20 18 Regulations of Shanghai Municipality on the Protection of Intangible Cultural Heritage

20 18 Regulations of Shanghai Municipality on the Protection of Intangible Cultural Heritage

Regulations of Shanghai Municipality on the Protection of Intangible Cultural Heritage

general rule

first

In order to strengthen the protection of intangible cultural heritage, inherit and develop the historical context of Shanghai, and inherit and carry forward the excellent traditional culture of the Chinese nation, these Regulations are formulated in accordance with the People's Republic of China (PRC) Intangible Cultural Heritage Law (hereinafter referred to as the Intangible Cultural Heritage Law) and other laws and administrative regulations, combined with the actual situation of this Municipality.

second

These Regulations shall apply to the protection activities such as investigation, preservation, identification, utilization, inheritance and dissemination of intangible cultural heritage within the administrative area of this Municipality and related management.

essay

The municipal, district and county people's governments shall incorporate the protection of intangible cultural heritage into the national economic and social development plan at the corresponding level, include the funds required for the protection of intangible cultural heritage in the fiscal budget at the corresponding level, and establish a funding guarantee mechanism that is compatible with economic and social development.

The people's governments of townships and towns and sub-district offices shall cooperate with the work related to the protection of intangible cultural heritage.

Article 4

The cultural administrative department of the municipal, district and county people's governments shall be responsible for the protection of intangible cultural heritage within their respective administrative areas.

Development and reform, finance, education, human resources and social security, press and publication, land and resources planning, economic informationization, commerce, industry and commerce, agriculture, health and family planning, ethnic and religious, intellectual property and other departments. Responsible for the protection of intangible cultural heritage within their respective responsibilities.

The administrative department of culture shall, jointly with relevant departments, establish a system of joint departmental meetings to coordinate and solve major problems in the protection of intangible cultural heritage.

Article 5

The intangible cultural heritage protection institution affiliated to the municipal cultural administrative department undertakes the specific work related to the protection of intangible cultural heritage.

District and county people's governments shall, according to the actual needs of the protection of intangible cultural heritage within their respective administrative areas, establish and improve protection institutions, and strengthen the training of specialized personnel and the construction of professional teams.

Article 6

The city has set up an expert committee for the protection of intangible cultural heritage. The expert committee is composed of people from history, culture, art and science, and provides decision-making consultation for the protection of intangible cultural heritage in this city.

Article 7

City intangible cultural heritage protection association and other relevant social organizations shall, in accordance with their respective articles of association, carry out intangible cultural heritage protection and related academic exchanges, consulting services, rights protection and other work.

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 and voluntary service.

Article 9

The municipal, district and county people's governments shall strengthen the publicity on the protection of intangible cultural heritage and raise the awareness of the whole society on the protection of intangible cultural heritage.

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

Investigation and preservation

Article 10

The municipal, district and county people's governments shall, according to the needs of the protection of intangible cultural heritage, organize the investigation of intangible cultural heritage.

The district and county cultural administrative departments shall be specifically responsible for the investigation of intangible cultural heritage within their respective administrative areas. The municipal cultural administrative department shall strengthen guidance and coordination, and investigate the intangible cultural heritage that is difficult to be covered by the district and county cultural administrative departments.

Other relevant departments of the municipal, district and county people's governments may investigate the intangible cultural heritage within their scope of work according to law.

Citizens, legal persons and other organizations may investigate intangible cultural heritage according to law.

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

Article 11

The administrative department of culture and other relevant departments shall identify, record and file the intangible cultural heritage when conducting the investigation of the intangible cultural heritage, and establish and improve the information sharing mechanism of the investigation.

The administrative department of culture and other relevant departments shall collect representative objects that are part of the intangible cultural heritage, sort out the information obtained in the investigation, and keep them properly to prevent damage and loss. Copies of physical pictures and materials obtained by other relevant departments shall be submitted to the administrative department for culture at the same level.

Article 12

The administrative department of culture shall 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.

Representative project list

Article 13

The municipal, district and county people's governments shall establish a list of representative items of intangible cultural heritage at the corresponding level, and include intangible cultural heritage items with historical, literary, artistic and scientific values in the list for protection.

The municipal administrative department of culture shall formulate unified standards and procedures for the identification of representative projects of intangible cultural heritage.

Article 14

The municipal, district and county cultural administrative departments shall select the items listed in the list of representative items of intangible cultural heritage at the corresponding level from the intangible cultural heritage items discovered through investigation or other means.

The district and county people's governments may, from the list of representative projects of intangible cultural heritage at the corresponding level, recommend to the municipal cultural administrative department the projects listed in the list of representative projects of municipal intangible cultural heritage.

Citizens, legal persons and other organizations believe that an intangible cultural heritage embodies the excellent traditional culture of the Chinese nation and has historical, literary, artistic and scientific value, and can put forward suggestions to the municipal or district/county cultural administrative department for inclusion in the list of representative items of intangible cultural heritage at the corresponding level.

Article 15

The municipal, district and county departments for cultural administration shall select five or more experts in related fields from the Committee of Experts for the Protection of Intangible Cultural Heritage in this Municipality, and review the projects to be included or recommended or suggested to be included in the list of representative projects of intangible cultural heritage at the corresponding level according to the standards and procedures for the identification of representative projects of intangible cultural heritage.

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

Article 16

The municipal, district and county administrative departments of culture shall publicize the projects listed in the list of representative projects of intangible cultural heritage at the corresponding level after expert review, and solicit public opinions. The publicity time shall not be less than twenty days.

During the publicity period, if citizens, legal persons and other organizations have objections, they may submit them in writing to the administrative department for culture. The administrative department of culture shall organize experts to check the objection. If the objection is not established, it shall inform the objector in writing within 20 days from the date of receiving the objection and explain the reasons; If the objection is established, it will be reviewed again.

Article 17

The municipal, district and county cultural administrative departments shall, according to the expert evaluation opinions and publicity results, 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 districts and counties shall be submitted to the municipal cultural administrative department for the record.

Classified protection and rational utilization

Article 18

The municipal, district and county people's governments and their relevant departments shall, according to the different situations and characteristics of intangible cultural heritage, implement classified protection, and give priority to the protection of representative projects of intangible cultural heritage that are endangered or unique to this city and have high historical and cultural value.

Article 19

For the representative projects of intangible cultural heritage that are on the verge of disappearing and are difficult to inherit on site, the municipal, district and county cultural administrative departments shall implement rescue protection by recording, sorting out, compiling books, making audio-visual materials and establishing archives.

Article 20

For the representative projects of intangible cultural heritage with a wide audience and a good foundation for live broadcast inheritance, the municipal, district and county cultural administrative departments can carry out inheritance protection by identifying representative inheritors, cultivating inheritors and supporting inheritance bases.

Article 21

The municipal, district and county people's governments and their relevant departments shall support, guide and standardize the rational development and utilization of representative intangible cultural heritage projects that can be transformed into cultural products through production, circulation and sales, so that the core skills of the projects can be passed down in production practice.

The implementation of productive protection for representative projects of intangible cultural heritage shall maintain the authenticity, integrity and inheritance of intangible cultural heritage, and shall not arbitrarily change its traditional production methods, traditional technological processes and core skills.

Article 22

The municipal, district and county people's governments and their relevant departments shall take measures to protect the endangered raw materials needed for the representative projects of intangible cultural heritage; Encourage the planting and breeding of natural raw materials required for representative projects of intangible cultural heritage according to law, or develop, popularize and apply substitutes for related natural raw materials.

Article 23

The municipal, district and county people's governments shall give priority to the traditional skills of qualified Chinese time-honored brands and Shanghai time-honored enterprises in the list of representative projects of intangible cultural heritage at the corresponding level, increase protection and support, and promote the inheritance and development of the city's industrial and commercial culture.

Article 24

For specific areas where the representative items of intangible cultural heritage are concentrated, distinctive and complete in form and connotation, the municipal, district and county departments for cultural administration may formulate special protection plans, and after the approval of the people's government at the corresponding level, the representative items of intangible cultural heritage and related places and articles shall be protected regionally as a whole.

Where the implementation of regional overall protection involves the regional spatial planning of representative projects of intangible cultural heritage, the planning, land and resources departments shall, jointly with relevant professional management departments, formulate special protection plans.

Article 25

The utilization of intangible cultural heritage should be based on the principle of respecting its authenticity, cultural connotation and natural evolution process, maintaining its original cultural ecology and cultural features, and should not be distorted, derogated or abused.

Article 26

Encourage and support the rational use of representative projects of intangible cultural heritage, and develop cultural products and services with local and ethnic characteristics and market potential on the basis of effective protection and by combining with the development of cultural industries.

Article 27

Intellectual property rights such as copyright and trademark rights generated by intangible cultural heritage are protected according to law.

Inheritance and communication

Article 28

The municipal, district and county cultural administrative departments may identify the representative inheritors of the representative projects of intangible cultural heritage approved and announced by the people's government at the corresponding level. Representative inheritors include individuals and groups.

A representative inheritor of a representative project of intangible cultural heritage shall meet the following conditions:

(1) Mastering intangible cultural heritage;

(2) It is representative in a specific field and has great influence in a certain area;

(3) Actively carry out inheritance activities.

The identification of representative inheritors of representative projects of intangible cultural heritage shall be carried out with reference to the provisions of this Ordinance on the evaluation of representative projects of intangible cultural heritage.

The municipal, district and county cultural administrative departments shall announce to the public the list of representative inheritors of the representative projects of intangible cultural heritage, and establish the archives of representative inheritors.

Article 29

Representative inheritors of representative projects of intangible cultural heritage enjoy the following rights:

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

(two) the rational use of intangible cultural heritage representative projects, to provide related products and services;

(3) Obtaining corresponding remuneration through inheritance, dissemination or other activities;

(four) other rights related to the protection of intangible cultural heritage.

Representative inheritors of representative projects of intangible cultural heritage shall perform the following obligations:

(a) to carry out inheritance activities and train successors;

(2) Properly keep relevant physical objects and materials;

(three) to cooperate with the departments for cultural administration and other relevant departments in the investigation of intangible cultural heritage;

(four) to participate in the publicity of intangible cultural heritage.

Article 30

If the representative inheritor of a representative project of intangible cultural heritage loses the ability to inherit, the cultural administrative department may re-identify or supplement the representative inheritor of the project in accordance with the conditions and procedures stipulated in these Regulations.

Article 31

The municipal, district and county cultural administrative departments may, in accordance with the relevant provisions of the state and this Municipality and in accordance with the principles and procedures of openness, fairness and justice, determine the protection units of representative intangible cultural heritage projects from enterprises, institutions and social organizations that are willing to undertake protection obligations and have the necessary personnel, facilities and venues to carry out protection work.

Encourage qualified enterprises, institutions and social organizations to volunteer as protection units of representative projects of intangible cultural heritage, enjoy corresponding rights and undertake corresponding protection obligations.

Article 32

The protection units of the representative projects of intangible cultural heritage shall enjoy the following rights:

(1) Study on representative projects of intangible cultural heritage;

(two) the rational use of intangible cultural heritage representative projects, to provide related products and services;

(three) to recommend the representative inheritors of the representative projects of intangible cultural heritage to the cultural administrative department;

(four) other rights related to the protection of intangible cultural heritage.

The protection unit of the representative project of intangible cultural heritage shall perform the following obligations:

(a) to formulate and implement the protection and inheritance plan for the representative projects of intangible cultural heritage, and provide the necessary conditions for the representative inheritors to carry out inheritance activities;

(two) collecting and sorting out the materials and objects of the representative projects of intangible cultural heritage, and protecting the relevant materials, objects, buildings (structures) and places;

(three) to carry out publicity and exhibition activities of representative projects of intangible cultural heritage;

(4) Other obligations related to the protection of intangible cultural heritage.

Article 33

The municipal, district and county people's governments shall organize cultural administrative departments and other relevant departments to publicize and display the representative projects of intangible cultural heritage, and display the protection achievements of the representative projects of intangible cultural heritage in combination with civic cultural festivals, cultural heritage days, traditional festivals and folk activities, so as to create a social atmosphere for the protection of intangible cultural heritage.

Encourage public transport and its waiting areas, business premises, parks, green spaces and other public places to have display space and conditions, and provide support and convenience for the promotion and display of representative projects of intangible cultural heritage.

Article 34

Academic research institutions and protection institutions of intangible cultural heritage, public cultural institutions such as libraries, cultural centers, museums, science and technology museums, art galleries, archives, youth activity centers, workers' cultural palaces and community cultural activity centers, as well as cultural performance groups and business units of performance venues organized with financial funds shall, according to their respective business scope, carry out activities such as research, collection, display and inheritance of representative projects of intangible cultural heritage in a planned way.

Encourage and support citizens, legal persons and other organizations to set up intangible cultural heritage research institutions, set up exhibition and inheritance sites, hold public welfare intangible cultural heritage exhibition activities, and study, collect, display and inherit representative projects of intangible cultural heritage.

Encourage and support citizens, legal persons and other organizations to sort out, translate and publish the original documents, classics and materials of intangible cultural heritage.

Article 35

Schools should adopt the way of combining classroom teaching with social practice, and popularize the knowledge of intangible cultural heritage to students by integrating the content of intangible cultural heritage into related courses, or combining it with characteristic courses and setting up school-based courses.

Encourage and support representative inheritors and protection units of representative intangible cultural heritage projects to participate in intangible cultural heritage courses carried out by schools.

Special public cultural facilities or intangible cultural heritage exhibition rooms opened with financial funds shall provide services and convenience for schools to carry out educational activities.

Article 36

Encourage and support the inheritance and dissemination of representative intangible cultural heritage projects with characteristics in other regions in this city, and integrate with local culture.

safeguard measure

Article 37

The city shall set up a municipal special fund for the protection of intangible cultural heritage, which shall be used for the organization and management of the protection of intangible cultural heritage, the subsidies for representative projects of intangible cultural heritage and representative inheritors, etc.

The district and county people's governments shall refer to the relevant provisions of this Municipality's special funds for the protection of intangible cultural heritage and set up special funds for the protection of intangible cultural heritage at the corresponding level.

If a representative project protection unit of intangible cultural heritage belongs to a financial appropriation institution, it may apply to the financial department for budgetary funds in accordance with the relevant provisions of the state and this Municipality.

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

Article 38

Units and individuals that make rational use of representative projects of intangible cultural heritage to develop cultural industries and meet the support direction of national special funds for cultural industry development shall be supported when reporting special funds for cultural industry development.

Units and individuals that make rational use of the representative projects of intangible cultural heritage shall enjoy preferential tax treatment stipulated by the state according to law.

Article 39

The municipal, district and county people's governments shall, according to needs, set up public cultural facilities for intangible cultural heritage, or set up special exhibition rooms in public cultural institutions, and strengthen the construction of exhibition, inheritance, exchange places and inheritance bases for intangible cultural heritage.

Article 40

The administrative department of culture shall, jointly with relevant departments, give key support and training to the representative inheritors and inheritors of the representative projects of intangible cultural heritage that are on the verge of disappearing.

The education department should support and guide institutions of higher learning and secondary vocational schools to cultivate professional talents by offering intangible cultural heritage protection majors or courses, establishing teaching inheritance bases, promoting the integration of production and education, and school-enterprise cooperation. Majors related to the inheritance of intangible cultural heritage skills will be listed in the professional catalogue of vocational education awards, and preferential policies such as tuition fee reduction and exemption will be implemented.

A representative inheritor of a representative project of intangible cultural heritage with a certain professional and technical level may declare professional and technical titles in accordance with the relevant provisions of the state and this Municipality.

Article 41

Encourage citizens, legal persons and other organizations to support the protection of intangible cultural heritage by setting up intangible cultural heritage protection funds, donating related materials, objects and protection funds.

Units that accept relevant materials of intangible cultural heritage and donations in kind shall establish and improve the system of registration, custody, management and use, and keep them properly.

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

Article 42

Representative inheritors and protection units that have made outstanding contributions to the representative projects of intangible cultural heritage shall be commended in accordance with the relevant provisions of the state and this Municipality on appraisal and commendation.

Encourage citizens to learn and inherit the skills of representative projects of intangible cultural heritage, and give appropriate funding to outstanding inheritors.

Article 43

The municipal, district and county people's governments shall incorporate the performance of relevant departments in the protection of intangible cultural heritage into performance appraisal.

Article 44

The city has established a regular evaluation system for the protection of representative intangible cultural heritage projects. The municipal, district and county cultural administrative departments shall evaluate the protection of representative projects of intangible cultural heritage at the corresponding level every three years, and announce the evaluation results to the public.

After review, if the representative inheritor or protection unit of the representative project of intangible cultural heritage fails to perform its obligations without justifiable reasons, it shall be ordered to make corrections within a time limit; If no correction is made within the time limit, the municipal or district/county cultural administrative department may cancel its representative inheritor qualification or protection unit qualification and re-identify it.

Legal liability

Article 45

In violation of the provisions of this Ordinance, the "Intangible Cultural Heritage Law" and other relevant laws and administrative regulations have been punished, from its provisions.

Article 46

Cultural and administrative departments and their staff, in violation of the provisions of this Ordinance, have one of the following acts, by the unit or the supervisory organ in accordance with the law, the directly responsible person in charge and other directly responsible personnel shall be given a warning or demerit; If the circumstances are serious, give a demerit or demotion; If the circumstances are serious, be dismissed or expelled; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

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

(two) in violation of legal conditions or procedures to identify the representative items of intangible cultural heritage and their representative inheritors;

(3) misappropriating or occupying the funds for the protection of intangible cultural heritage.

supplementary terms

Article 47

These Regulations shall come into force on May 1 day, 2065.