourism services. The use of intangible cultural heritage for creation, adaptation, exhibition, performance, product development, tourism and other activities shall respect its authenticity and cultural connotation, maintain its original cultural ecology and cultural features, and shall not be distorted or derogated. Fortieth encourage and support citizens, legal persons and other organizations to donate or entrust all their intangible cultural heritage materials, objects, buildings and places to the collection, storage, display or use of intangible cultural heritage collection, research institutions and other cultural institutions established by the people's government. The donor shall be rewarded and a donation certificate shall be issued; The client shall indicate the name of the entrusting unit or individual. Intangible cultural heritage collection, research institutions and other cultural institutions established by local people's governments at or above the county level shall follow the principle of voluntariness, set reasonable prices and issue certificates to all people when collecting and purchasing intangible cultural heritage materials, objects, buildings and places within their administrative areas. Article 41 Intangible cultural heritage materials, objects, buildings and places collected, purchased and donated by local people's governments at or above the county level belong to the state and should be properly protected and managed. No unit or individual may occupy or destroy it. Materials, objects, buildings, places, etc. Representative projects of intangible cultural heritage legally owned by citizens, legal persons and other organizations shall be protected by law. Forty-second precious intangible cultural heritage of the original materials and objects, restrictions on business, exit. Specific measures shall be implemented in accordance with the relevant provisions of the state and the province. Article 43 Where the traditional crafts, production techniques, artistic expressions and other techniques listed in the representative list of intangible cultural heritage belong to state secrets, the classification, confidentiality period and scope of knowledge shall be determined in accordance with the provisions of confidentiality laws and regulations, the key points of confidentiality shall be marked, and corresponding confidentiality measures shall be taken. Traditional techniques, production techniques, artistic expression methods and other techniques included in the scope of confidentiality shall be disseminated, taught and transferred in the ways and means prescribed by confidentiality laws and regulations, and relevant rights holders shall not teach or transfer them to overseas organizations or individuals without authorization. Article 44 Intellectual property rights of intangible cultural heritage and other rights based on traditional knowledge and folk literature and art shall be protected according to law.

Chapter VI Safeguard Measures

Forty-fifth local people's governments at or above the county level shall strengthen the construction of intangible cultural heritage protection talents, and cultivate and introduce professionals in the research, inheritance, protection and management of intangible cultural heritage. Forty-sixth cultural authorities shall organize the formulation of protection plans for representative projects of intangible cultural heritage, giving priority to the protection of representative projects of intangible cultural heritage at or above the provincial level. The formulation and implementation of protection planning should listen to the opinions and suggestions of experts. The competent department of culture shall formulate special plans, implement rescue protection for representative projects of intangible cultural heritage that are on the verge of disappearing, record, sort out and preserve project materials and objects, repair buildings and places, improve the working and living conditions of representative inheritors, arrange or hire personnel to study, and conduct annual evaluation and inspection. Article 47 Local people's governments at or above the county level shall set up special funds for the protection of intangible cultural heritage, which are mainly used for the following intangible cultural heritage protection work: (1) investigation, recording, archiving, database construction and maintenance, and collection, collation and preservation of precious materials and objects; (two) the protection of representative projects and the rescue of endangered projects; (3) Subsidies and funding for the work and activities of representative inheritors; (4) Publicity, publication, exhibition, performance, research, consultation, planning and personnel training; (five) the construction or repair of protection and learning facilities; (six) public cultural facilities are open free of charge; (7) Other important matters. The cultural and financial departments of the local people's governments at or above the county level shall strengthen the management of special funds for the protection of intangible cultural heritage and ensure that the funds are earmarked. Forty-eighth local people's governments at or above the county level shall strengthen their support for the protection of intangible cultural heritage in economically underdeveloped areas and ethnic minorities in terms of funds, personnel training and facilities construction. Units and individuals that rationally utilize the representative projects of intangible cultural heritage to develop cultural industries shall be supported by special funds for the development of cultural industries. Forty-ninth encourage and support citizens, legal persons and other organizations to support the protection of intangible cultural heritage through donations, the establishment of special funds or protection funds. Citizens, legal persons and other organizations that donate to the protection of intangible cultural heritage enjoy preferential tax treatment in accordance with the relevant provisions of the state and the province. Article 50 Citizens, legal persons and other organizations are encouraged and supported to carry out scientific and technological research on the methods of intangible cultural heritage protection, carry out regional and international exchanges and cooperation in the protection of intangible cultural heritage, and sort out, study and publish the literature, classics and materials of representative projects of intangible cultural heritage. Article 51 For specific areas with rich intangible cultural heritage resources, relatively concentrated representative projects, relatively complete forms and connotations, and relatively good natural ecological environment and humanistic ecological environment, the local cultural authorities may formulate special protection plans and, with the approval of the people's government at the corresponding level, set up cultural and ecological protection zones with intangible cultural heritage as the core to implement overall regional protection. Where the implementation of regional overall protection involves the spatial planning of towns or blocks where intangible cultural heritage is concentrated, the local competent department of urban and rural planning shall formulate special protection plans according to law. Article 52 The local people's governments at or above the county level shall, in urban and rural planning and construction, delimit the scope of protection of buildings, sites, relics and their appendages directly related to the representative projects of intangible cultural heritage, make signs, establish special archives and take effective measures to protect them. The symbol description mentioned in the preceding paragraph includes the name, grade and brief introduction of the representative items of intangible cultural heritage, as well as the organ and date of setting up the symbol. Article 53 The local people's governments at or above the county level shall strengthen the protection of rare minerals, animals, plants and other natural raw materials closely related to the representative projects of intangible cultural heritage, restrict mining, hunting and gathering according to law, and improve the utilization efficiency. Unauthorized excavation, indiscriminate excavation, poaching and selling of rare minerals, animals, plants and other natural raw materials closely related to the representative projects of intangible cultural heritage are prohibited. Article 54 The competent department of culture shall supervise and inspect the implementation and protection of the protection plan for the representative projects of intangible cultural heritage; If it is found that the protection plan has not been effectively implemented or the protection work is ineffective, it should be corrected and handled in time.

Chapter VII Legal Liability

Article 55 If an overseas organization or individual, in violation of the provisions of these Regulations, conducts an investigation of intangible cultural heritage without authorization, the competent cultural department shall order it to make corrections, give it a warning, and confiscate the illegal income and the physical objects obtained in the investigation; If the circumstances are serious, a fine of 1 00,000 yuan to 500,000 yuan shall be imposed on overseas organizations, and a fine of110,000 yuan to 50,000 yuan shall be imposed on overseas individuals. Article 56 If citizens, legal persons and other organizations, in violation of the provisions of these Regulations, resort to deceit in the process of declaring representative items of intangible cultural heritage and their protection units or representative inheritors, the competent cultural department shall order them to make corrections and give them a warning; If the circumstances are serious, its qualification shall be cancelled; Those that have been identified as representative projects of intangible cultural heritage and their protection units or representative inheritors shall be revoked and ordered to return project protection, inheritance funds, subsidy funds, etc. Article 57 Where citizens, legal persons and other organizations, in violation of the provisions of these Regulations, occupy or destroy the relevant materials, objects, buildings and places of the representative projects of intangible cultural heritage that have been listed, the competent cultural department shall order them to make corrections, restore to the original state or compensate for the losses, and may also impose a fine of more than 2,000 yuan but less than 20,000 yuan; If the circumstances are serious, a fine of not less than 20,000 yuan but not more than 100,000 yuan shall be imposed; Illegal income, confiscate the illegal income; If it constitutes a violation of public security administration, it shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 58 In violation of the provisions of these Regulations, if the cultural authorities and other relevant departments, intangible cultural heritage protection institutions and their staff have any of the following circumstances in the protection of intangible cultural heritage, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) failing to record and collect the relevant physical objects of intangible cultural heritage projects that are on the verge of disappearing in time, and failing to take effective measures in time for rescue protection, thus causing serious consequences; (2) Failing to properly protect and manage the precious materials, objects, buildings and places of intangible cultural heritage collected, purchased and donated, thus causing serious consequences; (three) the investigation of intangible cultural heritage does not respect the national customs, beliefs and habits, resulting in serious consequences; (four) in violation of statutory conditions and procedures to identify the representative projects of intangible cultural heritage and their protection units and representative inheritors; (five) to help the relevant units and individuals to provide false materials to declare the representative projects of intangible cultural heritage and their protection units and representative inheritors; (six) failing to organize the formulation of the protection plan for the representative projects of intangible cultural heritage, and failing to supervise and inspect the implementation of the protection plan; (seven) corruption, misappropriation of intangible cultural heritage protection funds.

Chapter VIII Supplementary Provisions

Article 59 These Regulations shall come into force on April 20 13 1 day.