People's Republic Of China Law On Intangible Cultural Heritage

Original Language Title: 中华人民共和国非物质文化遗产法

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People's Republic of China presidential order (42nd)

People's Republic of China Law on intangible cultural heritage by the People's Republic of China Standing Committee of the 11th National People's Congress adopted at the 19th meeting, on February 25, 2011, are hereby promulgated and, as of June 1, 2011.

People's Republic of China President Hu Jintao
  
The February 25, 2011
  
People's Republic of China Law on intangible cultural heritage
  February 25, 2011 adopted by the Standing Committee of the 11th National People's Congress 19th session

Chapter I General provisions

First in order to inherit and carry forward the fine traditional Chinese culture, promoting the construction of socialist spiritual civilization, strengthen the protection of intangible cultural heritage and preservation, this law is enacted. Referred to in article II of this law of the intangible cultural heritage refers to peoples from generation to generation as part of their cultural heritage and traditional cultural expressions, as well as physical and venue associated with traditional cultural expressions.

Included:

(A) traditional oral literature as well as the carrier language;

(B) traditional fine arts, calligraphy, music, dance, drama, art and acrobatics;

(C) traditional arts, medicine and calendar;

(D) traditional etiquette, festivals, folklore;

(E) traditional sport and recreation;

(Vi) other intangible cultural heritage.

Belonging to the physical elements of intangible cultural heritage and the place, where cultural relics, and application of the People's Republic of China relevant provisions of the law on cultural relics protection.

Third State of the intangible cultural heritage identification, record, file, such as measures to save, to reflect the fine traditional culture of the Chinese nation, has historical, literary, artistic or scientific value of intangible cultural heritage transmission, dissemination and other measures to protect.

Fourth to protect intangible cultural heritage, should focus on its authenticity, integrity and continuity, to enhance the Chinese nation's cultural identity, to safeguard national unity and ethnic solidarity, help to promote social harmony and sustainable development.

Article fifth use of non-material cultural heritage, should be respected in its form and content.

Prohibits the use of distorted and derogatory use of the intangible cultural heritage.

Sixth people's Governments above the county level shall be non-material cultural heritage protection and preservation into the national economic and social development planning, protection, conservation requirements and be included in the financial budgets.

State supports ethnic regions, remote areas and poor areas of non-material cultural heritage protection and preservation.

Article seventh cultural departments of the State Council in charge of the national intangible cultural heritage protection and preservation; local people's Governments at or above the county level within a culturally competent authorities responsible for the administration of non-material cultural heritage protection and preservation.

Relevant departments under the people's Governments above the county level within their respective areas of responsibility, responsible for the protection and preservation of the intangible cultural heritage.

Eighth people's Governments above the county level shall strengthen the advocacy of non-material cultural heritage protection work, to improve people's awareness of the protection of the intangible cultural heritage.

Nineth State shall encourage and support citizens, legal persons and other organizations involved in the protection of intangible cultural heritage.

Article tenth of non-material cultural heritage protection made a significant contribution to the work of organizations and individuals, in accordance with the relevant provisions of the State be commended and rewarded.

Chapter II investigation of non-material cultural heritage 11th people's Governments above the county level based on intangible cultural heritage protection and preservation needs, organizing surveys of intangible cultural heritage.

Investigations by the Department of culture is responsible for the intangible cultural heritage.

Relevant departments of the people's Governments above the county level can survey their work in the field of intangible cultural heritage.

12th cultural authority surveys of intangible cultural heritage and other related sectors, should be found on intangible cultural heritage, record, file, investigation and information sharing mechanism established and perfected. Culturally competent departments and other departments concerned carry out intangible cultural heritage survey should be collected belongs to the representation of the physical elements of intangible cultural heritage, sorting information obtained in investigations, and keep it, preventing damage and loss.

Other copies of the pictures and information about the sector, should sink to the culture Department at the same level. 13th cultural departments should fully understand the intangible cultural heritage, build files and related database on intangible cultural heritage.

Apart from the outside should be kept confidential, non-material cultural heritage files and related data and information should be open to facilitate public access.

14th of citizens, legal persons and other organizations can be legally conducted surveys of intangible cultural heritage.

15th article outside organization or personal in People's Republic of China territory for non-material culture heritage survey, should reported by province, and autonomous regions, and municipalities Government culture competent sector approved; survey in two a above province, and autonomous regions, and municipalities administrative for of, should reported by State culture competent sector approved; survey end Hou, should to approved survey of culture competent sector submitted survey report and survey in the made of real pictures, and information copy pieces.

Outside the Organization in the People's Republic of China territory survey of intangible cultural heritage, should cooperate with non-material cultural heritage in academic and research institutions.

16th section of intangible cultural heritage investigations, shall obtain the consent of the respondents agreed that respect for their customs, shall be without prejudice to their legitimate rights and interests.

Article 17th through investigation or otherwise find endangered intangible cultural heritage items, the County Cultural Department shall immediately be recorded and collected relating to the physical, or other emergency conservation measures; the need to pass, should take effective measures to support inheritance.

Chapter list of representative projects of intangible cultural heritage

18th State Council representative establishment of State-level intangible cultural heritage items list will reflect the fine traditional culture of the Chinese nation, and has a significant historical, literary, artistic or scientific value of the item on the list of intangible cultural heritage to be protected.

The provinces, autonomous regions and municipalities to establish a local representative projects list of intangible cultural heritage, will embody excellent Chinese traditional culture within their respective administrative areas, historical, literary, artistic or scientific value of the item on the list of intangible cultural heritage to be protected. 19th of provinces, autonomous regions and municipalities from the province, autonomous regions and municipalities directly under the list of representative projects of intangible cultural heritage to the culture Department recommended items for inclusion in list of representative of State-level intangible cultural heritage items.

Recommendations shall submit the following materials:

(A) projects, including project name, history, current situation and value;

(B) introduction to the heritage, including the heritage range, passing pedigree, people's skill level, passing on the social impact of the activities;

(C) protection, including protection of objectives and measures, steps should be taken, management systems;

(D) helps to explain the project's audio-visual materials and other materials.

Article 20th citizens, legal persons and other organizations considered an intangible cultural heritage embodies the fine traditional culture of the Chinese nation, has a significant historical, literary, artistic or scientific value, to the provinces, autonomous regions and municipalities directly under the people's Government or the competent cultural departments included in the recommendations of the representative of State-level intangible cultural heritage items list.

Article 21st of the same item of intangible cultural heritage, its form and content in two or more areas are intact, can be included in the list of representative of State-level intangible cultural heritage items.

22nd cultural authorities under the State Council shall organize an expert review panel and expert review Committee, recommended or proposed for inclusion in the list of representative of State-level intangible cultural heritage items of intangible cultural heritage items for evaluation and consideration. Initial evaluation opinions shall be adopted by a majority vote of the members of the expert review group.

Consideration of the evaluation of the expert review committee proposed consideration of views.

Assessment shall follow the principle of openness, fairness and impartiality. 23rd the culture Department shall be included in the list of representative of State-level intangible cultural heritage items project be publicized, for public comment.

Public notice not less than 20th.

24th culture departments under the State Council expert review Committee deliberations and public results, formulation of national intangible cultural heritage list of representative projects, approved by the State Council and promulgated.

25th cultural authorities under the State Council shall organize the development of conservation planning, representative of State-level intangible cultural heritage items to be protected.

Cultural authorities of provinces, autonomous regions and municipalities should organize to protect plans, this level people's Government announced the local representative projects of intangible cultural heritage to be protected.

Development of representative projects of intangible cultural heritage protection plan should be on the verge of disappearing representative projects focused on the protection of intangible cultural heritage. 26th representative section of intangible cultural heritage items focus, characteristics, forms and contents keep integrity of specific regions, local cultural departments may develop special protection plans, after approval by the people's Governments at the corresponding level, the implementation of regional overall protection.

Determining of non-material cultural heritage regional overall protection should respect the wishes of local residents, and protection of persons belonging to the physical elements of intangible cultural heritage and the place to avoid damage.

Introduction of regional overall protection of non material cultural heritage concentration villages or neighborhoods of spatial planning, urban and rural planning should be determined by local authorities according to the protection plan for regulation.

27th the competent cultural departments and provinces, autonomous regions, municipalities and cultural departments should be representative of the non-material cultural heritage protection planning, supervise and inspect the implementation of the project and found protection plan has failed to effectively implement should be corrected, processed in a timely manner.

The fourth chapter the transmission and dissemination of intangible cultural heritage

28th the State encourages and supports inheritance of representative projects, dissemination of intangible cultural heritage.

29th the competent cultural departments and provinces, autonomous regions and municipalities announced approval of the competent departments of the people's Governments at the corresponding level of culture representative of intangible cultural heritage items can be identified representative successors.

Representative projects representative successors of intangible cultural heritage shall comply with the following conditions:

(A) master its heritage intangible cultural heritage;

(B) representative in a given area, and has a great influence in the region;

(C) active in heritage activities.
Recognized representative projects representative successors of intangible cultural heritage, should be based on the implementation of the present law provisions relating to representation of intangible cultural heritage projects, list of representative successors identified and be made public.

30th cultural authorities above the county level people's Government needed to take the following measures in support of representative projects representative successors of intangible cultural heritage transmission, dissemination activities:

(A) provide the necessary heritage sites;

(B) providing the necessary funds to finance its new wedding service, passes, exchanges and other activities;

(Iii) to support their participation in the social public welfare activities;

(D) other measures that support its transmission, dissemination activities.

31st representative section of intangible cultural heritage items of representative heritage shall perform the following obligations:

(A) carry out heritage activities, develop subsequent talent;

(B) the proper keeping of relevant physical and materials;

(C) collaboration with cultural administration departments and other departments concerned carry out intangible cultural heritage survey;

(D) participation in public awareness on intangible cultural heritage.

Representative projects representative successors of intangible cultural heritage of unjustified failure to comply with obligations under the preceding paragraph, responsible for culture may cancel its representative successors qualification, reconsider the project's representative successors; loss of transmission capacity, cultural authorities reconsider the project's representative successors.

32nd people's Governments above the county level should be combined with the actual situation and take effective measures, organizational culture and other related sector representative, showing the non-material cultural heritage items.

33rd State encourages non-material cultural heritage-related scientific and technological research and non-material cultural heritage protection and preservation methods, encourage non-material cultural heritage recording and collation of representative projects of intangible cultural heritage, publishing and other activities.

34th schools shall, according to the Education Department under the State Council, relevant non-material cultural heritage education.

News media representative shall carry out intangible cultural heritage items of publicity, popularize the knowledge of intangible cultural heritage.

35th libraries, cultural centers, museums, science museums and other institutions of public culture and the non-material cultural heritage of academic and research institutions, protection agencies and the use of Government funds to organize art performing troupes, performing the operating entities, shall, according to their respective areas of business, non-material cultural heritage, research, academic exchange and representative projects promotion, exhibition of intangible cultural heritage.

36th State to encourage and support citizens, legal persons and other organizations established according to law of the intangible cultural heritage exhibition place and heritage sites, showing representative and inheriting intangible cultural heritage items.

37th state encourages and support play a special advantage for non-material cultural heritage resources, based on the effective protection, representation of rational use of non-material cultural heritage project development with local, national and market potential of cultural products and services.

Representative projects of development and utilization of intangible cultural heritage, should support representative successors to carry out heritage activities, protection of objects and places that are part of the project. Local people's Governments at or above the county level shall representative projects on rational use of non-material cultural heritage units support.

Rational use of non-material cultural heritage of representative projects, to enjoy the State provided tax incentives.

The fifth chapter legal liability

Article 38th cultural departments and other departments concerned in non-material cultural heritage protection and preservation of dereliction of duty, abuse of authority or engages in, and shall be subject to punishment.

39th cultural Department and other staff of the relevant departments when conducting surveys of intangible cultural heritage customs assault investigation objects, causing serious consequences, shall be subject to punishment.

40th in violation of the provisions of this law, damage belongs to the objects and places that are part of the intangible cultural heritage, shall bear civil liability activities contravening public security management, shall be subject to administrative penalties for public security.

41st article 15th overseas organizations in violation of the law, by the cultural Department ordered corrective action and give a warning, confiscate the illegal income and material objects, information obtained in the survey are serious, and to a fine of up to 100,000 yuan and 500,000 yuan.

Individuals outside the 15th article in violation of this law, by the cultural Department ordered corrective action and give a warning, confiscate the illegal income and material objects, information obtained in the survey are serious, and the fines of between 50,000 yuan and 10,000 yuan.

42nd in violation of the provisions of this law, to constitute a crime, criminal responsibility shall be investigated according to law.

The sixth chapter supplementary articles

Article 43rd establish representative local intangible cultural heritage items list approach, by provinces, autonomous regions and municipalities directly under the light of the relevant provisions of this law.

Article 44th of intangible cultural heritage related to intellectual property rights, governed by the relevant provisions of laws and administrative regulations.

The protection of traditional medicine, traditional arts and crafts and other, provisions of other laws and administrative regulations, in accordance with its provisions. 45th article this law shall enter into force on June 1, 2011.