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Regulations of Wuhan Municipality on Protection of Intangible Cultural Heritage

Release time:2017-08-10 16:55

  Chapter 1 General

  Article 1 The Regulations are established in accordance with applicable laws and rules including Intangible Cultural Heritage Law of the People’s Republic of China and Regulations of Hubei Province on Protection of Intangible Cultural Heritage and in view of actual situation of Wuhan Municipality in order to inherit and promote excellent traditional culture of Chinese nation, and strengthen protection, inheritance, utilization and development of intangible cultural heritage.

  Article 2 The Regulations are applicable to protection, inheritance, utilization and development of intangible cultural heritage as well as related administrations in the administrative region of Wuhan Municipality.

  The term "intangible cultural heritage" mentioned herein means expressions of diversified traditional cultures passed on from generation to generation among Chinese people of all ethnic groups who regard the same as symbolic component of their cultural heritage, as well as entities and sites related to such expressions of traditional cultures, including:

  (I) Traditional oral literature and the language as cultural carrier;

  (II) Traditional fine arts, calligraphy, music, dance, drama, folk arts and acrobatics;

  (III) Traditional craftsmanship, medicines and lunar calendar;

  (IV) Folk customs such as traditional rites, festivals etc;

  (V) Traditional sports and entertainment;

  (VI) Other intangible cultural heritages.

  Article 3 Protection of intangible cultural heritage should be carried out by adhering to "government-leading and social participation" principles, and implementing the guidelines on "protection in priority, salvage first, rational utilization, inheritance and development".

  Article 4 Municipal and district governments (Inc. management committees of development zone, scenic area, chemical industry park, the same below) should strengthen the leadership in protection, inheritance, utilization and development of intangible cultural heritage in respective jurisdictions, develop general protection plan on intangible cultural heritage, include these works in national economic and social development planning and urban and rural construction planning, establish joint session system of related departments involving in protection of intangible cultural heritage, coordinate to settle major problems arising from protection of intangible cultural heritage, put into practice performance management responsibility system, and strengthen performance assessment, supervision and inspection.

  Article 5 Cultural authorities of municipal and district levels are responsible for management of protection, inheritance, utilization and development of intangible cultural heritage in respective jurisdictions.

  Municipal and district governments should, according to actual need for protection of intangible cultural heritage in respective jurisdictions, establish and improve protection organization, strengthen training of special talents and construction of professional team.

  Related departments of municipal and district governments should protect intangible cultural heritage according to respective responsibility.

  Article 6 Municipal and district governments should ensure allocating special funds necessary for protection of intangible cultural heritage, increase the amount of funds with growing need for protection of intangible cultural heritage; establish special fund for protection of intangible cultural heritage, which should mainly be used for protection planning, investigation, talents development, acquisition of works, publicity and exhibition, financial aid or subsidy for representative projects, representative inheritors, inheritance & protection base (Park) and ecological protection villages (Streets) of intangible cultural heritage, and more.

  Municipal and district governments should encourage and guide social funds in participating in protection of intangible cultural heritage.

  Article 7 Municipal and district governments should strengthen publicity for protection of intangible cultural heritage, to increase the awareness of protection of intangible cultural heritage in the whole society.

  News media should advertise intangible cultural heritage, to popularize social awareness of protection of intangible cultural heritage.

  Article 8 Educational administrative department should include intangible cultural heritage of local features in the content of quality-oriented education in primary and middle schools, and organize related educational activities.

  Article 9 Any unit and individual with outstanding performance in protection of intangible cultural heritage should be commended and awarded according to applicable national, provincial and municipal regulations.

  Chapter 2 Protection & Inheritance

  Article 10 Educational administrative department should regularly investigate local intangible cultural heritage, set up archives, database and information sharing mechanism collectively with related departments.

  Educational administrative department should protect intangible cultural heritage with modern information technology, record related data by digital storage means, to properly conduct technical study and achievement transformation on protection of intangible cultural heritage.

  Article 11 Municipal and district governments should establish respective level of list of representative projects of intangible cultural heritage based on investigation of educational administrative department; for intangible cultural heritage included in the list of representative projects, educational administrative department should organize implementation of protection planning of such projects.

  Article 12 Municipal and district levels of representative projects of intangible cultural heritage as well as representative inheritors and protection units should be identified according to the provisions of Intangible Cultural Heritage Law of the People’s Republic of China and Regulations of Hubei Province on Protection of Intangible Cultural Heritage.

  No unit or individual is allowed to illegally involve in inheritance and propagation of intangible cultural heritage in the name of representative inheritor and protection unit of representative project of intangible cultural heritage.

  Article 13 Representative projects of intangible cultural heritage of Wuhan Municipality should be protected at national, provincial, municipal and district levels and by the classes of intangible cultural heritage.

  Article 14 Cultural administrative department should protect representative projects of intangible cultural heritage and representative inheritors by levels according to following regulations:

  (I) Give priority to protect representative projects of national-level intangible cultural heritage, develop special protection plan, allocate single supporting fund, set up themed exhibition hall or museum, establish studios for national-level representative inheritors, and subsidize them for teaching and imparting craftsmanship to the trainees.

  (II) Set up themed exhibition hall or museum for representative projects of provincial-level intangible cultural heritage, and establish studios for provincial-level representative inheritors.

  (III) Protect municipal and district levels of representative projects of intangible cultural heritage and representative inheritors according to protection planning.

  Article 15 Take action for salvaging protection of endangered representative projects of intangible cultural heritage on the brink of extinction in existence state.

  Cultural administrative department should establish list of endangered projects, develop salvaging protection plan together with related department, record and archive, save entities of protected projects, preserve and renovate related buildings and sites, and recommend potential candidates of trainees.

  Article 16 Take action to protect the memory of representative projects of intangible cultural heritage under disappeared or basically disappeared objective existence condition.

  Cultural administrative department should establish list of memory projects, organize investigation, collect related data and entities, and establish repository of documents in the forms of text, pictures, audio and video information etc.

  Article 17 Take action to protect the inheritance of representative projects of intangible cultural heritage of wide audiences and good active foundation of inheritance.

  Cultural administrative department should, as required, provide representative inheritors of representative projects of intangible cultural heritage with necessary exhibition site, and financially aid them for activities such as teaching and imparting craftsmanship to trainees, performance at traditional festivals etc, and support them to participate in social welfare activities.

  Article 18 Take action to protect the production of representative projects of intangible cultural heritage such as traditional skills, traditional fine arts and processing of traditional medicines and drugs.

  Any unit and individual conducting protection of production should maintain the integrity of traditional process flow and authenticity of core technique, and may convert intangible cultural heritage and resources into cultural products and cultural services by means of production, circulation, sales etc.

  Article 19 Municipal and district cultural administrative department should work with business management department to investigate existence state of local time-honored enterprises, and given priority to recommend qualified enterprises to be included in the list of respective levels of representative projects of intangible cultural heritage.

  Article 20 For villages, towns, street or special street with representative projects of intangible cultural heritage with concentrated number, distinct features, forms and connotations, Wuhan Municipal Government may, as allowed by the law, establish cultural ecological protection villages (Streets), to implement regional protection as an integrated whole.

  Article 21 Local representative inheritors and protected units of representative projects of intangible cultural heritage should be encouraged to build the venue for cultural inheritance.

  Representative inheritors and protected units of representative projects of intangible cultural heritage other than administrative region of Wuhan Municipality should be encouraged to build the venue in the city for cultural inheritance, and promote inheritance of intangible cultural heritage by law.

  Article 22 Municipal cultural administrative department should develop talents training plan of intangible cultural heritage, and include it in talents training program of local administration in charge of human resources & social security; guide and help representative inheritors of representative projects of intangible cultural heritage having professional technical level to apply for corresponding professional titles.

  Municipal and district cultural and educational administrative departments should support higher education institutions and secondary vocational schools to train special talents by establishing major or opening inheritance class related to intangible cultural heritage.

  Article 23 Representative inheritors and protected units of representative projects of intangible cultural heritage should collectively select trainees of the projects, develop training plans, and teach and impart skills.

  Article 24 Any representative inheritor of representative project of intangible cultural heritage meeting either of the following conditions but is not registered permanent residence of Wuhan Municipality may be prioritized to register as registered permanent residence of the city:

  (I) Representative inheritor of representative project of intangible cultural heritage higher than provincial level introduced from other province;

  (II) Representative inheritor of protection protected enterprise registered in Wuhan Municipality having certain industry scale and influence.

  Chapter 3 Utilization & Development

  Article 25 Base on respective level of cultural development planning, municipal and district governments should construct united public cultural facilities for collection, exhibition, study and inheritance of intangible cultural heritage.

  All places for public cultural services should lawfully organize exhibition and communication of intangible cultural heritage.

  Citizens, corporations and other organizations should be encouraged and supported to lawfully set up exhibition or inheritance venue of intangible cultural heritage.

  Article 26 Government should encourage and support construction of inheritance base (Park) of intangible cultural heritage, set up studios for representative inheritors of representative projects of intangible cultural heritage, to allow them carry out inheritance and transmission of intangible cultural heritage.

  Article 27 Government should encourage and support citizens, corporations and other organizations to exhibit, perform and experience representative projects of intangible cultural heritage in light of local national festivals and local folk customs, and so on.

  Government should encourage and support citizens, corporations and other organizations to donate or entrust public cultural organization for collection, custody and exhibition of owned data and entities of intangible cultural heritage.

  Article 28 Government should encourage and support scientific research for protection of intangible cultural heritage, and improve the level of protection and utilization of intangible cultural heritage.

  Government should encourage and support citizens, corporations and other organizations to compile, translate and publish literatures, classics and data of intangible cultural heritage, and carry out cultural and artistic creations for the purpose of promotion of excellent intangible cultural heritage.

  Article 29 Government should encourage and support domestic and international cooperation and communication of representative projects of intangible cultural heritage, to increase the influence of intangible cultural heritage, and promote excellent traditional culture of Chinese nation.

  Article 30 Government should encourage and support citizens, corporations and other organizations to rationally utilize the resources of intangible cultural heritage, and develop traditional cultural products and services of local features on the basis of effective protection of intangible cultural heritage.

  Article 31 Municipality cultural administrative department should work with urban tourism authority to include intangible cultural heritage in the content for publicity of local tourism image, support and guide inheritance and protection base (Park) of intangible cultural heritage, cultural ecological protection village (street) and conditioned representative inheritor and protected unit to develop tourism project, and guide tourism operator to develop featured tourism products of intangible cultural heritage.

  Article 32 Municipal and district governments should strengthen protection of animals, vegetations and natural materials like minerals closely related to representative projects of intangible cultural heritage.

  Representative inheritor and protected unit of intangible cultural heritage have priority for using natural materials closely related to representative projects of intangible cultural heritage.

  Article 33 Municipal and district governments should support and aid units and individuals rationally utilizing of representative projects of intangible cultural heritage in the aspects of funds, place, publicity and introduction, products marketing etc.

  Units and individuals rationally utilizing of representative projects of intangible cultural heritage are entitled to enjoy tax preference under national policy; for those eligible according to preferential policy on the development of cultural industry, they're entitled to supportive special fund for development of cultural industry.

  Article 34 Municipal and district cultural administrative departments should guide and support industry association of intangible cultural heritage and related professional association to launch protection of intangible cultural heritage and related academic exchange, consulting service, preservation of rights and interest and like activities according to respective articles of association.

  Municipal and district cultural administrative departments should support voluntary service organizations and volunteers to launch protection of intangible cultural heritage.

  Article 35 Activities such as creation, adaptation, performance, exhibition, products development, tour etc should be carried out by utilization of intangible cultural heritage, the relation of protection and inheritance versus development and utilization should be treated properly, original forms and cultural connotation of intangible cultural heritage should be fully respected, without distortion, derogation, misuse and overexploitation.

  Article 36 Municipal and district cultural administrative departments should supervise, inspect and regularly assess representative inheritor and protected unit of representative project of intangible cultural heritage and cultural ecological protection village (Street) for performance of their protection responsibility; for any problem discovered during supervision and inspection or failure of assessment, it should be rectified and treated in a timely manner.

  Chapter 4 Legal Liability

  Article 37 In case of any act in violation of the Regulations, the provision on accountability under laws and rules then in force should apply.

  Article 38 In case of any act of disguised inheritance and promotion in the name of representative inheritor or protected unit of representative project of intangible cultural heritage, cultural administrative department should order rectification within time limit, or else the violator will be warned; in case of such act for profit purpose, the violator will be fined an amount more than 20,000 yuan and less than 50,000 yuan (Unit) or more than 2,000 yuan and less than 10,000 yuan (Individual).

  Article 39 For administrative penalty to be enforced legally by cultural administrative department according to applicable laws and rules, cultural administrative department should enforce such administrative penalty, or cultural administrative department may, as allowed by the law, entrust the same level of comprehensive administrative and law enforcement agency of cultural market for enforcement.

  Article 40 In case of staffs of cultural administrative department and other related department involving in misconduct, misfeasance and/or favoritism during management of protection of intangible cultural heritage, the violators will be subjected to administrative sanction by the employer or administrative supervision department; those who are engaged in criminal act will be transferred to judiciary authority for treatment by law.

  Chapter 5 Supplementary Provisions

  Article 41 The term "development zone" mentioned herein means Wuhan East Lake Hi-tech Development Zone and Wuhan Economic & Technological Development Zone; the term "scenic area" mentioned herein means Wuhan East Lake Ecotourism Scenic Area; the term "chemical industry park " mentioned herein means Wuhan Chemical Industry Park.

  Article 42 The Regulations are executed as of the 1st date of November, 2016.