(March 16, 2023)

SMACT [2023] No.2

 

Procedures of Shanghai Municipality for Determination, Protection and Administration of Representative Intangible Cultural Heritage Items and Their Inheritors

Chapter I  General Provisions

Article 1

With a view to effectively protecting and managing representative intangible cultural heritage items and their inheritors of Shanghai Municipality, these Procedure are formulated in accordance with the Intangible Cultural Heritage Law of the People's Republic of China, the Regulations of Shanghai Municipality on the Protection of Intangible Cultural Heritages, the Procedures for the Determination and Administration of Representative Inheritors of National Intangible Cultural Heritages and other relevant laws, rules and regulations.

Article 2

The "representative intangible cultural heritage items of Shanghai Municipality" as stated in these Procedures refer to the intangible cultural heritage items that have been incorporated into the representative list of national intangible cultural heritage of Shanghai Municipality as approved and promulgated by Shanghai Municipal People's Government.

The "representative intangible cultural heritage inheritors of Shanghai Municipality" refer to the inheritors determined by Shanghai Municipal Administration of Culture and Tourism.

Article 3

These Procedures shall apply to the determination, protection and management of representative intangible cultural heritage items of Shanghai Municipality and their representative inheritors (hereinafter respectively referred to as "municipal representative items" and "municipal representative inheritors").

Chapter II  Determination

Article 4

The determination of municipal representative items and municipal representative inheritors shall be organized and conducted by the municipal administrative departments of culture and tourism.

The determination of municipal representative items and municipal representative inheritors shall conform to the principles of openness, fairness and justice.

Article 5

The Municipal People's Government shall establish a catalogue of municipal representative intangible cultural heritage items, and include in it the intangible cultural heritage items that reflect the distinguished traditional culture of the Chinese nation and hold significant historical, literary, artistic and scientific value and that are integrated with the local culture and historical development of Shanghai for the purpose of protection.

Article 6

The municipal and district administrative departments of culture and tourism shall select items to be included in their catalogue of representative lists of intangible cultural heritage items from the intangible cultural heritage items either found through investigation or other channels.

The district people's government may recommend to the municipal administrative department of culture and tourism the items selected from the district catalogue of representative intangible cultural heritage items for their inclusion in the municipal catalogue of representative intangible cultural heritage items. The district administrative department of culture and tourism shall be liable for the specific recommendation and submit the following materials:

1. introduction of the item, including its name, history, current situation and value;

2. introduction to its inheritance situation, including the scope of inheritance, the inheritance pedigree, the artistic level of its inheritor, and the social influence of inheritance activities;

3. protection requirements, including the objectives that shall be achieved and the measures, steps and management systems that shall be adopted for the protection; and

4. audiovisual materials and other materials that may help introduce the item.

Article 7

The municipal representative inheritor can be an individual or a group.

"The individual" refers to a single natural person.

"The group" refers to the natural persons group composed of two or more inheritors. Members thereof respectively take charge of major links, procedures or parts of a certain municipal representative item. They interdependently collaborate with each other with a distinct division of responsibility and make joint efforts to inherit the municipal representative item.

Article 8

The representative inheritor of a representative intangible cultural heritage item shall fulfill the following requirements:

1. engaging in long-term inheritance practice of the intangible cultural heritage with high proficiency in the inherited knowledge and core artistry of the very municipal representative intangible cultural heritage item;

2. being representative in a specific field and relatively influential in a certain area; observing the law, with the spirit of dedication as well as moral and artistic stature; and

3. playing an important role in the inheritance of the intangible cultural heritage, actively carrying out inheritance activities, and cultivating successors.

Those who engage in the collection, compilation, or research of intangible cultural heritage materials without direct involvement in inheritance shall not be determined as municipal representative inheritors.

Article 9

The district administrative department of culture and tourism may recommend municipal representative inheritors to the municipal administrative department of culture and tourism. Those who are recommended shall submit the following materials:

1. basic information of the recommended inheritor, including his name, nationality, beginning time of employment, etc.;

2. the recommended inheritor’s inheritance pedigree or mentorship pedigree and his learning and practice experiences;

3. relevant supporting materials to certify the knowledge and core artistry of intangible cultural heritages inherited and mastered by the recommended inheritor as well as his achievements;

4. introduction of the recommended inheritor’s successor cultivating, and his participation in public welfare activities, etc.;

5. introduction of the recommended inheritor’s relevant material objects and materials of the item;

6. a statement indicating the recommended inheritor’s voluntary commitment to inherit intangible cultural heritages and fulfill relevant obligations as a representative inheritor; and

7. other materials that help to certify the representativeness and influence of the recommended inheritor.

If a group is recommended as a representative inheritor, other materials such as group membership lists and group members' artistry characteristics shall be additionally submitted.

Article 10

If citizens, legal persons, and other organizations consider that a certain intangible cultural heritage embodies the distinguished traditional culture of the Chinese nation and possess historical, literary, artistic and scientific value, they may make recommendations to the municipal or district administrative department of culture and tourism on the determination of the item as a municipal representative item.

Any individual or group that believes he or his group meets the requirements as prescribed in Article 7 and Article 8 hereof may apply to the relevant municipal or district administrative department of culture and tourism for recommendation as a municipal representative inheritor.

Article 11

The municipal administrative department of culture and tourism shall establish an expert review panel and an expert review board to conduct preliminary review and deliberation of the intangible cultural heritage item and the representative inheritor whose inclusion in the catalogue of municipal representative intangible cultural heritage items is recommended or proposed.

The preliminary opinions shall be voted through by a majority of all members of the expert review panel. The expert review board shall deliberate on the preliminary review opinions and put forward opinions upon deliberation.

The municipal administrative department of culture and tourism shall publicize the items and representative inheritors to be included in the municipal catalogue of representative intangible cultural heritage items after an expert review so as to solicit the opinions of the public. The items and inheritors shall be publicized for no less than 20 days.

Any citizen, legal person, or other organization that has any objection to the recommendation list of municipal representative items and inheritors may write to the municipal administrative department of culture and tourism in their real names during the publicity period.

Article 12

Members of the expert review panel and the expert review board shall voluntarily apply for withdrawal in the event of any of the following circumstances:

participating in the expert evaluation or the recommendation material preparation of municipal representative items and inheritors recommended by the district administrative department of culture and tourism; or

having an interest relationship with the recommended municipal representative items, municipal representative inheritors and their related groups.

Article 13

The municipal administrative department of culture and tourism shall, in accordance with the opinions of the expert review board and the results of the publicity, draft the catalogue of intangible cultural heritages of Shanghai Municipality, and submit it to Shanghai Municipal People’s Government for approval and announcement.

The municipal administrative department of culture and tourism shall, in accordance with the opinions of the expert review board and the results of the publicity, determine the list of municipal representative inheritors and announce it.

Article 14

The municipal administrative department of culture and tourism shall designate entities for the protection of municipal representative items under the principles and procedures of openness, fairness and impartiality. These entities shall be enterprises, public institutions or social organizations that are willing to assume the responsibility to protect a certain municipal representative item and has personnel, facilities, venues, and other necessary conditions required for protection work. A protection entity shall meet the following conditions:

1. having relatively complete information on the municipal representative item and its inheritors;

2. having willingness and ability to implement the protection plan of the item; and

3. having venues and supporting conditions for inheritance and dissemination activities.

Chapter III  Protection

Article 15

The protection of municipal representative items shall adhere to the principle of living inheritance, promote the item’s contemporary value without prejudice to their basic connotation, enhance the sustainability of intangible cultural heritages and boost people’s sense of participation, gain and identity. Under the guidance of the policy of “promoting rational utilization, inheritance and development, with protection as the focus and restoration as the priority”, creative transformation and innovative development of intangible cultural heritages shall be promoted.

The municipal representative inheritors shall assume the responsibility of inheritance, dissemination, promotion and revitalization of municipal representative items, cultivate a character featuring loyalty, persistence and integrity, enhance the sense of mission and responsibility and the ability of inheritance and practice, shape correct visions of history, state, nation and culture amid their efforts for inheritance and dissemination, and forge the sense of community of the Chinese nation.

Article 16

The municipal representative inheritor shall enjoy the following rights:

1. to carry out activities such as passing on knowledge and artistry, artistic creation and production, display, performance, academic research and so on;

2. to make reasonable use of the representative intangible cultural heritage items and to provide related products and services;

3. to obtain corresponding remuneration for inheritance and dissemination work or other activities; and

4. other rights related to the protection of intangible cultural heritages.

Article 17

The municipal representative inheritor shall fulfill the following obligations:

1. carrying out inheritance activities and cultivating successors.

2. properly preserving relevant objects and materials;

3. co-operating with the administrative departments of culture and tourism and other relevant departments in intangible cultural heritage investigations; and

4. participating in the public welfare publicity of intangible cultural heritages.

Article 18

The municipal administrative department of culture and tourism shall, as required, take the following measures to support municipal representative inheritors in inheritance and publicity:

1. providing necessary venues for inheritance;

2. subsidizing their activities of instructing successors, passing on artistry, exchanging, etc.;

3. guiding and supporting their activities such as recording, sorting, archiving, researching, publishing, exhibition, display and performance of intangible cultural heritages;

4. supporting their participation in study and training;

5. supporting their participation in social welfare activities; and

6. taking other measures to support their inheritance, publicity and other activities.

The municipal administrative department of culture and tourism shall collaborate with relevant departments to actively create conditions for those municipal representative inheritors who lack source of economic income and face real difficulties in their livelihood, and encourage social organizations and individuals to provide financial assistance for them to ensure their basic living needs.

Article 19

The municipal and district administrative departments of cultural and tourism may express condolences to deceased municipal representative inheritors in appropriate ways and promote the publicity and coverage of their inheritance achievements.

Article 20

Protection entities are entitled to the following rights:

1. to participate in training and study organized by administrative departments of culture and tourism at all levels;

2. to obtain special subsidies from administrative departments of culture and tourism at all levels;

3. to recommend representative inheritors of a certain item to administrative departments of culture and tourism at all levels;

4. to research on representative intangible cultural heritage items;

5. to make rational use of representative intangible cultural heritage items and provide relevant products and services; and

6. other rights related to the protection of intangible cultural heritages.

Article 21

Protection entities shall fulfill the following obligations:

1. formulating and implementing plans for the protection and inheritance of representative intangible cultural heritage items, so as to provide necessary conditions for representative inheritors to carry out inheritance activities;

2. collecting and sorting out the materials and material objects of representative intangible cultural heritage items and protecting the relevant materials, material objects, buildings (structures) and venues;

3. publicizing and exhibiting representative intangible cultural heritage items; and

4. other obligations related to the protection of intangible cultural heritages.

Article 22

Citizens, legal persons and other organizations are encouraged and supported to participate in the protection of intangible cultural heritages. Representative inheritors and protection entities that have made remarkable contributions to the protection of items shall be commended in accordance with the relevant provisions of the State and this Municipality on evaluation and commendation.

Article 23

The municipal administrative department of culture and tourism shall issue plaques of intangible cultural heritage protection to municipal protection entities, which shall be responsible for hanging them in their office space. The municipal administrative department of culture and tourism shall issue certificates to municipal representative inheritors. Both the plaques and certificates should be properly kept.

Any loss of plaques of intangible cultural heritage protection or certificates shall be reported to the municipal administrative department of culture and tourism, which shall, upon approval, uniformly reissue new plaques or certificates to the municipal protection entities or municipal representative inheritors and render their lost ones invalid.

Chapter IV  Management

Article 24

The municipal administrative department of culture and tourism shall establish and improve rules and regulations so as to dynamically manage the protection and inheritance of municipal representative items, inheritors and protection entities.

Article 25

The municipal administrative department of culture and tourism shall supervise and inspect the implementation of protection plans for representative items; protection plans that has been found not effectively implemented shall be rectified and dealt with in a timely manner.

Article 26

The municipal administrative department of culture and tourism shall evaluate the protection and inheritance of municipal representative items and inheritors every three years, and publicize the evaluation results.

Corresponding incentive measures shall be taken for the protection entities and inheritors with excellent evaluation results.

Representative inheritors or protection entities that fail to perform their obligations without justifiable reasons shall be ordered to make corrections within a time limit; for those who fail to make corrections within the time limit, the municipal administrative department of culture and tourism may disqualify them and make a new determination.

Article 27

Protection entities of municipal representative items recommended by district administrative departments of culture and tourism shall be located within the administrative area of that district.

Article 28

The district administrative department of culture and tourism shall report to the municipal administrative department of culture and tourism in a timely manner any serious emergency that arises during the protection and inheritance work of municipal representative items and major events such as the death of individuals or group members who are municipal representative inheritors.

Where municipal representative inheritors lose their inheritance ability on account of death, age, disease, group dissolution and other objective reasons, the municipal administrative department of culture and tourism shall re-determine or supplement the determination of the municipal representative inheritor of the item.

Chapter V  Supplementary Provisions

Article 29

The identification, protection and management of district representative items and inheritors shall be implemented in accordance with relevant provisions of these Procedures.

Article 30

These Procedures shall be effective as of May 1, 2023 and remain valid for five years.