Opinionsof the General Office of the State Council on Strengthening the Protection ofIntangible Cultural Heritage of Our Country

Guo Ban Fa [2005] No. 18

March 26, 2005

China, as a time-honored ancient civilization, is endowed with not only anabundance of tangible cultural heritage but also a great variety of intangiblecultural heritage. The Communist Party of China and the State have constantlybeen attaching great importance to the protection of cultural heritage andcarrying forward the fine traditional culture, have made great efforts and alsoobtained outstanding achievements in this regard. However, with theacceleration of globalization, dramatic changes of economy and society, theexistence, protection and development of intangible cultural heritage of ourcountry has run up with many new circumstances and problems and is confrontedwith increasingly greater challenges. With a view to carrying out the spirit ofthe 16th CPC Party Congress on "supporting the protection of importantcultural heritage and fine folk arts" and fulfilling China's obligationsfor its access into the Convention for the Safeguarding of the IntangibleCultural Heritage of UNESCO, and upon the approval of the State Council, thefollowing opinions on further strengthening the protection of intangiblecultural heritage of our country are hereby put forward as follows:

Article 1 Being fully aware of the significance and urgency of the protectionof intangible cultural heritage of our country
The intangible cultural heritage, inherited by each ethnic group fromgeneration to generation, refers to various traditional cultural manifestationsand cultural spaces closely related with the lives of the populace. Theintangible cultural heritage is not only the evidence of historical developmentbut also precious and highly-valued cultural resources. The rich anddiversified cultural heritage created by all ethnic groups during theirhistorical course of production and life are a crystallization of the wisdomand civilization of the Chinese nation, the emotional tie among the Chinesepeople, and a solid foundation for national unity. Good protection andutilization of the intangible cultural heritage of our country is of greatimportance to the implementation of the scientific approach to development, andthe realization of the all-round, coordinative and sustainable development ofeconomy and society.
The intangible cultural heritage bears the civilization of the human togetherwith the tangible cultural heritage, and embodies the diversity of cultures ofthe world. The intangible cultural heritage of our country contains thespiritual values, thought patterns, imagination and cultural awareness typicalof the Chinese people, and stands as a fundamental basis for the maintenance ofcultural identity and sovereignty of our country. The strengthening ofprotection of intangible cultural heritage is necessary not only for thedevelopment of the State and nation, but also for the promotion ofinternational dialogue among civilizations and the sustainability of allhumanity.
Along with the acceleration of globalization and modernization, a dramaticchange occurs to the cultural ecology of our country, and the intangiblecultural heritage is confronted with a more or more rigorous strike. Many ofintangible cultural heritage, orally or behaviorally transmitted, is in dangerof disappearing, and many traditional techniques are close to extinction, agreat deal of precious objects and materials with historical and cultural valueare destroyed and abandoned, or brought to abroad or randomly abused, and theexcessive development of intangible cultural heritage often occurs. Thestrengthening of protection of intangible cultural heritage of our countrybrooks no delay.

Article 2 Goals and Guidelines for the Protection of Intangible CulturalHeritage
Work goals: Our goal in this respect is to rally the efforts from all walks oflife and gradually establish a full-fledged system with Chinese characteristicson the protection of intangible cultural heritage so that the precious andendangered intangible cultural heritage of great historical, cultural andscientific values can be effectively protected, promoted and carried forward.
Work guidelines: Our guiding principles are summarized as "takingprotection as priority, rescue as primacy, rational utilization, andinheritance for development". The relationship between protection andutilization shall be correctly treated, the authenticity and integrity of theprotection of intangible cultural heritage shall also be adhered to. Rationalutilization can be conducted on the premise of effective protection, andmisunderstanding, distortion or misuse of intangible cultural heritage shall beprevented. Basing on the scientific identification, effective measures shall beadopted to make intangible cultural heritage be acknowledged, respected andpromoted by the whole society.
Working principles: Government leadership, social participation, clarificationof duty & responsibility, combination of forces, as well as long-termplanning, implementation by steps, integrating priorities with entirety, andemphasis on effect and efficiency.

Article 3 Establishing an inventory system and gradually formulating a systemwith Chinese characteristics for the protection of intangible cultural heritageA general investigation work on intangible cultural heritage shall be seriouslycarried out. The general investigation and survey, a cornerstone to theprotection of intangible cultural heritage, shall be uniformly deployed andorderly conducted. On the basis of making full use of the current workachievements and research results, the work schemes on general investigationwork shall be formulated at various levels and of various kinds, and theinvestigation of the status quo of intangible cultural heritage shall beorganized and conducted. It should also help completing the general picture ofintangible cultural heritage among various locations and ethnic groups inChina, such as its variety, quantity, distribution, status quo, preservationand existing problems. Various means, such as written materials, recording,videotape and digital multimedia, etc. should be utilized to keep an authentic,systematic and comprehensive record of intangible cultural heritage andestablish related archives and databases.
An inventory system of intangible cultural heritage masterpieces shall beestablished. Through the formulation of appraisal criteria and scientificassessments, an inventory system of intangible heritage masterpieces onnational, provincial, municipal and county levels shall be established. Whilenational masterpieces of intangible cultural heritage will be approved andproclaimed by the State Council, masterpieces of intangible cultural heritageof the provincial, municipal and county levels will be approved and proclaimedby governments of corresponding levels and later reported to governments oftheir respective next higher levels for archival filing.
The research, identification, preservation and dissemination of intangiblecultural heritage shall be strengthened. To this end, it is recommended thatcultural departments and agencies, scientific research institutes, colleges,universities and experts be organized to conduct studies on major theoreticaland practical issues and the application of scientific research and moderntechnologies be emphasized. Strengths should be organized to scientificallyappraise and identify the intangible cultural heritage. Relevant departmentsempowered by governments at various levels may collect materials and artifactsrelated to intangible cultural heritage and keep them properly. Effectivemeasures should also be taken to prevent materials and artifacts related tointangible cultural heritage from losing to overseas. The substantial vehiclesof intangible cultural heritage should also be protected. Those that have beenidentified as cultural heritage should be handled pursuant to the Law of thePeople's Republic of China on the Protection of Cultural Relics. The importanceof public cultural institutions at various levels, such as libraries, culturalcenters, museums and science and technology museums, should be brought intofull play, and those regions where conditions permit may establish museums of aspecial subject or exhibition centers.
The scientific and effective transmission mechanism for intangible culturalheritage shall be established. For those intangible cultural heritagemasterpieces inscribed on the inventories of various levels, such impetus asnomination, title-conferring, awards and subsidies shall be used to encouragemasterpiece successors (groups) to transmit the heritage, and social educationand school education should become the conduits for the cultivation ofsuccessors of intangible cultural heritage masterpieces. And great attentionshould be given to the protection of intellectual property rights derived fromintangible cultural heritage. Villages or specific regions where traditionalcultural ecology is completely protected and has special values should bestudied and explored so as to conduct a dynamic and integrated protection.Creation of countryside with folk traditional culture should be carried out incommunities and villages where the traditional culture is distinctivelycharacterized and the mass foundation is extensive.

Article 4 Strengthening leadership, fulfilling responsibilities, andestablishing a coordinative and effective work mechanism
The leading role of the government shall be exerted and a coordinative andeffective guiding mechanism for protection shall be established. The Ministryof Culture, as the leader, will collaborate with other departments to formulatean inter-ministerial joint conference on the protection of China's intangiblecultural heritage, which will coordinate the protection of intangible culturalheritage in a unified way. The culture administrative department shouldactively collaborate with other relevant departments so as to make a concertedeffort. At the same time, academic research institutes, colleges, universities,enterprises, public institutions and social groups, etc. should be vastlyincorporated into the protection of intangible cultural heritage. And thefunction of experts should be brought into full play, and an expert advisoryinstitution as well as a system of examination and supervision should also beestablished.
The governments at various levels shall enhance their leadership andincorporate the protection of intangible cultural heritage into theirrespective major working agenda, into the overall strategy of economic growth andsocial development and into its framework of cultural development. Thelegislative infrastructure on the protection of intangible cultural heritageshould be timely constructed, and relevant policies and measures should betimely studied and formulated. The planning on the protection of intangiblecultural heritage should also be formulated and the scope of protection,protection measures and targets should also be clarified. The project ofprotecting China's ethnic and folk culture, as an important component of theoverall protection of intangible cultural heritage, should be accumulativelyand gradually carried on according to the overall planning, step by step andwith priority, so as to gather experiences for the establishment of a systemwith Chinese characteristics for the protection of intangible culturalheritage.
Governments at various levels should increase their financial input in theprotection of intangible cultural heritage and actively guide and encourageindividuals, enterprises and social organizations to invest in and support theprotection of intangible cultural heritage. The capacity building for the teamof protectors should be enhanced, including upgrading the capabilities andcompetence of the personnel currently engaged in this work through plannedtraining, and cultivation of specialized professionals by fully utilizingresearch institutes and higher learning establishments which have advantageousedges in talents and scientific research.
The important role of intangible cultural heritage in the traditional culturaleducation and patriotic education for the younger generation should be broughtinto full play. Public cultural institutions at various levels, such aslibraries, cultural centers, museums and science and technology museums, shouldactively engage themselves in the dissemination and exhibition of intangiblecultural heritage. Educational departments and schools at various levels and ofvarious kinds should incorporate into their curriculum the fine intangiblecultural heritage representing strong national spirits and with folk features.At the same time, the mass media, such as the press, the publishing community,radio, TV and internet, should be encouraged and supported to publicizeknowledge about intangible cultural heritage and its protection, popularizeknowledge and cultivate awareness in this regard, form a common understandingamong the whole society, and help bring about a favorable environment for theprotection of intangible cultural heritage.

Attachments

I. Interim Measures for Declaration and Appraisal of National Masterpieces ofIntangible Cultural Heritage

II. System of Inter-ministerial Joint Conference on the Protection ofIntangible Cultural Heritage

III. List of Members of Inter-ministerial Joint Conference on the Protection ofIntangible Cultural Heritage

Attachment I: Interim Measures for Declaration and Appraisal of NationalMasterpieces of Intangible Cultural Heritage

Article 1 In order to strengthen the protection of intangible cultural heritageand regulate the declaration for and appraisal of national masterpieces ofintangible cultural heritage, these Measures are formulated pursuant to Article22 of the Constitution of the People's Republic of China, which provides that"the State protects sites of scenic and historical interest, valuablecultural monuments and relics and other significant items of historical andcultural heritage", and other relevant laws and regulations.

Article 2 The "intangible cultural heritage" refers to the varioustraditional cultural manifestations (e.g., folk activities, performing arts,traditional knowledge and skills, and instruments, articles and artifactsassociated therewith) and cultural spaces which are transmitted by each ethnicgroup from generation to generation and closely related to the life of thepopulace.

Article 3 The intangible cultural heritage can be classified as two categories:(1) traditional cultural manifestations, such as folk activities, performingarts, traditional knowledge and skills, etc.; (2) cultural spaces, which referto those spaces where traditional cultural activities are regularly held ortraditional cultural manifestations are uniformly exhibited, featuring bothspace and time therein.
The scope of intangible cultural heritage is:
1.oral traditions, including language as a vehicle of culture;
2.traditional performing arts;
3.folk activities, rituals and festive events;
4.folk traditional knowledge and practices concerning nature and universe;
5.traditional craftsmanship;
6.cultural spaces related to the aforesaid manifestations.

Article 4 The purposes of establishing an inventory of national masterpieces ofintangible cultural heritage are to:
1.promote the rescue, protection and inheritance of intangible culturalheritage of our country;
2.strengthen the cultural consciousness and cultural identity of the Chinesenation, and raise the awareness on the integrity and historical continuity ofthe Chinese culture;
3.respect and conspicuously show the contributions of the relevant communities,groups and individuals to the Chinese culture, and show the abundance of theChinese human cultural traditions;
4.encourage citizens, enterprises, public institutions, cultural, educationaland scientific and research institutions and other private organizations toactively participate in the protection of intangible cultural heritage; and
5.fulfill the Convention For the Safeguarding of the Intangible CulturalHeritage, raise the awareness of the international society on China'sintangible cultural heritage, promote international cultural intercommunicationand cooperation, and make due contributions of the Chinese nation to thediversity and sustainable development of human culture.

Article 5 The office of the Inter-ministerial Joint Conference on theProtection of Intangible Cultural Heritage (hereinafter referred to asInter-ministerial Joint Conference) shall be responsible for the specificimplementation of the declaration for and appraisal of national masterpieces ofintangible cultural heritage. The office of the Inter-ministerial JointConference shall act in mutual cooperation and coordination with all relevantdepartments, entities and social organizations.

Article 6 The declared projects of national masterpieces of intangible culturalheritage shall be folk and traditional cultural manifestations or culturalspaces with outstanding values, or have typical meaning in intangible culturalheritage, or have significant values in the aspect of history, art, ethnology,folklore, sociology, anthropology, linguistics or literature, etc.
Specific appraisal standards are as follows:
1.having outstanding values that can show the cultural creativity of theChinese nation;
2.being rooted in the cultural traditions of the relevant community, being transmittedfrom generation to generation, and having distinct local characteristics;
3.having effects of promoting the cultural cognizance of the Chinese nation andreinforcing social cohesion, national unity and social stability, and being aimportant link of cultural intercommunication;
4.perfect adoption of traditional techniques and skills, and embodying superblevel;
5.having unique values as a witness of live cultural traditions of the Chinesenation; and
6.being significant to maintaining the cultural heritage of the Chinese nationand confronted with the danger of disappearing due to social transformation orlack of protective measures.

Article 7 For a declared project, a practical and feasible ten-year protectiveplan shall be put forward, corresponding specific measures shall be adopted bycommitment, and effective protection shall be conducted. These measures mainlyinclude:
1.archival filing: the complete files for declaring the project through suchmeans as collection, audio recording, classification and cataloguing should beestablished;
2.storage: various means, such as written materials, audio recording, videotapeand digital multimedia, should be utilized to keep an authentic, systematic andcomprehensive record of protection targets, and the relevant objects andmaterials should be energetically collected, and the relevant institutionshould be selected to properly protect and rationally utilize them;
3.inheritance: social education and school education should be the conduits forthe cultivation of successors of intangible cultural heritage, which can beinherited and promoted continuously as live cultural traditions in the relevantcommunities, particularly among youngsters;
4.transmission: dissemination by various means, such as festival activities,exhibitions, views and emulation, training, professional discussions, and viamass media and internet should be conducted to deepen the understanding andcognition of the masses to the said heritage and to promote the social sharing;and
5.protection: effective, practical and specific measures should be adopted toensure the said intangible cultural heritage and intellectual fruits bepreserved, inherited and developed, to protect the rights and interestsattached to the said cultural manifestation and cultural space inherited by theinheritor (inheriting group) from generation to generation, in particular toprevent the misunderstanding, distortion or misuse of intangible culturalheritage.

Article 8 Any citizen, enterprise, pubic institution or social organization mayfile an application for a project of intangible cultural heritage masterpiecesto the culture administrative department in the administrative region athis/its locality, and the culture administrative department which accepts the applicationshall report it to its leadership level by level. In case the declarant is notthe inheritor (inheriting group) of the declared project, he/it shall beempowered by the inheritor (inheriting group) thereof.

Article 9 The provincial culture administrative department shall collect andselect the declared projects of intangible cultural heritage masterpieces ofits own jurisdiction, and upon verification of the people's government at thecorresponding level, declare them to the office of the Inter-ministerial JointConference. An entity directly under the Central Government may directly submita declaration to the office of the Inter-ministerial Joint Conference.

Article 10 An applicant shall submit the following materials:
1.An application report: the name of the declared project, the applicant, aimsand meaning of the declaration shall be briefly explained therein;
2.A declaration report for the project: the history, status quo, value and thesevere danger of the declared project shall be explained therein;
3.Protective plans: protective targets, measures, steps and managementmechanism for the future ten years shall be explained therein; and
4.Other necessary materials that are good for the explanation of the declaredproject.

Article 11 Similar projects inherited by different areas and shared bydifferent communities and groups may be jointly declared; and each party to thejoint declaration shall submit an agreement of the consent to the jointdeclaration.

Article 12 The office of the Inter-ministerial Joint Conference shall, pursuantto Article 10 of these Measures, conduct examination of declaration materialsand submit those qualified declaration materials to the appraisal committee.

Article 13 The appraisal committee consists of relevant principals of the stateculture administrative department and experts of relevant fields, andundertakes the appraisal and professional consultation concerning nationalmasterpieces of intangible cultural heritage. Each term of the appraisalcommittee shall be four years. The appraisal committee shall be provided withone director and some deputy directors, and the director shall be assumed bythe relevant principal of the state culture administrative department.

Article 14 The principles of scientificness, democracy and equity shall beadhered to in the appraisal work.

Article 15 The appraisal committee shall conduct appraisals pursuant toArticles 6 and 7 of these Measures, bring about the recommendation projects ofnational masterpieces of intangible cultural heritage, and submit them to theoffice of the Inter-ministerial Joint Conference.

Article 16 The office of the Inter-ministerial Joint Conference shall makerecommendation projects of national masterpieces of intangible culturalheritage known to the public via media, and the publicity period shall be 30days.

Article 17 The office of the Inter-ministerial Joint Conference shall,according to the appraisal opinions of the appraisal committee and publicityresults, draw out a list of national masterpieces of intangible culturalheritage inscribed on the inventory, and submit it to the State Council forapproval and proclamation after it passes the examination and approval of theInter-ministerial Joint Conference.

Article 18 The State Council shall proclaim the inventory of nationalmasterpieces of intangible cultural heritage once every two years.

Article 19 The governments at various levels shall give corresponding supportto those projects inscribed on the inventory of national masterpieces of intangiblecultural heritage. At the same time, the declarant shall fulfill all thepromises in his protective plans and submit annual report on the implementationto the office of the Inter-ministerial Joint Conference.

Article 20 The office of the Inter-ministerial Joint Conference will organizeexperts to evaluate, examine and supervise those projects inscribed on theinventory of national masterpieces of intangible cultural heritage, and ifanyone who fails to fulfill its/his commitment of protection or any otherproblem arises, the Inter-ministerial Joint Conference shall give it/him awarning, serious warning and even up to the removal of its/his name from theinventory according to the severity of the case involved.

Article 21 The power to interpret these Interim Measures shall remain with theoffice of the Inter-ministerial Joint Conference.

Article 22 These Interim Measures shall come into force as of the date ofpromulgation.

Attachment II: System of Inter-ministerial Joint Conference on the Protectionof Intangible Cultural Heritage

(Ministry of Culture, National Development and Reform Commission, Ministry ofEducation, State Ethnic Groups Affairs Commission, Ministry of Finance,Ministry of Construction, National Tourism Administration, Religious AffairsBureau and State Administration of Cultural Heritage)

With a view to carrying out the spirit of the 16th CPC Party Congress on"supporting the protection of important cultural heritage and fine folkarts" and strengthening the protection of intangible cultural heritage ofour country, the Inter-ministerial Joint Conference on the Protection ofIntangible Cultural Heritage is established for the uniform coordination andsettlement of important issues concerning the protection of intangible culturalheritage.

I. Functions of the Inter-ministerial Joint Conference
1. drafting guidelines and polices concerning the protection of intangiblecultural heritage of our country, and examining and deciding the planning onthe protection of intangible cultural heritage of our country;
2. coordinating and handling important matters related to the protection ofintangible cultural heritage of our country;
3. examining and approving the State Inventory of National Masterpieces ofIntangible Cultural Heritage, and submitting it to the State Council forapproval and proclamation; and
4. undertaking other work related to the protection of intangible culturalheritage as assigned by the State Council, and asking the State Council forsolutions or reporting to it in the case of important problems.

II. Member Entities of the Inter-ministerial Joint Conference
The Inter-ministerial Joint Conference consists of the Ministry of Culture,National Development and Reform Commission, Ministry of Education, State EthnicGroups Affairs Commission, Ministry of Finance, Ministry of Construction,National Tourism Administration, Religious Affairs Bureau and StateAdministration of Cultural Heritage.
The Ministry of Culture shall be the leading entity of the Inter-ministerialJoint Conference, the director-general of the Ministry of Culture shall assumethe convener of the Inter-ministerial Joint Conference, and the deputydirector-general of the Ministry of Culture shall act as a member andconcurrently as the secretary-general of the Inter-ministerial JointConference. The principals of all member entities shall also be members of theInter-ministerial Joint Conference.
The relevant departments shall carry out the work pursuant to the functions asempowered by the relevant laws and regulations as well as the State Council.The office of the Inter-ministerial Joint Conference shall be located in theMinistry of Culture, and be responsible for the routine work.

III. Work Rules and Requirements of the Inter-ministerial Joint Conference
1. The Inter-ministerial Joint Conference shall hold regular meetings. Atemporary meeting may be summoned pursuant to the requirements or theinstructions of state leaders. Topics of the meeting mainly include: conveyingand carrying out the instructions and spirits of the CPC and the State Councilon the protection of intangible cultural heritage; studying and coordinatingimportant issues concerning the protection of intangible cultural heritage,producing policies, measures and suggestions; deliberating the Inventory ofNational Masterpieces of Intangible Cultural Heritage as submitted by theoffice of the Inter-ministerial Joint Conference and submitting it to the StateCouncil.
2. The conference summary on the opinions discussed and reached by the Inter-ministerialJoint Conference shall be formed, printed and distributed to all memberentities of the Inter-ministerial Joint Conference. The matters decided at theconference shall be divided among and implemented by each member entitypursuant to the functions thereof.
3. Each member entity shall vigorously take part in the Inter-ministerial JointConference, coordinate and support with each other, make a joint effort, andbring the functions of the Inter-ministerial Joint Conference into full play.

Attachment III : List of Members of Inter-ministerial Joint Conference onProtection of Intangible Cultural Heritage

Convener: Sun Jiazheng (minister of the Ministry of Culture)
Members:
Zhou Heping (deputy minister of the Ministry of Culture)
Li Shenglin (deputy director-general of the National Development and ReformCommission)
Zhang Xinsheng (deputy minister of the Ministry of Education)
Zhou Mingfu (deputy director-general of the State Ethnic Groups AffairsCommission)
Zhang Shaochun (minister assistant of the Ministry of Finance)
Qiu Baoxing (deputy minister of the Ministry of Construction)
Gu Zhaoxi (deputy director-general of the National Tourism Administration)
Qi Xiaofei (deputy director-general of the Religious Affairs Bureau)
Tong Mingkang (deputy director-general of the State Administration of CulturalHeritage)
Secretary general: Zhou Heping (concurrently)

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Opinions of the General Office of the State Council on Strengthening theProtection of Intangible Cultural Heritage of Our Country
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