Law of the People's Republic of China on Intangible Cultural Heritage

Law of the People's Republic of China on Intangible Cultural Heritage


Intangible Cultural Heritage Law of the People's Republic of China

Order of the President of the People's Republic of China No. 42

February 25, 2011

The Intangible Cultural Heritage Law of the People's Republic of China on Intangible Cultural Heritage, which was adopted at the 19th Session of the Standing Committee of the 11th National People's Congress on February 25, 2011, is hereby promulgated and shall come into effect as of June 1, 2011.

President of the People's Republic of China: Hu Jintao

Intangible Cultural Heritage Law of the People's Republic of China

Adopted at the 19th Session of the Standing Committee of the 11th National People's Congress on February 25, 2011

Table of Content
Chapter 1: General Provisions
Chapter 2: Investigations of Intangible Cultural Heritage
Chapter 3: Catalogue of the Representative Items of Intangible Cultural Heritage
Chapter 4: Inheritance and Spread of Intangible Cultural Heritage
Chapter 5: Legal Liabilities
Chapter 6: Supplementary Provisions

Chapter 1 General Provisions

Article 1 This Law is formulated for the purposes of inheriting and promoting the distinguished traditional culture of the Chinese nation, promoting the building of the socialist spiritual civilization and strengthening the protection and preservation of intangible cultural heritage.

Article 2 For the purposes of this Law, intangible cultural heritage shall mean various traditional cultural manifestations which are handed down by the people of all ethnicities from generation to generation and regarded as a constituent part of their cultural heritage, and physical objects and premises related to the traditional cultural manifestations, including:
1. Traditional oral literature and the language as a carrier thereof;
2. Traditional fine arts, calligraphy, music, dance, drama, folk art and acrobatics;
3. Traditional artistry, medicine and calendar;
4. Traditional rituals, festivals and other folk customs;
5. Traditional sports and entertainment; and
6. Other intangible cultural heritage.
The relevant provisions of the Law of the People's Republic of China on the Protection of
Cultural Relics shall apply to the physical objects and premises that are a constituent part of the intangible cultural heritage and falling under the category of cultural relics.

Article 3 The State shall preserve the intangible cultural heritage by adopting measures such as affirmation, recording and filing and protect the intangible cultural heritage that reflects the distinguished traditional culture of the Chinese nation and has historical, literary, artistic or scientific value by adopting measures such as the inheritance and promotion of such heritage.

Article 4 When protecting intangible cultural heritage, focus shall be laid on its authenticity, integrity and inheritance and such protection shall be conducive to strengthening the recognition of the culture of the Chinese nation, maintaining the unification of the country and the unity of the nation and promoting social harmony and sustainable development.

Article 5 The form and content of the intangible cultural heritage shall be respected when using the intangible cultural heritage.
The use of intangible cultural heritage in a distorted or derogatory way is prohibited.

Article 6 The people's governments above the county level shall include the protection and preservation of intangible cultural heritage in the national economic and social development plans at their same levels and include the protection and preservation funding into the financial budgets at their same levels.
The State supports the work concerning the protection and preservation of intangible cultural heritage in ethnic regions, remote regions and poor regions.

Article 7 The department in charge of culture under the State Council shall be responsible for the work concerning the protection and preservation of intangible cultural heritage throughout the country. The departments in charge of culture of the local people's governments above the country level are responsible for the work concerning the protection and preservation of intangible cultural heritage within their own administrative regions.
The other relevant departments of the people's governments above the county level are responsible for the work concerning the protection and preservation of intangible cultural heritage within the scope of their respective duties.

Article 8 The people's governments above the county level shall strengthen the publicity of the work concerning the protection of intangible cultural heritage and raise the awareness of the whole society in protecting intangible cultural heritage.

Article 9 The State shall encourage and support its citizens, legal persons and other organizations to participate in the work concerning the protection of intangible cultural heritage.
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