The full text of Shanghai Intangible Cultural Heritage Protection Regulations 2019

Regulations on the Protection of Intangible Cultural Heritage of Shanghai Municipality

General Provisions

Article 1

In order to strengthen the protection of the intangible cultural heritage, to inherit and develop the historical lineage of Shanghai, and to inherit and carry forward the excellent traditional culture of the Chinese nation, in accordance with the "Law of the People's Republic of China on Intangible Cultural Heritage of the People's Republic of China" (hereinafter referred to as the "Law on Intangible Cultural Heritage") and other laws, administrative regulations Regulations, combined with the actuality of the city, the formulation of these regulations.

Article 2

These regulations shall apply to the investigation, preservation, identification, utilization, transmission, dissemination and other protection activities of the intangible cultural heritage within the administrative area of the city, as well as to the related management.

Article 3

The people's governments of the city and districts and counties shall incorporate the protection of intangible cultural heritage into the national economic and social development planning at this level, and include the funds required for the protection of intangible cultural heritage in the budget of the local financial budget, and establish a mechanism for financial security that is compatible with economic and social development.

Township and township people's governments and street offices should cooperate in the protection of intangible cultural heritage.

Article 4

The cultural administrative departments of the municipal and district and county people's governments shall be responsible for the protection of the intangible cultural heritage in their respective administrative regions.

The departments of development and reform, finance, education, human resources and social security, press and publication, planning and land resources, economic informatization, commerce, industry and commerce, agriculture, health and family planning, nationalities and religions, intellectual property rights and other departments shall be responsible for the protection of the intangible cultural heritage within their respective areas of responsibility.

The cultural administration shall, in conjunction with the relevant departments, establish a joint departmental meeting system to coordinate and solve major problems in the protection of intangible cultural heritage.

Article 5

The intangible cultural heritage protection organizations under the municipal cultural administration shall undertake specific work related to the protection of intangible cultural heritage.

The people's governments of districts and counties shall, according to the actual needs of the safeguarding of intangible cultural heritage in the administrative regions, establish and improve the safeguarding institutions, and strengthen the cultivation of specialized talents and the construction of professional teams.

Article 6

The city shall establish an expert committee for the protection of intangible cultural heritage. The expert committee shall be composed of people in the fields of history, culture, art and science, and shall provide decision-making advice for the safeguarding of intangible cultural heritage in the city.

Article 7

The city's intangible cultural heritage protection association and other relevant social organizations in accordance with their respective statutes, to carry out the protection of intangible cultural heritage, as well as related academic exchanges, consulting services, rights and interests.

Article 8

Encourage and support other social organizations, citizens and legal persons to participate in the protection of intangible cultural heritage through research, collection, display, inheritance, donation, volunteer services.

Article 9

The people's governments of cities, districts and counties shall strengthen the publicity of the protection of intangible cultural heritage, and raise the awareness of society as a whole to protect intangible cultural heritage.

Radio, television, newspapers, websites and other media shall publicize the protection of intangible cultural heritage and popularize the knowledge of intangible cultural heritage protection.

Investigation and Preservation

Article 10

The people's governments of cities, districts and counties shall, according to the needs of the safeguarding of intangible cultural heritage, organize investigations of intangible cultural heritage.

The cultural administrative departments of districts and counties shall be specifically responsible for the investigation of intangible cultural heritage in their administrative areas. Municipal cultural administrative departments should strengthen guidance, coordination, and district and county cultural administrative departments to investigate the intangible cultural heritage survey is difficult to cover.

Other relevant departments of the municipal and district and county people's governments may, in accordance with the law, investigate the intangible cultural heritage in their fields of work.

Citizens, legal persons and other organizations can carry out investigations of intangible cultural heritage in accordance with law.

The specific methods and requirements for the cultural administration and other relevant departments, citizens, legal persons and other organizations to carry out investigations of intangible cultural heritage shall be implemented in accordance with the relevant provisions of the Intangible Cultural Heritage Law.

Article 11

The administrative departments of culture and other relevant departments shall conduct investigations of the intangible cultural heritage, and shall identify, record and archive the intangible cultural heritage, and establish and improve the mechanism for enjoying the investigated information ****.

The cultural administration and other relevant departments to carry out investigations of the intangible cultural heritage shall collect representative objects that are part of the intangible cultural heritage, organize the information obtained in the investigation work, and properly preserved to prevent damage and loss. Other relevant departments to obtain physical pictures, information copies, should be remitted to the same level of cultural administration.

Article 12

The administrative department of culture shall establish an archive of the intangible cultural heritage and a related database. Except for those which shall be kept confidential in accordance with law, the archives of intangible cultural heritage and related data and information shall be open for public inspection.

Representative Item List

Article 13

The people's governments of municipalities, districts and counties shall establish a representative item list of the intangible cultural heritage at their respective levels, and include in the list intangible cultural heritage items embodying the excellent traditional culture of the Chinese nation within their respective administrative regions, and possessing historical, literary, artistic, and scientific values for protection.

The municipal cultural administration shall formulate unified standards and procedures for the identification of representative items of intangible cultural heritage.

Article 14

The municipal, district and county cultural administrative departments shall select items to be included in the Representative Items List of Intangible Cultural Heritage at their respective levels from among the items of intangible cultural heritage found through investigation or other means.

The people's governments of districts and counties may recommend to the municipal cultural administrative departments the items to be included in the municipal list of representative items of intangible cultural heritage from the list of representative items of intangible cultural heritage at their own level.

Citizens, legal persons and other organizations who believe that a certain intangible cultural heritage embodies the excellent traditional culture of the Chinese nation and has historical, literary, artistic and scientific value can make a proposal to the municipal or district or county administrative departments of culture to be included in the list of representative items of intangible cultural heritage of the current level.

Article 15

The municipal and district or county cultural administrative departments shall select five or more experts in relevant fields from the expert committee for the protection of intangible cultural heritage in the city, and assess the items to be included or recommended or suggested to be included in the list of representative items of intangible cultural heritage at the current level in accordance with the standards and procedures for the identification of representative items of intangible cultural heritage.

The evaluation shall follow the principles of openness, fairness and impartiality.

Article 16

Municipal and district and county cultural administrative departments shall publicize the items to be included in the Representative List of Intangible Cultural Heritage Items at the current level after the evaluation by experts to solicit public opinions. Publicity time shall not be less than twenty days.

During the publicity period, citizens, legal persons and other organizations have objections, can be put forward in writing to the cultural administrative department. Cultural administration shall organize experts to verify the objections, that the objections are not established, within twenty days of receipt of objections, notify the objector in writing and explain the reasons; that the objections are established, re-assessment.

Article 17

Municipal and district and county cultural administrative departments, based on expert evaluation and publicity, to draw up a representative list of intangible cultural heritage at this level, reported to the people's government of the people's government for approval and publication.

The list of representative items of intangible cultural heritage in the districts and counties shall be reported to the municipal cultural administration for the record.

Classified protection and rational use

Article 18

The people's governments of cities, districts and counties and their relevant departments shall, according to the different conditions and characteristics of the intangible cultural heritage, carry out classified protection, and focus on the protection of representative items of intangible cultural heritage on the verge of disappearing, or unique to the city and of high historical and cultural value.

Article 19

For representative items of intangible cultural heritage that are on the verge of disappearing and are difficult to pass on in a living state, the municipal and district and county cultural administration departments shall take measures to record and organize their contents, forms of expression, and processes of techniques, compile and print books, produce audio-visual materials, and set up archives, etc., so as to carry out salvage protection.

Article 20

For the wider audience, living inheritance of the intangible cultural heritage of the foundation of a good representative project, the city and district and county cultural administrative departments can be identified through the representative inheritor, training of successors, support for inheritance bases, etc., the implementation of inheritance protection.

Article 21

For representative items of intangible cultural heritage such as traditional arts, traditional fine arts, traditional medicine and drug concoctions, etc., which have productive skills and social needs, and which can be transformed into cultural products with the help of means of production, circulation and sale, the people's governments of the cities and districts and counties and their relevant departments shall implement productive protection by supporting, guiding and regulating the reasonable development and utilization of the items, so that the core of the items can be protected. Productive protection, so that the core skills of the project in the production practice can be inherited.

The productive protection of representative items of intangible cultural heritage shall maintain the authenticity, integrity and inheritance of intangible cultural heritage, and shall not change its traditional production methods, traditional crafts and core skills without authorization.

Article 22

The people's governments of municipalities, districts and counties and their relevant departments shall take measures to protect the endangered raw materials required for the representative items of the intangible cultural heritage; and encourage the planting and cultivation of natural raw materials required for the representative items of the intangible cultural heritage in accordance with the law, or the development, popularization and application of substitutes for the relevant natural raw materials.

Article 23

The people's governments of the city and districts and counties shall give priority to the traditional skills of eligible Chinese old and Shanghai old enterprises to be included in the list of representative items of intangible cultural heritage at this level, and to increase the protection and support to promote the inheritance and development of the city's industrial and commercial culture.

Article 24

For specific areas where representative items of intangible cultural heritage are concentrated, distinctive, and where the forms and connotations remain intact, the municipal and district and county cultural administration departments may formulate a special protection plan, and after submitting it for approval by the people's government of the corresponding level, implement regional overall protection of representative items of intangible cultural heritage and their related places and objects.

The implementation of regional overall protection involves the spatial planning of representative items of intangible cultural heritage concentrated area, by the planning, land and resources departments, in conjunction with the relevant professional management departments to develop special protection plans.

Article 25

The utilization of the intangible cultural heritage shall be based on the principle of respecting its authenticity, cultural connotation and natural evolutionary process, maintaining its original cultural ecology and cultural landscape, and shall not be distorted, degraded or abused.

Article 26

Encouragement and support for the rational use of representative items of the intangible cultural heritage to develop cultural products and services with local and national characteristics and market potential through integration with the development of cultural industries on the basis of effective protection.

Article 27

Intellectual property rights such as copyrights and trademarks based on the intangible cultural heritage shall be protected in accordance with law.

Inheritance and Dissemination

Article 28

Municipal and district and county cultural administrative departments may recognize representative inheritors of representative items of intangible cultural heritage approved and announced by the people's government at their respective levels. Representative inheritors include individuals and groups.

The representative bearer of the representative items of intangible cultural heritage shall meet the following conditions:

(a) proficiency in the intangible cultural heritage that he or she inherits;

(b) representativeness in a specific field and a greater impact in a certain region;

(c) active in the inheritance of activities.

Determination of representative bearers of representative items of intangible cultural heritage shall refer to the implementation of the provisions of these Regulations on the evaluation of representative items of intangible cultural heritage.

Municipal and district and county cultural administrative departments shall identify the representative bearers of representative items of intangible cultural heritage to the public, and establish representative bearer files.

Article 29

The representative bearers of representative items of intangible cultural heritage shall enjoy the following rights:

(1) to carry out the teaching of knowledge and skills, artistic creation and production, display, performance, academic research and other activities;

(2) to rationally utilize the representative items of intangible cultural heritage, and to provide relevant products and services;

> (c) to obtain remuneration corresponding to the transmission and dissemination work or other activities;

(d) other rights related to the safeguarding of the intangible cultural heritage.

The representative bearer of a representative item of intangible cultural heritage shall fulfill the following obligations:

(1) to carry out inheritance activities and cultivate successors;

(2) to properly preserve the relevant objects and materials;

(3) to cooperate with the cultural administrative departments and other relevant departments in conducting investigations of intangible cultural heritage;

(4) to participate in public welfare work for the intangible cultural heritage;

(5) to participate in public welfare work for the intangible cultural heritage; and ) Participate in the publicity of intangible cultural heritage.

Article 30

If the representative bearer of a representative item of intangible cultural heritage loses the ability to pass on the heritage, the administrative department of culture may, in accordance with the conditions and procedures stipulated in the present Regulations, re-or supplementally recognize the representative bearer of the item.

Article 31

The municipal and district and county cultural administrative departments may, in accordance with the relevant provisions of the State and the city, identify the representative items of intangible cultural heritage from among the enterprises, institutions and social organizations which are willing to undertake the obligation to protect the representative items of intangible cultural heritage, and which are equipped with the necessary personnel, facilities and venues to carry out the protection work, in accordance with the principles and procedures of openness, fairness and impartiality. The protection unit of the representative project.

Encourage enterprises, institutions and social organizations to volunteer as a representative item of intangible cultural heritage protection unit, enjoy the corresponding rights and obligations.

Article 32

The safeguarding unit of a representative item of the intangible cultural heritage shall enjoy the following rights:

(1) to conduct research on the representative item of the intangible cultural heritage;

(2) to rationally utilize the representative item of the intangible cultural heritage, and to provide the relevant products and services;

(3) to recommend to the administrative department of culture that the representative bearer of the representative item of the intangible cultural heritage shall be entitled to the following rights. (c) recommending to the cultural administrative department representative bearers of representative items of intangible cultural heritage;

(d) other rights related to the safeguarding of intangible cultural heritage.

The safeguarding unit of a representative item of intangible cultural heritage shall fulfill the following obligations:

(1) to formulate and implement a plan for the safeguarding and transmission of the representative item of intangible cultural heritage, and to provide the necessary conditions for the representative bearer to carry out the transmission activities;

(2) to collect and sort out the information and objects of the representative item of intangible cultural heritage, and to make recommendations to the cultural administrative department for the recommendation of the representative bearer;

(4) other rights related to the safeguarding of intangible cultural heritage. (b) collect and organize information and objects of representative items of intangible cultural heritage, and protect the relevant information, objects, buildings and places;

(c) carry out publicity and display activities of representative items of intangible cultural heritage;

(d) other obligations related to the protection of intangible cultural heritage.

Article 33

The people's governments of cities, districts and counties shall organize cultural administrative departments and other relevant departments to publicize and display representative items of intangible cultural heritage, and combine them with the Citizen's Cultural Festival, Cultural Heritage Day, traditional festivals and folk custom activities to display the achievements of safeguarding representative items of intangible cultural heritage, and to create a social atmosphere for the protection of intangible cultural heritage.

Encourage public **** transportation and its waiting area, commercial business places, parks, green spaces and other public **** places with display space and conditions to support and facilitate the promotion and display of representative items of intangible cultural heritage.

Article 34

Intangible cultural heritage academic research institutions, protection institutions, libraries, cultural centers, museums, science and technology museums, art museums, archives, youth activity centers, workers' cultural palaces, community cultural activity centers and other public **** cultural institutions, as well as the use of financial funds for the organization of cultural and artistic performances, performing arts groups, performance venues, such as business units, should be based on their respective Scope of business, planned to carry out representative items of intangible cultural heritage research, collection, display, inheritance and other activities.

Citizens, legal persons and other organizations are encouraged and supported to set up research institutions for intangible cultural heritage in accordance with the law, set up display and inheritance sites, organize public welfare activities to display intangible cultural heritage, research, collection, display and inheritance of representative items of intangible cultural heritage.

Encourage and support citizens, legal persons and other organizations to collate, translate and publish original documents, canons and materials of intangible cultural heritage.

Article 35

Schools shall adopt the method of combining classroom teaching and social practice, and popularize the knowledge of intangible cultural heritage among students by integrating the content of intangible cultural heritage into the relevant courses or combining it with the special courses or opening school-based courses.

Encourage and support representative bearers of representative items of intangible cultural heritage and protection units to participate in the intangible cultural heritage courses conducted by schools.

The use of financial funds to open the intangible cultural heritage thematic public **** cultural facilities or exhibition rooms should provide services and facilities for schools to carry out educational activities.

Article 36

Representative items of intangible cultural heritage with special characteristics from other regions shall be encouraged and supported to be inherited and disseminated in the city, and to be integrated with local culture.

Safeguards

Article 37

The Municipality shall set up special funds for the protection of the intangible cultural heritage at the municipal level, which shall be used for the organization and management of the protection of the intangible cultural heritage, and for the subsidies for the representative items of the intangible cultural heritage and the representative bearers.

The people's governments of districts and counties shall establish special funds for the protection of intangible cultural heritage at their own levels, with reference to the relevant provisions of the special funds for the protection of intangible cultural heritage in the city.

The representative items of intangible cultural heritage protection unit belongs to the financial allocation of institutions, can be in accordance with the relevant provisions of the state and the city, to the financial sector to apply for budgetary funds.

Cultural administration, finance, audit and other departments should strengthen the supervision and management of funds for the protection of intangible cultural heritage.

Article 38

Units and individuals who reasonably utilize the representative items of intangible cultural heritage to develop cultural industries, in line with the direction of support for the national special funds for the development of cultural industries, shall be supported when declaring the special funds for the development of cultural industries.

Units and individuals who reasonably utilize representative items of intangible cultural heritage shall enjoy the tax concessions provided by the state in accordance with the law.

Article 39

The people's governments of cities, districts and counties shall, according to the needs, establish special public **** cultural facilities for intangible cultural heritage, or set up special exhibition rooms in public **** cultural institutions, and strengthen the construction of intangible cultural heritage demonstration, inheritance, exchange places and inheritance bases.

Article 40

The administrative department of culture shall, in conjunction with the relevant departments, focus on supporting and cultivating the representative bearers and successors of representative items of the intangible cultural heritage that are on the verge of disappearing.

The education department shall support and guide schools of higher education, secondary vocational schools through the opening of intangible cultural heritage protection majors or courses, the establishment of teaching, heritage base, promote the integration of industry and education, school-enterprise cooperation, etc., to cultivate professionals; and intangible cultural heritage skills and inheritance of the relevant specialties included in the professional catalog of vocational education incentives, the implementation of tuition reductions and exemptions, and other preferential policies.

With a certain level of professional and technical level of intangible cultural heritage representative of the representative project of the inheritor, in accordance with the relevant provisions of the state and the city, to declare professional and technical titles.

Article 41

Citizens, legal persons and other organizations are encouraged to support the protection of intangible cultural heritage through the establishment of funds for the protection of intangible cultural heritage, donations of intangible cultural heritage-related materials, objects and protection funds.

Accept intangible cultural heritage related materials, physical donations of the unit should establish and improve the registration and storage, management and use of the system, properly preserved.

Encourage volunteer organizations and other relevant social organizations to carry out volunteer activities related to the protection of intangible cultural heritage.

Article 42

Representative bearers and protection units of representative items of intangible cultural heritage that have made significant contributions shall be commended in accordance with the relevant provisions of the State and the city.

Citizens are encouraged to learn and pass on the skills of representative items of intangible cultural heritage, and appropriate funding is given to successors with outstanding performance.

Article 43

The people's governments of the cities, districts and counties shall include the fulfillment of the duties of the relevant departments in the protection of intangible cultural heritage in their performance appraisal.

Article 44

The Municipality shall establish a system of periodic evaluation of the protection of representative items of intangible cultural heritage. The municipal, district and county cultural administration departments shall assess the safeguarding of representative items of intangible cultural heritage at their respective levels every three years, and publicize the results of the assessment to the public.

The assessment, representative of representative items of intangible cultural heritage or protection unit, without a valid reason for not fulfilling their obligations, and shall order rectification; overdue correction, the city or district, county cultural administrative departments can cancel its representative heritage qualification or protection unit qualification, and shall be re-identified.

Legal responsibility

Article 45

Violation of the provisions of these Regulations, the "Intangible Cultural Heritage Law" and other relevant laws and administrative regulations have been punished, from its provisions.

Article 46

Cultural administration and other departments and their staff in violation of the provisions of these Regulations, one of the following acts, by the unit or supervisory organs in accordance with the law to bear direct responsibility for the supervisor and other personnel directly responsible for the warnings or demerits; the circumstances of the more serious, to be given a demerit or demotion; the circumstances of the seriousness of the situation, to be given the dismissal or expulsion punishment If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Failure to take timely rescue and protection measures for intangible cultural heritage on the verge of disappearing, resulting in adverse consequences;

(2) violation of the statutory conditions or procedures for identifying the representative items of intangible cultural heritage and their representative bearers;

(3) misappropriation or crowding out of the funds for the protection of intangible cultural heritage

By-laws

Article 47

These Regulations shall come into force on May 1st.

Article 47

This Regulation shall come into force on May 1.