Intangible Cultural Heritage Law of China

 2018-05-15  49


Intangible Cultural Heritage Law of China 


· Document Number:Order No.42 of the President of the People’s Republic of China

· Area of Law: Relics and Literary History

· Level of Authority: Laws

· Date issued:02-25-2011

· Effective Date:06-01-2011

· Status: Effective

· Issuing Authority: Standing Committee of the National People's Congress

 

Order of the President of the People's Republic of China
(No.42)
Intangible Cultural Heritage Law of the People's Republic of China , as adopted at the 19th Session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on February 25, 2011, is hereby issued, and shall come into force on June 1, 2011.
Hu Jintao, President of the People's Republic of China
February 25, 2011



Intangible Cultural Heritage Law of China
(Adopted at the 19th Session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on February 25, 2011)
Contents
Chapter I General Provisions 
Chapter II Investigation of Intangible Cultural Heritage 
Chapter III Catalogue of Representative Items of Intangible Cultural Heritage 
Chapter IV Inheritance and Spread of Intangible Cultural Heritage 
Chapter V Legal Liabilities 
Chapter VI Supplementary Provisions 
Chapter I General Provisions
Article 1 This Law is formulated to inherit and carry forward the fine traditional culture of the Chinese nation, promote the building of the socialist spiritual civilization, and strengthen the protection and preservation of intangible cultural heritage.
Article 2 The term “intangible cultural heritage” (“ICH”) as mentioned in this Law shall refer to various traditional cultural manifestations which are handed down by the people of all nationalities from generation to generation and regarded as part of their cultural heritage, and objects and spaces relevant to traditional cultural manifestations, including:
1. traditional oral literature and the language as a vehicle thereof;
2. traditional fine arts, calligraphy, music, dance, drama, quyi and acrobatics;
3. traditional techniques, medicine and calendar;
4. traditional rituals, festivals and other folk customs;
5. traditional sports and entertainment; and
6. other ICH.
For the objects and spaces forming part of the ICH and falling under the category of cultural relics, the relevant provisions of the Cultural Relics Protection Law of the People's Republic of China shall apply.
Article 3 The state shall preserve the ICH by determination, recording, filing, etc. and protect the ICH which reflects the fine traditional culture of the Chinese nation and has historical, literary, artistic or scientific value by inheritance, spread, etc.
Article 4 The authenticity, integrity and inheritance of the ICH shall be attached importance to in the protection thereof, which shall be favorable for enhancing the cultural identity of the Chinese nation, safeguarding national unity and ethnic solidarity and promoting the harmonious and sustainable development of the society.
Article 5 Both the ICH forms and connotations shall be respected in their usage.
The ICH shall not be used in the form of distortion, derogation, etc.
Article 6 The people's government at or above the county level shall include ICH protection and preservation in the national economic and social development planning at the same level and include the funds for ICH protection and preservation in the financial budget at the same level.
The state shall provide support for ICH protection and preservation in the ethnic regions, remote and border areas and poverty-stricken areas.
Article 7 The competent culture department of the State Council shall be responsible for ICH protection and preservation across the country; and the competent culture department of the local people's government at or above the county level shall be responsible for ICH protection and preservation within its administrative region.
Other relevant departments of the people's government at or above the county level shall be responsible for ICH protection and preservation within the scope of their respective functions.
Article 8 The people's government at or above the county level shall strengthen the publicity of ICH protection, and enhance the awareness of the whole society on ICH protection.
Article 9 The state shall encourage and support the participation of citizens, legal persons and other organizations in ICH protection.
Article 10 The organizations and individuals that have made remarkable contributions in ICH protection shall be commended and rewarded according to the relevant provisions of the state.
Chapter II Investigation of Intangible Cultural Heritage
Article 11 The people's government at or above the county level shall organize ICH investigations as required for ICH protection and preservation. The competent culture department shall be responsible for conducting ICH investigations.
Other relevant departments of the people's government at or above the county level may conduct ICH investigations within their respective work fields.
Article 12 When conducting ICH investigations, the competent culture department and other relevant departments shall determine, record and file the ICH and establish a sound investigation information sharing mechanism.
When conducting ICH investigations, the competent culture department and other relevant departments shall collect the representative objects forming part of the ICH, classify and properly keep the materials obtained in investigation, and prevent the destruction or loss thereof. The duplicates of photos of and materials on the objects obtained by other relevant departments shall be summarized and submitted to the competent culture department at the same level.
Article 13 The competent culture department shall fully understand the relevant ICH information, create ICH files and establish the relevant databases. The ICH files and the relevant data shall be made public for consultation, except for those that shall be kept confidential according to law.
Article 14 Citizens, legal persons and other organizations may conduct ICH investigations according to law.
Article 15 To conduct an ICH investigation within the territory of the People's Republic of China, an overseas organization or individual shall report to the competent culture department of the people's government of the province, autonomous region or municipality directly under the Central Government for approval; where the investigation will be conducted in two or more provinces, autonomous regions and municipalities directly under the Central Government, it/he shall report to the competent culture department of the State Council for approval; and after the completion of the investigation, submit the investigation report and the duplicates of photos of and materials on the objects obtained during investigation to the competent culture department which approves the investigation.
An overseas organization shall conduct an ICH investigation within the territory of the People's Republic of China by cooperating with an ICH academic research institution of China.
Article 16 To conduct an ICH investigation, the investigator shall obtain the consent of the respondents, respect their customs and shall not impair their legitimate rights and interests.
Article 17 With respect to an ICH item on the verge of disappearance found through investigation or any other means, the competent culture department of the people's government at or above the county level shall immediately record it and collect the relevant objects, or take other rescue preservation measures; and where necessary, take effective measures to support the inheritance thereof.
Chapter III Catalogue of Representative Items of Intangible Cultural Heritage
Article 18 The State Council shall establish a catalogue of national representative ICH items, and include the ICH items reflecting the fine traditional culture of the Chinese nation and having significant historical, literary, artistic and scientific value in the catalogue for protection.
The people's government of a province, autonomous region or municipality directly under the Central Government shall establish a catalogue of local representative ICH items, and include the ICH items reflecting the fine traditional culture of the Chinese nation and having significant historical, literary, artistic and scientific value within its administrative region in the catalogue for protection.
Article 19 The people's government of a province, autonomous region or municipality directly under the Central Government may select an item from its catalogue of representative ICH items and recommend to the competent culture department of the State Council that this item may be included in the catalogue of national representative ICH items, and submit the following materials at the time of recommendation:
1. introduction to the item, including the name, history, status quo and value of the item;
2. introduction to its inheritance, including the scope of inheritance, inheritance pedigree, skills of the predecessor, and social influences of inheritance activities;
3. requirements for protection, including the targets to be achieved, the measures that shall be taken, steps and management rules; and
4. audiovisual materials and other materials that help describe the item.
Article 20 Where a citizen, legal person or any other organization believes that an ICH item reflects the fine traditional culture of the Chinese nation, and has significant historical, literary, artistic or scientific value, he/it may make a suggestion to the competent culture department of the people's government of a province, autonomous region or municipality directly under the Central Government or that of the State Council that it should include the item in the catalogue of national representative ICH items.
Article 21 Where a same ICH item is complete in form and connotation in two or more regions, it may also be included in the catalogue of national representative ICH items together.
Article 22 The competent culture department of the State Council shall organize an expert review team and an expert review board to conduct a preliminary review and deliberation of the ICH items whose inclusion in the national representative ICH items is recommended or suggested.
The preliminary opinions shall be voted through by a majority of all members of the expert review team. The expert review board shall deliberate on the preliminary review opinions and put forward opinions upon deliberation.
The review shall be conducted under the principles of openness, fairness and impartiality.
Article 23 The competent culture department of the State Council shall announce the items to be included in the catalogue of national representative ICH items so as to solicit the opinions of the public. The items shall be announced for at least 20 days.
Article 24 The competent culture department of the State Council shall, according to the deliberation opinions of the expert review board and the results of announcement, draw up the catalogue of national representative ICH items, and report it to the State Council for approval and announcement.
Article 25 The competent culture department of the State Council shall organize the formulation of protection plans to protect the national representative ICH items.
The competent culture department of the people's government of a province, autonomous region or municipality directly under the Central Government shall organize the formulation of protection plans to protect the local representative ICH items announced upon the approval of the people's government at the same level.
Special attention shall be paid to the protection of representative ICH items on the verge of disappearance in the formulation of protection plans to protect representative ICH items.
Article 26 With respect to the specific areas where the representative ICH items are concentrated, have distinctive features and complete forms and connotations, the local competent culture department may make a special protection plan and, after reporting it to and obtaining the approval of the people's government at the same level, carry out regional overall ICH protection. In the determination of regional overall ICH protection, the wishes of local residents shall be respected, and the objects and spaces forming part of the ICH shall be protected from destruction.
Where the regional overall protection involves space planning of the villages and towns or blocks where the ICH items are concentrated, the local competent department of urban and rural planning shall make a special plan for protection according to the relevant laws and regulations.
Article 27 The competent culture department of the State Council and the competent culture department of the people's government of a province, autonomous region or municipality directly under the Central Government shall supervise and inspect the implementation of the plans for the protection of representative ICH items, and timely correct and deal with those failing to effectively implement the plans.
Chapter IV Inheritance and Spread of Intangible Cultural Heritage
Article 28 The state shall encourage and support the inheritance and spread of representative ICH items.
Article 29 The competent culture department of the State Council and the competent culture department of the people's government of a province, autonomous region or municipality directly under the Central Government may determine representative predecessors of the representative ICH items announced upon the approval of the people's government at the same level.
The representative predecessor of a representative ICH item shall meet the following conditions:
1. He has a good mastery of the ICH he is to pass on;
2. He is representative in a special field and relatively influential within a certain area; and
3. He actively carries out the inheritance activities.
The representative predecessors of representative ICH items shall be determined by analogy with the relevant provisions of this Law on the review of representative ICH items, and the list of the representative predecessors determined shall be announced.
Article 30 The competent culture department of the people's government at or above the county level shall, as required, take the following measures to support the inheritance and spread activities of representative predecessors of representative ICH items.
1. providing necessary places for inheritance;
2. providing necessary funds to subsidize their activities of instructing the inheritors, passing on skills, exchanging, etc.;
3. supporting their participation in social welfare activities; and
4. taking other measures to support their inheritance and spread activities.
Article 31 The representative predecessor of a representative ICH item shall fulfill the following duties:
1. carrying out inheritance activities, and cultivating inheritors;
2. properly keeping the relevant objects and materials;
3. cooperating with the competent culture department and other relevant departments in ICH investigations; and
4. participating in ICH public welfare publicity.
Where the representative predecessor of a representative ICH item fails to fulfill the duties prescribed in the preceding paragraph without any justifiable reason, the competent culture department may cancel his qualification as the predecessor and determine another one as the representative predecessor; and if he loses the inheritance ability, the competent culture department may determine another one as the representative predecessor of this item.
Article 32 The people's government at or above the county level shall, in light of the actualities, take effective measures to organize the competent culture department and other relevant departments to publicize and exhibit representative ICH items.
Article 33 The state shall encourage the scientific and technological research relating to the ICH and the research on the methods for ICH protection and preservation, and encourage ICH recording and the classification, publication, etc. of representative ICH items.
Article 34 Schools shall provide the relevant ICH education as required by the competent education department of the State Council.
News media shall publicize representative ICH items and popularize ICH knowledge.
Article 35 Libraries, cultural centers, museums, science and technology museums and other public cultural organizations and ICH academic research institutions, ICH protection institutions as well as performance groups, business entities of performance places, etc. launched with public finance funds shall carry out ICH classification, research, academic exchange and the publicity and exhibition of representative ICH items according to their respective scope of businesses.
Article 36 The state shall encourage and support the establishment of ICH exhibition and inheritance places by citizens, legal persons and other organizations according to law to exhibit and inherit representative ICH items.
Article 37 The state shall encourage and support the reasonable use of representative ICH items on the basis of effective protection thereof by giving play to the special advantages of ICH resources, so as to develop cultural products and cultural services with local characteristics, ethnic features and market potential.
With respect to the development and usage of representative ICH items, the representative predecessors shall be supported to carry out inheritance activities, and the objects and spaces forming part of the items shall be protected.
The people's government at or above the county level shall provide support for the entities making reasonable use of representative ICH items. The entities making reasonable use of representative ICH items shall enjoy tax preferences of the state according to law.
Chapter V Legal Liabilities
Article 38 Where any functionary of the competent culture department or any other relevant department neglects duties, abuses powers, practices favoritism, or makes falsification in ICH protection and preservation, he shall be subject to disciplinary actions according to law.
Article 39 Where any functionary of the competent culture department or any other relevant department offends the customs of the respondent when conducting an ICH investigation, causing any serious consequence, he shall be subject to disciplinary actions according to law.
Article 40 Where anyone destroys an object or space which forms part of the ICH to violate this Law, he shall assume civil liabilities according to law; and if his acts violate the public security administration, he shall be given a public security punishment according to law.
Article 41 Where an overseas organization violates Article 15 of this Law, the competent culture department shall order it to make corrections, give it a warning, and confiscate its illegal gains and the objects and materials obtained during investigation; and if the circumstances are serious, impose a fine of more than 100,000 yuan and less than 500,000 yuan on it.
Where an overseas individual violates paragraph 1 of Article 15 of this Law, the competent culture department shall order him to make corrections, give him a warning, and confiscate his illegal gains and the objects and materials obtained during investigation; and if the circumstances are serious, impose a fine of more than 10,000 yuan and less than 50,000 yuan on him.
Article 42 Where anyone violates this Law, which constitutes a crime, he shall be subject to criminal liability according to law.
Chapter VI Supplementary Provisions
Article 43 The measures for the establishment of a catalogue of local representative ICH items shall be formulated by the province, autonomous region or municipality directly under the Central Government by analogy with the relevant provisions of this Law.
Article 44 Where intellectual property rights are involved in the ICH usage, the provisions of the relevant laws and administrative regulations shall apply.
Where any other law or administrative regulation provides otherwise for the protection of traditional medicine, traditional arts and crafts, etc., such provisions shall prevail.
Article 45 This Law shall come into force on June 1, 2011.