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传统工艺美术保护条例 REGULATIONS FOR THE PROTECTION OF THE TRADITIONAL ARTS AND HANDICRAFTS

2006-05-15 19:32   我要纠错 | 打印 | 收藏 | | |

国务院令第217号
(Promulgated by Decree No. 217 of the State Council of the People's Republic of China on May 20, 1997)
颁布日期:19970520  实施日期:19970520  颁布单位:国务院

  Article 1 These Regulations are formulated with a view to protecting the traditional arts and handicrafts and promoting the prosperity and development of the cause of the traditional arts and handicrafts.

  Article 2 The traditional arts and handicrafts referred to in these Regulations mean varieties and techniques of handicrafts having a long history of over one hundred years with superb craftsmanship handed down from generations with complete technical processes, made with natural raw materials with distinct national styles and local characteristics and enjoying a good reputation at home and abroad.

  Article 3 The State implements the policy of protection, development and improvement in respect of the varieties and techniques of the traditional arts and handicrafts.

  The local People's Governments at all levels should step up leadership in the protection of the traditional arts and handicrafts and adopt effective measures to support and promote the prosperity and development of the cause of the traditional arts and handicrafts of the respective localities.

  Article 4 The department in charge of the protection of the traditional arts and handicrafts under the State Council shall be responsible for the protection of the traditional arts and handicrafts throughout the country.

  Article 5 The State practises the system of affirmation in respect of the varieties and techniques of the traditional arts and handicrafts. The varieties and techniques of the traditional arts and handicrafts in line with the conditions stipulated in Article 2 of these Regulations shall be affirmed as the varieties and techniques of the traditional arts and handicrafts pursuant to the provisions of these Regulations.

  Article 6 The varieties and techniques of the traditional arts and handicrafts shall be evaluated and examined by the evaluation and examination board composed of specialists employed by the department in charge of the protection of the traditional arts and handicrafts under the State Council; the department in charge of the protection of the traditional arts and handicrafts under the State Council shall grant affirmation and make public announcements on the basis of the evaluation and examination conclusions of the evaluation and examination board.

  Article 7 Enterprises and individuals engaging in the making of products of the traditional arts and handicrafts may submit applications for the protection of the varieties and techniques to the departments in charge of the protection of the traditional arts and handicrafts of the local People's Governments at the county level, and recommendations made to the department in charge of the protection of the traditional arts and handicrafts under the State Council by the departments in charge of the protection of the traditional arts and handicrafts of the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government upon examination and verification.

  Article 8 Enterprises and individuals applying for the affirmation of the varieties and techniques of the traditional arts and handicrafts should, in compliance with the provisions of the department in charge of the protection of the traditional arts and handicrafts under the State Council, present complete, detailed and truthful information.

  Article 9 The State adopts the following protective measures in the affirmation of the techniques of the traditional arts and handicrafts:

  (1)gathering, compiling and setting up of archives;

  (2)collection and storing up of excellent representative works;

  (3)determination of the classification of technical secrets and protection of the secrets in accordance with law; and

  (4)subsidizing research and training of qualified personnel.

  Article 10 Outstanding works among varieties of the traditional arts and handicrafts shall, upon evaluation and examination by the evaluation and examination board composed of specialists employed by the department in charge of the protection of the traditional arts and handicrafts under the State Council, be named China art and handicraft treasures(hereinafter referred to as treasures) by the department in charge of the protection of the traditional arts and handicrafts under the State Council.

  Article 11 The State adopts the following protective measures in respect of the treasures:

  (1)The treasures collected and purchased by the State shall be stored by the China Arts and Handicrafts Gallery or the arts and handicrafts galleries and museums of the provinces, autonomous regions and municipalities directly under the Central Government.

  (2)Export of the treasures shall be prohibited. Exhibition of the treasures abroad must be subjected to the approval of the department in charge of the protection of the traditional arts and handicrafts under the State Council in conjunction with the departments concerned under the State Council.

  Article 12 Individuals meeting the following conditions and engaging in the making of products of the traditional arts and handicrafts for a long duration may, upon evaluation and examination of the evaluation and examination board, be conferred the title of Masters of Chinese Arts and Handicrafts by the department in charge of the protection of the traditional arts and handicrafts under the State Council:

  (1)those with outstanding achievements and enjoying a good reputation at home and abroad; and

  (2)those with superb craftsmanship and forming their own schools.

  Article 13 The People's Governments at all levels and departments and units concerned should care for and support the creations of Masters of Arts and Handicrafts, and create good working environment and conditions for them in accordance with the following provisions:

  (1)The unit wherein the Master of Arts and Handicrafts is employed sets up a Master's studio for him or her;

  (2)A Master of Arts and Handicrafts is entitled to engraving his or her name on his or her works;

  (3)To create facilities for Masters of Arts and Handicrafts to take on apprentices and pass on the techniques; and

  (4)The retirement age of Masters of Arts and Handicrafts may be appropriately extended in accordance with the relevant provisions of the State.

  Article 14 Overall planning and appropriate arrangements should be worked out by the departments concerned of the People's Governments above the county level in respect of natural raw materials and materials needed especially for the making of the varieties of the traditional arts and handicrafts.

  Article 15 The State steps up protection in accordance with law and strictly prohibits indiscriminate mining and digging in respect of such rare minerals as gems and jades needed especially for the making of varieties of the traditional arts and handicrafts.

  Article 16 The State encourages local People's Governments at all levels to take necessary measures to tap into and salvage techiniques of the traditional arts and handicrafts, collect masterpieces of the traditional arts and handicrafts,train personnel in techniques of the traditional arts and handicrafts, and subsidize scientific research in the traditional arts and handicrafts in the light of the actual conditions of the localities.

  Article 17 For enterprises engaging in the making of varieties of arts and handicrafts with low economic benefits buthigh artistic values and facing the techniques being lost, the People's Government at all levels should take necessary measures to render support and assistance.

  Article 18 Enterprises engaging in the making of products of the traditional arts and handicrafts should establish and perfect the protection or security system for the techniques of the traditional arts and handicrafts and strengthen in real earnest the management of the techniques of the traditional arts and handicrafts.

  Individuals engaging in the making of traditional arts and handicrafts products should abide by the provisions of the relevant laws and regulations of the State and must not divulge any technical secret and other commercial secret known in the process of making the traditional arts and handicrafts products.

  Article 19 For units and individuals making outstanding contributions to the cause of inheriting, protecting and developing the traditional arts and handicrafts, the State shall give rewards.

  Article 20 Whoever in violation of the provisions of these Regulations having committed any of the following acts shall be given administrative punishment or administrative penalty by the department concerned pursuant to the provisions of the relevant laws and regulations; for those which constitute a criminal offence, criminal liabilities shall be investigated in accordance with law:

  (1)burglary or disclosure of technical secrets of the traditional arts and handicrafts;

  (2)illegal mining of rare mineral resources for the making of traditional arts and handicrafts or pirating and selling of rare mineral products for the making of traditional arts and handicrafts; and

  (3)smuggling of art treasures out of the country.

  Whoever making and selling fake or imitated works of the traditional arts and crafts with names of Masters of China Arts and Handicrafts affixed thereon should bear civil liabilities in accordance with law; the departments concerned may, in accordance with the provisions of the relevant laws and regulations, impose administrative penalties.

  Article 21 These Regulations come into force as of the date of promulgation.

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