Measures for the Protection of Intangible Cultural Heritage in Xining, Qinghai(3)
Article 41 The protection funds of intangible cultural heritage are used in the following matters:
(1) the salvage, excavation, collection, acquisition, collation, compilation, research, publication and preservation of the precious materials of the intangible cultural heritage and the related objects;
(2) the living inheritance, display and dissemination of the intangible cultural heritage;
(3) the investigation and identification of the intangible cultural heritage and the name recognition of the representative inheritors;
(4) the allowance, subsidy, training and successor cultivation of the representative inheritors of the intangible cultural heritage representative projects;
(5) the rescue protection of the endangered intangible cultural heritage;
(6) the establishment of the database of the intangible cultural heritage;
(7) researches on the representative projects of the intangible cultural heritage;
(8) the publicity of intangible cultural heritage and the training of the management personnel of the intangible cultural heritage protection organizations;
(9) other matters for the protection of the intangible cultural heritage.
Article 42 The cultural administrative departments in the cities and counties (districts) should regularly organize representative inheritors to enter universities, vocational and technical schools or research institutions for researching, learning and training.
Article 43 The cultural administrative departments in the cities and counties (districts) should encourage and support representative inheritors and protection units to apply for patents, register trademarks, declare geographical indications, and register copyright jointly with the relevant departments.
Article 44 The people’s governments in the cities and counties (districts) should support and help citizens, legal persons and other organizations that are developing and utilizing intangible cultural heritage projects rationally on providing places, promoting propaganda and product sales and soon.
Citizens, legal persons and other organizations that make reasonable use of representative projects should enjoy preferential tax policies prescribed by the state according to law.
Article 45 The precious documents, objects, seminars, exhibition halls bearing the intangible cultural heritage, legally owned by the citizens, legal persons and other organizations should be protected by law.
Article 46 The educational administrative departments should incorporate intangible cultural heritage knowledge with local characteristics into local teaching materials, and incorporate into the contents of quality education to improve the awareness of adolescents’ protection and inheritance of intangible cultural heritage.
The administrative department of science and technology shall support citizens, legal persons and other organizations to carry out researches on the protection and preservation methods of intangible cultural heritage, and support projects that meet the requirements of scientific researches.
The competent administrative departments of culture and health care should be concerned about the health of the representative inheritors and establish health records for them.
To encourage universities, occupation technical schools or research institutions to cultivate specialized talents through the creation of related majors, inheritance classes and jointly running schools, classes with relevant untis.
Chapter 5 The Legal Responsibility
Article 47 If the laws and regulations have already been prescribed the punishment of the behaviors that are in violation of the present Measures, the provisions in the laws and regulations shall be followed.
Article 48 In violation of the 32nd provision of the present Measures, the cultural administrative departments shall make corrections within a specified time. If it fails to make corrections within the prescribed time, it shall be warned, and the units shall be fined more than 2,000 yuan or less than 10,000 yuan, and the individual shall be fined 1,000 yuan.
Article 49 If the citizens, legal persons and other organizations deceit in the declaration of the representative projects or inheritors, the cultural administrative departments shall ask to correct and give warnings; if the circumstances are serious, the cultural administrative departments shall cancel their qualification; if they have been identified as the representative projects or inheritors, the departments shall cancel them, and order them to return the projection funds for the projects or the subsidized funds for inheritors.
Article 50 If the cultural administrative departments and other relevant departments, protection institutions and their personnel are inany of the following circumstances in the protection and preservation work of the intangible cultural heritage, the directly responsible personnel and other directly responsible personnel shall be punished; if their behaviors constitute a crime, they shall be investigated for criminal responsibility according tolaw:
(1) to infringe on the customs and habits of the investigation people in the investigation of the intangible cultural heritage, and cause serious consequences;
(2) to identify representative projects, their protection units and inheritors in violation of legal conditions and procedures;
(3) to intercept, misappropriate and squeeze out the funds for the protection and preservation work of the intangible cultural heritage;
(4) not to take effective protection measures, resulting in the loss of the endangered intangible cultural heritage;
(5) not to perform the duties of protection and management in accordance with the provisions of the present Measures, causing serious consequences;
(6) other acts of dereliction, abuse of power and irregularities for favoritism.
Chapter 6 Supplementary Articles
Article 51 The present Measures shall be implemented from April 1st, 2018.