Regulations of Shanghai Municipality on the Inheritance,Promotion, Protection and Utilization of Red Resources
Regulations of Shanghai Municipality on the Inheritance,Promotion, Protection and Utilization of Red Resources
(May 21, 2021)
Chapter I General Provisions
Article 1With a view to strengthening the inheritance, promotion, protection and utilization of red resources, highlighting Shanghai’s historical position as the birthplace of the Communist Party of China, promoting red culture, inheriting red genes, keeping in mind the original aspirations and the mission, and cultivating and practicing the core socialist values, these regulations are formulated in accordance with relevant laws and administrative rules, and in the light of the actual circumstances of this Municipality.
Article 2 These Regulations apply to the investigation and identification, inheritance and promotion, protection and management of red resources as well as to the related safeguard measuresin the administrative area of this Municipality.
The red resources mentioned in these Regulations refer tothe following material and spiritual resources of historic value, and educational and commemorative significance developed under the leadership of the Communist Party of China during the period of the new democratic revolution, the period of socialist revolution and construction, the new period of reform and opening up and the socialist modernization drive, and the new era of socialism with Chinese characteristics:
1. important old sites, ruins, memorial facilities or places, etc.;
2. important files, documents, manuscripts, audiovisual materials and physical objects, etc.; and
3. other representative resources.
Article 3 The inheritance, promotion, protection and utilization of red resources must adhere to the leadership of the Communist Party of China, strengthen the "four consciousnesses", strengthen the "four self-confidence", achieve "two safeguards", implement the working mechanisms of Party committee leadership, government responsibility, departmental coordination and social participation, and follow the principle of respecting historical facts, protecting according to law, using rationally, and giving priority to, inheritance.
Article 4 The municipal and district people’s governments are the main body responsible for the inheritance, promotion, protection and utilization of red resources in their respective administrative regions. They shall incorporate the inheritance, promotion, protection and utilization of red resources into the national economic and social development plan at the corresponding level, as well as the government’s target responsibility assessment, and lift the work level of resources inheritance, promotion, protection and utilization.
Town/township people's governments and sub-district offices shall, in accordance with their duties and functions, do a good job in the inheritance, promotion, protection and utilization of red resources within their jurisdictions.
Article 5 This Municipalityshall establish the joint conference mechanism for the inheritance, promotion, protection and utilization of resources with publicity, party history research, archives, cultural tourism, planning resources, housing and urban and rural construction, veterans affairs, education and other departments and institutions as the main member units at the municipal and district levels under the leadership of the Party committee;the joint conference is responsible for making the overall plans, coordinating, guiding, and pushing the inheritance, promotion, protection and utilization of red resources, researching and deciding on major issues in the inheritance, promotion, protection and utilization of red resources, carrying forward and protecting red resources,making evaluation for the implementation thereof and giving publicity thereto.
The joint conference office is located in the publicity department at the same level, specifically responsible for the organization of the joint conference on the inheritance and protection of red resources.It shall promote the implementation of the comprehensive coordination, supervision and inspection of the inheritance, promotion, protection and utilization of red resources, and complete other tasks assigned by the joint conference .
Article 6 The cultural and tourism department is responsible for the protection and utilization of the relics of red resources, as well as the work of public culture and tourism services related to the inheritance, promotion, protection and utilization of red resources.
The department of veterans affairs is responsible for the protection and utilization of the martyrs' memorial facilities in the red resources and the work of martyrs' praise.
The planning and resources department is responsible for the planning and management of historical areas, outstanding historical buildings, and historical heritages that need to be preserved related to the protection and utilization of red resources.
The housing management department is responsible for the protection and utilization of the outstanding historical buildings in the red resources and the historical heritages that need to be preserved.
The archives department is responsible for supervising and guiding the protection and utilization of archives in the red resources.
The education department is responsible for supervising and guiding the school to carry out the inheritance, promotion, protection and utilization of red resources.
Development and reform, finance, human resources and social security, press and publication, movies, internet information, state-owned assets, housing and urban-rural construction, ecological environment, greening and city appearance, transportation, public security, fire and rescue, urban management and law enforcement, statistics, civil affairs and other departments, shall. according to their respective duties and functions, coordinate the implementation of the red resources inheritance, promotion, protection and utilization.
Article 7 The trade unions, the Communist Youth League, the Women's Federation and other mass organizations shall give full play to their respective advantages and organize and carry out the related inheritance, promotion, protection and utilization of red resources.
Article 8Every unit and individual has the obligation to protect red resources in accordance with the law, and shall not destroy, damage, occupy or distort, vilify, desecrate, or deny red resources.
Article 9 This Municipalityshall establish a red resource protection and utilization expert committee composed of professionals in related fields to provide consultation, demonstration, review and other opinions on red resource identification and protection management.
Article 10 Every unit and individual that has made outstanding contributions to the inheritance, promotion, protection and utilization of red resources shall be commended and rewarded in accordance with the relevant provisions of the State and this Municipality.
Article 11 This Municipalityshall give full play to the red resource advantages of Shanghai as the birthplace of the Communist Party of China, the long-term station of the party central organs after the founding of the Party, an important base for socialist construction, and the frontier of reform and opening up, and shall strengthen joint cooperation with other provinces and cities to jointly protect the spiritual home of the Chinese Communists.
Chapter II Investigation and Confirmation
Article 12 This Municipalityshall establish a red resource list system, and include red resources with important historical value, and educationaland commemorative significance in the list for protection.
Article 13 The municipal and district departments of cultural tourism, archives, veterans affairs, planning resources, housing management, education, party history research, and local chronicles shall regularly organize and carry out investigations of red resources, and submit the results of the investigation to the Joint Conference on the Inheritance, Promotion, Protection and Utilization of RedResources at the same level.
The DistrictJoint Conference on the Inheritance, Promotion, Protection and Utilization of Red Resourcesshall summarize the survey results of relevant district departments and agencies and submit them to the Municipal Joint Conference on the Inheritance, Promotion, Protection and Utilization of Red Resources
Citizens, legal persons, and other organizations can make suggestions for inclusion in the Red Resource List to the relevant municipal and district departments.
Article 14 The Municipal Joint Conference on the Inheritance, Promotion, Protection and Utilization of Red Resources shall follow the principles of openness, fairness and impartiality to select experts in relevant fields from the expert committee, conduct reviews in accordance with the accreditation standards and procedures, and draw up a list of suggestions for inclusion in the Red Resources List. The list of suggestions shall be publicized to society, publicopinions shall be solicited, and the publicity shall not be less than 20 days.
The Municipal Joint Conference onthe Inheritance, Promotion, Protection and Utilization of Red Resources shall put forward a list of red resources recommendations based on expert review opinions and publicity results, which shall be announced after verification by the Municipal People’s Government.
The red resource identification standards shall be formulated by the municipal party history research institution in conjunction with the municipal publicity, archives, cultural tourism, veterans affairs, planning resources, housing management and other departments and local chronicles, and reported to the Municipal Joint Conference on the Inheritance and Protection of Red Resources for review.
Article 15 This Municipality shall implement dynamic adjustments to the list of red resources. For the red resources that have been included in the list, the Municipal Joint Conference on the Inheritance, Promotion, Protection and Utilization of Red Resources shall make recommendations and adjust them after approval by the Municipal People’s Government; as for the newly discovered red resources with important historical value, and educational and commemorative significance, the Joint Conference shall refer tothe procedures prescribed in Article 13 and Article 14 of these Regulations and include them in the Red Resource List and give publicity thereto in a timely manner.
Article 16 The District Joint Conference on the Inheritance, Promotion, Protection and Utilization of Red Resources shall designate relevant departments to set up commemorative signs for the sites listed in the Red Resource List (hereinafter referred to as the red sites); for the old sites, memorial facilities or places listed in the Red Resource List (Hereinafter referred to as old red sites, memorial facilities or places) set up protection signs.
The style of the commemorative or protection signs shall be proposed by the municipal party history research institute in conjunction with the municipal department of culture and tourism, and submitted to the Municipal Joint Conference on the Inheritance, Promotion, Protection and Utilization of Red Resources for review and approval.
No unit or individual may set up, move, smear, or damage commemorative or protection signs without authorization.
Article 17 This Municipality shall establish a red resource directory database and perfect the information sharing mechanism.
The municipal cultural and tourism, archives, veterans affairs, planning resources, housing management, education and other departments and party history research and local chronicle institutions shall record, arrange, and file the red resources listed in the list, and use modern information technology to do digital protection of related materials. The digital achievements shall be shared in accordance with the law.
Chapter III Inheritance and Promotion
Article 18 This Municipality shall implement the important concept of “people’s city by the people and for the people”, promote the city spirit of inclusiveness, pursuit of excellence, enlightenment and wisdom, generosity and humility, and the city’s character of openness, innovation and toleration, and regard red resources as vivid teaching materials to develop firm ideals and beliefs, andenhanceParty spirit, carry out learning and education of Party history, new China history, history of reform and opening up, and history of socialist development,implement the Party’s birthplace excavation and promotion project, the red culture inheritance and promotion project, and the protection and utilization of Shanghai revolutionary cultural relics, deeply explore the party-building spirit and the red resources of the new era, give play to the social functions of the red resources of cohesiveness, cultivating souls, and promoting development, and launch the Shanghai red cultural brand.
Article 19 This Municipality shall intensively carry out red theme activities around the "July 1st" each year, and organize various commemorativeactivities on National Day, Tomb-sweeping Day, Labor Day, Martyrs Memorial Day, major historical event anniversary, and important battle anniversary.
Encourage activities such as joining the Communist Party of China, the Chinese Communist Youth League, and the Chinese Youth Pioneer to take the oath of participation at the red sites, ruins, memorial facilities or places.
Article 20 Departments of publicity, united front, archives and other departments, party history research, social science research, party schools, universities and other institutions, as well as related management units of red resources shall organize and carry out theoretical research on red resources, strengthen research on file arrangement and utilization, and tap the historical value and connotation of the times of red resources in Shanghai.
Article 21 The press and publication departments shall support the publication and distribution of red resource theoretical research results and red theme publications.
Encourage publishing units to carry out the publication planning and promotion of red resource theoretical research results, red theme publications, develop integrated media publications, and organize red theme reading activities.
Article 22 Media such as radio, television, newspapers, and websites shall adhere to the correct guidance of public opinion, promote the red culture through news reports, columnsopening, and public service advertisements, and innovate communication methods and expand new media communication channels.
Article 23 Departments of publicity, cultural tourism, film, education, etc. shall support the creation and dissemination of red-themed literary and artistic works, and increase support through mechanisms such as support for the creation of fine literary works.
Encourage literary and artistic performance groups, literary and artistic workers, and performance venue operators to carry out activities such as the creation, exhibition and screening of red-themed literary and artistic works.
Encourage the first publication, premiere, first show and first exhibition of outstanding red-themed art works in this Municipality.
Article 24 The people's governments at all levels and relevant departments shall organize various publicity and education activities on the theme of the masses, tell the red story well, and guide the public to participate in the inheritance and promotion of red resources.
This Municipality shall encourage senior party members, veterans, and heroes to carry out red resource inheritance and promotion activities, and push the transmission of revolutionary traditions and fine styles.
This Municipality shall integrate the inheritance and promotion of red resources into the Citizen Cultural Festival, Shanghai Tourism Festival, Shanghai International Film and Television Festival, Shanghai Book Fair and other major brand festivals, and uses public spaces such as airports, stations, ports, industry windows, and office buildings to expand the promotion of red resources position.
Article 25 The old red sites, ruins, memorial facilities or places that meet the conditions for opening shall be opened to the public for free or at a preferential rate in accordance with the relevant provisions of the State.
If old red sites, ruins, memorial facilities or places are opened or service items are charged, free or other preferential treatment shall be provided to minors, adult students, teachers, the elderly, the disabled, military personnel and fire rescue personnel.
Encourage archives, museums, memorials, party history museums, art galleries, libraries, and other units and individuals to open or publish the red resources they own or keep.
Article 26 The old red sites, ruins, memorial facilities or places that have the conditions for opening shall provide the public with services such as display and exhibition, display experience and other services, and use the Internet, big data and other information technologies to promote the integration and innovation of exhibition and display methods.
Encourage archives, museums, memorials, party history museums, art galleries, libraries and other red resource collection units to research, sort out, develop and utilize red resources in their collections or aggregation, carry out inheritance and promotion activities such as special exhibitions, public welfare lectures, media publicity and reading promotion.
The content of exhibitions and narrations on old redsites, ruins, memorial facilities, or places must solicit opinions from party history research institutions; the content of exhibitions and explanations must be accurate, complete, and authoritative.
The publicity, cultural and tourism departments shall strengthen the construction of information application platforms related to red resources, and advance the online centralized promotion and publicity and display of red resources.
Article 27 Encourage the establishment of bases for patriotism education, party history education, clean government education, national defense education, and student social practice, based on old red sites, ruins, memorial facilities or places, equip education management teams, and give play to the social education function of red resources.
Encourage red sites, ruins, memorial facilities, or site management units to establish joint construction and sharing mechanisms with state organs, social organizations, enterprises, institutions, and other organizations to facilitate the development of patriotic education and other activities.
Article 28 Encourage Party organizations at all levels to use red resources to carry out education on the ideals and beliefs of party members, and organize branch party member meetings, branch committee meetings, party group meetings, party classes, and theme party days and other activities at red sites, ruins, memorial facilities or places.
Article 29 State organs, public institutions and state-owned enterprises shall use red resources to regularly organize and carry out educational activities on red themes.
Party schools and cadre education and training institutions shall incorporate red theme education into compulsory teaching courses, use red resources to carry out on-site teaching, and organize students to red sites, ruins, memorial facilities or places to carry out learning, training and voluntary services.
Article 30 The education department shall promote red culture into campuses and integrate red culture into ideological and moral, cultural knowledge, social practice and other education and teaching content.
Schools shall use red resources to carry out education and teaching activities such as moral, intellectual, physical, aesthetic and labor education, and organize students to visit red sites, ruins, memorial facilities or places, etc., to carry out patriotic education and social practice activities every school year.
Article 31 This Municipality shall rely on the New Era Civilization Practice Center to promote the integration and development of the red resource inheritance and civilized practice activities, establish and improve the corresponding voluntary service mechanism, organize and carry out voluntary service activities, keep in mind the revolutionary history, and inherit the revolutionary tradition.
Encourage old red sites, ruins, memorial facilities or site management units to establishvolunteer service teams of red resources inheritance and promotion.
Publicity, cultural and tourism, education and other departments shall provide guidance and support for the inheritance and promotion of voluntary services of red resources.
Article 32 The cultural and tourism department shall guide the development of red tourism routes and classic scenic spots, cultivate red tourism brands, deepen cooperation in red tourism regions, and enhance the integration and development of red tourism with urban tourism, rural tourism, research tourism, and technological tourism.
Encourage and support units and individuals to participate in the development of red tourism, rationally use red resources, and enhance the connotation and influence of red tourism.
Chapter IV Protection Management
Article 33 The departments of planning resources, ecological environment, cultural and tourism, etc. shall reflect the requirements for the protection and utilization of red resources when organizing the compilation of special plans for land and space, environmental protection, and cultural tourism development.
Article 34 The departments of cultural and tourism, planning resources, housing management, and veterans affairs shall, in accordance with their respective duties and functions, implement classified protection of old red sites, ruins, memorial facilities or places in accordance with the following provisions:
1. Those belonging to immovable cultural relics, outstanding historical buildings, and martyrs' memorial facilities shall be protected in accordance with the relevant national and municipal provisions through delineation of protection scope and construction control scope, and corresponding protection measures shall be taken in accordance with the law;
2. The old red sites that are not classified as immovable cultural relics, outstanding historical buildings, or martyrs' memorial facilities, and that are located in the historical area can be protected as historical buildings that need to be preserved by the historical area protection plan; those located outside the historical area shall be protected with reference to historical buildings that need to be preserved.
3. Red sites that are not immovable cultural relics shall be protected by setting up commemorative signs;
4. Other memorial facilities or places that are not martyrs' memorial facilities shall be protected and managed in accordance with the management provisions on public cultural facilities and urban sculptures.
The archives and movable cultural relics in the red resource list shall be protected and managed in accordance with the relevant laws and rules; documents, manuscripts, audiovisual materials, and physical objects that are not archives, movable cultural relics shall be protected and managed as required by the departments determined by the municipal and district joint conference on theinheritance, promotion. protection and utilization of red resources.
Article 35 The owner or manager or user of red resources shall be the persons responsible for the protection of red resources.
The person responsible for the protection of red resources shall carry out daily maintenance and protection of the red resources, adopt measures such as fire and theft prevention, and prevention of natural damage to eliminate potential safety hazards in time.
The fire rescue, public security, housing management and other departments shall guide the persons responsible for the protection of red resources in the daily maintenance and protection activities, and strengthen supervision and inspection; the fire rescue, public security and other departments shall determine the eligible units as key fire safety and public security units in accordance with theprovisions.
This Municipality shall provide incentives and support to those responsible for the protection of red resources to carry out the protection and utilization of red resources.
Article 36 When an emergency causes or may cause major losses to red resources, the person responsible for protection shall immediately take protective measures and report to the relevant competent authority or the local district people’s government; the relevant competent authority or the local district people’s government shall give guidance and support.
Article 37 No unit or individual shall be allowed to relocate or dismantle old red sites, memorial facilities or sites without authorization, or rebuild on the original site of the red ruins without authorization.
Repairs, renovation and expansion of old red sites, memorial facilities or places shall be reported to the relevant departments for planning resources, cultural and tourism, housing and urban-rural construction, and housing management for approval in accordance with the law; when necessary, the approval department shall consult the joint conference on the inheritance, promotion, protection and utilization of red resources at the same level.
Article 38 District, town/township people's governments and sub-district offices shall strengthen the orderly management of old red sites, relics, memorial facilities or places within their jurisdiction, and conduct comprehensive environmental management of surrounding roads and block landscapes.
Article 39 Encourage collections and research units such as archives, museums, memorials, party history museums, art galleries, libraries, etc. to collect and purchase important archives, documents, manuscripts, audiovisual materials, and physical objects in the red resources. The collection and purchase shall follow the principles of fairness and voluntariness.
Encourage units and individuals to donate or lend the collected red resources to collection and research units for exhibition and research. Collection and research units shall respect the wishes of the donor or lender, and properly collect, keep and display the donated or lent items.
Chapter V Regional Cooperation in the Yangtze River Delta
Article 40 This Municipalityshall promote the coordinated development of the inheritance, promotion, protection and utilization of red resources in the Yangtze River Delta, carry out theoretical research on red resources, inter-library exchanges, literary creation, and red tourism, strengthen the sharing of red resources, and liftthe overall level of development of red tradition and inheritance of red genes in the Yangtze River Delta.
Article 41 This Municipalityshall push the publicity, united front, archives and other departments in the Yangtze River Delta region, as well as party history research, social science research, party schools, colleges and universities, and related management units of red resources to carry out theoretical research on red resources in various historical periods to create academic exchange platform, share theoretical position resources, co-organize academic seminars, jointly conduct historical data collection and sorting and special subject research, jointly form theoretical results, and enhance the influence of the Yangtze River Delta region in related academic research fields across the country.
Article 42 This Municipalityshall push various archives, museums, memorials, art galleries, libraries and other red resource collection units in the Yangtze River Delta to form cooperative alliances, carry out tour and joint exhibitions, and strengthen the collaborative development of inter-library resources.
Article 43 This Municipality shall push the Yangtze River Delta region's publicity, cultural tourism, film, education and other departments, cultural performance groups, performance venue business units and other related units to strengthen cooperation in the fields of topic selection, cultivation, research and development, and dissemination of red-themed art works to jointly launch masterpieces in the fields of literature, film and television, stage, fine arts, music, mass literature and online literature.
Article 44 This Municipality shall, relying on platforms such as the Yangtze River Delta Tourism Promotion Alliance, push red tourism cooperation in the Yangtze River Delta region, enrich tourism products and routes, and create a red travel circle in Yangtze River Delta region that combines points with lines, and points with surfaces.
Article 45 Encourage units and institutions to use red resources in the Yangtze River Delta to carry out party history learning education, patriotism education, ideals and belief education, and conduct on-site teaching, red search and visit, social practice and other activities.
Chapter VI Safeguard Measures
Article 46 The municipal and district people's governments shall include the funds for the inheritance, promotion, protection and utilization of red resources in the fiscal budget of the corresponding level, and establish a funding guarantee mechanism that is compatible with economic and social development.
Article 47 The municipal and district people's governments, their relevant departments, and relevant red resources management units shall, in accordance with the actual needs of the inheritance, promotion, protection and utilization of red resources, strengthen professional training and team building, and improve professionalism and service capabilities.
Professionals from various red resource related management units enjoy equal treatment in terms of professional title evaluation, study and training, commendation and rewards organized by related departments.
Article 48 Encourage and support citizens, legal persons, and other organizations to participate in the inheritance, promotion, protection and utilization of red resources through donations, funding, and voluntary services.
Article 49 Encourage the use of red resources to develop cultural and creative products, and use the income obtained to strengthen the inheritance, promotion, protection and utilization of red resources, collection of collections, and continued investment in development, etc.
Encourage the use of market mechanisms, explore diversified cooperation modes such as copyright cooperation, and guide various market entities to use red resources to develop cultural and creative products.
Article 50 This Municipality shall regard the inheritance, promotion, protection and utilization of red resources as the content of spiritual civilization creation activities and incorporate it into the assessment and evaluation system for spiritual civilization creation.
Article 51 The standing committees of the municipal and district people's congresses shall strengthen the supervision of the implementation of these Regulations by listening and reviewing special work reports and conducting law enforcement inspections.
The standing committees of the municipal and district people’s congresses shall give full play to the role of deputies to the people’s congresses at all levels, organize deputies to carry out special investigations and inspections on the inheritance, promotion, protection and utilization of red resources, collect and reflect the opinions and suggestions of the people, and urge relevant parties to implement various tasks of the inheritance, promotion, protection and utilization of red resources,
Article 52 The procuratorial organs shall carry out public-welfare litigation work in areas related to the protection and utilization of red resources, such as the protection of heroes and martyrs, and the protection of historical features and outstanding historical buildings.
Chapter VII Legal Responsibilities
Article 53 Where laws and rules have otherwise provisions on dealing with the violations of these Regulations, such provisions shall apply.
Article 54 If anyone in violation of these Regulations, sets up, moves, smears, or damages the memorial or protection signs of red resources without authorization, the cultural and tourism department shall order corrections, and impose a fine of not less than 200 yuan but not more than 2,000 yuan on an individual, and not less than 500 yuan but not more than 5,000 yuan on a unit.
Article 55 Anyone who violates the provisions of these Regulations by destroying, damaging, embezzling or distorting, demonizing, desecrating, or denying red resources shall be ordered by the relevant competent department to make corrections; if a violation of public security management is constituted, the public security organ shall impose penalties according to law; if a crime is constituted, the wrongdoer shall be investigated for criminal liability in accordance with the law.
Article 56 In addition to the corresponding legal responsibilities according to law for violation of the provisions of these Regulations, the relevant departments shall also collect the information of relevant units and individuals to the public credit information platform of this Municipality in accordance with the provisions and take disciplinary measures in accordance with the law.
Article 57Where people’s governments at all levels and their relevant departments violate the provisions of these Regulations and fail to perform their statutory responsibilities for the protection and management of red resources, the relevant competent department shall order corrections; if they refuse to correct or cause serious consequences, the chief person directly responsible and other persons directly responsible shall be held accountable in accordance with the law.
Chapter VIII Supplementary Provision
Article 58 These Regulations shall be effective as of July 1, 2021.