Shanghai Municipal People’s Government on February 9, 2001
Article 1 (Purpose and Basis)
In order to protect the traditional arts and crafts and promote the flourishing and upgrading of arts and crafts of this Municipality, these Provisions are formulated in accordance with the “Regulations of Protection of Traditional Arts and Crafts” and relevant stipulations.
Article 2 (Scope of Application)
These Provisions apply to the protection, development, research, creation and production of traditional arts and crafts in the areas of this Municipality.
Article 3 (Definition)
Traditional arts and crafts mentioned in these Procedures refer to the variety and artistry of handicrafts with a history of more than a hundred years passed on from generation to generation, made mostly of natural raw materials with a complete technological process and a distinctive national style and local characteristics, and enjoying great fame both at home and abroad.
Exquisite products of arts and crafts mentioned in these Procedures refer to the works with perfect craftsmanship and innovated artistry among the traditional arts and crafts stipulated under the previous clause.
Masters of arts and crafts mentioned in these Procedures refer to the designers and makers of traditional arts and crafts who engage over the years in making traditional arts and crafts, have the professional title of senior technician or craftsman, or who master certain consummate skills.
Article 4 (Administrative Department)
The Shanghai Municipal Economic Commission (hereinafter referred to as SMEC) is the competent authority of protection of traditional arts and crafts of this Municipality, responsible for the protection, development, and relevant co-ordination and guidance of traditional arts and crafts. All departments concerned of this Municipality shall, according to their respective duties, make joint efforts to do well in the protection and development of traditional arts and crafts.
Article 5 (Protection Plans)
The SMEC shall include traditional arts and crafts in the development plan of metropolitan industry, work out specific plans for protection of traditional arts and crafts, adopt effective measures, support and boost the healthy development of traditional arts and crafts.
Article 6 (Trade Association)
The Shanghai Trade Association of Arts and Crafts (STAAC) is the corporation aggregate of protection of traditional arts and crafts of this Municipality, carrying out the protection and development of traditional arts and crafts according to law.
Article 7 (System of Protection after Affirmation)
The city adopts a system of protection after affirmation on the variety and artistry of traditional arts and crafts, exquisite products and masters of arts and crafts.
The Municipality sets up a committee for appraising and examining traditional arts and crafts (hereinafter called the appraisal examination committee), that takes charge of appraising and examining the variety and artistry of traditional arts and crafts, exquisite products and masters of arts and crafts. The STAAC undertakes specific affairs of the appraisal and examination.
Affirmation work shall be carried out every four years.
Article 8 (Composition of the Appraisal and Examination Committee and a Panel of Experts)
Members of the judging committee shall be invited at proposal of the STAAC and upon approval by the SMEC.
The appraisal and examination committee shall be composed of Chinese masters of arts and crafts, experts and scholars. The number of the committee members shall be odd and be over
9, among them the Chinese masters of arts and crafts shall not be less than half the number.
The STACC shall establish a panel of appraisal and examination experts.
Article 9 (Application Materials for the Variety and Artistry of Traditional Arts and Crafts)
Those who apply for affirmation of the variety and artistry of traditional arts and crafts to be protected by the authorities of this Municipality shall submit the following written materials to the appraisal and examination committee:
1. An application form;
2. History of the formation of the variety and artistry;
3. Technological process and main raw materials;
4. Technical characteristics and artistic style; and
5. Domestic and overseas evaluation.
Article 10 (Application Materials for Exquisite Products of Arts and Crafts)
Those who apply for affirmation of the exquisite products of arts and crafts of this Municipality shall submit the following written materials to the appraisal and examination committee:
1. An application form;
2. Raw materials and technological features;
3. Works (photos and written descriptions); and
4. Relevant information about work experiences and qualification.
Article 11 (Application Materials for Master of Arts and Crafts)
Those who apply for affirmation of the master of Arts and crafts shall submit the following written materials to the appraisal and examination committee:
1. An application form;
2. Work experiences and relevant qualification certificate;
3. Representative works (photos and written descriptions) and technological features; and
4. Certificate of prize-winning at home and abroad.
Article 12 (Public Exhibition in Advance and Handling of Objections)
The STAAC shall show to the public in advance the variety and artistry of traditional arts and crafts, exquisite products and the masters’ name list of arts and crafts submitted to the appraisal and examination committee for appraisal.
All units and individual persons have the right to put forward objections within 30 days from the date of public exhibition. The appraisal and examination committee shall be responsible for handling the objections within 30 days after the deadline of public exhibition. If it is difficult to complete the handling in time, the relevant application materials shall not be included in the scope of the current appraisal. The examination and the appraisal and examination committee shall give explanations to the applicant.
Article 13 (Appraisal and Examination Time and Voting Form)
The appraisal and examination committee shall judge the application materials of variety and artistry of traditional arts and crafts, exquisite products and masters of arts and crafts respectively within 3 months from the deadline of public show or objection handling.
The appraisal and examination committee shall adopt the voting form of one ballot a person and passage by over two third votes.
Article 14 (Withdrawal)
Any appraisal and examination committee member that applies for affirmation of his own works as the exquisite products of arts and crafts of this Municipality or that applies for affirmation as the master of arts and crafts of this Municipality shall withdraw in appraising and examining and voting.
Article 15 (Affirmation and Naming)
The SMEC shall affirm, publish those appraised and examined by the appraisal and examination committee as the protected variety and artistry of traditional arts and crafts of this Municipality.
The SMEC shall affirm and publish, and issue the certificate and mark of Shanghai’s exquisite products of arts and crafts to those appraised and examined by the appraisal and examination committee as the exquisite products of arts and crafts of this Municipality.
The SMEC shall, upon approval by the municipal people’s government, confer the title of Master of Arts and Crafts of Shanghai Municipality to those appraised and examined by the appraisal and examination committee as the master of arts and crafts of this Municipality.
Article 16 (Re-examination of the Qualification of Masters of Arts and Crafts)
Masters of Arts and Crafts of Shanghai Municipality shall be re-examined every four years.
In any of the following cases, a person shall have his or her title of Master of Arts and Crafts of Shanghai Municipality deprived after the SMEC reports to the municipal people’s government for approval:
1. Plagiarize or forge works of other persons or seriously violate artistic ethics; or
2. Be prosecuted for criminal liability for committing a crime.
Article 17 (Special Funds)
The Municipality sets up special funds for protection of traditional arts and crafts.
The procedures for use of the special funds for protection of traditional arts and crafts shall be worked out separately by the SMEC and the Municipal Finance Bureau.
Article 18 (Protective Measures)
For the variety and artistry of traditional arts and crafts of this Municipality, the SMEC shall organize for relevant department to adopt the following protective measures:
1. Collect and straighten up, and establish files;
2. Solicit and collect excellent representative works;
3.Determine the security classification of craftsmanship and technique, and keep them secret according to law; and
4. Salvage or explore the variety and artistry that are on the verge of being lost by way of video making and recording.
Article 19 (Special Protective Measures)
For the making of variety and artistry of traditional arts and crafts that bring low economic returns but have high artistic value, and are on the verge of being lost, the SMEC and relevant units may allocate a special fund from the special funds, or raise auxiliary special protection funds to give special protection.
The Municipality encourages the public, enterprises, institutions and individual persons to donate protection funds for the variety and artistry of traditional arts and crafts that are in need of special protection, or adopt other forms to give special protection.
Article 20 (Protection Base)
The Municipality establishes a protection base of traditional arts and crafts that mainly carries out the following protection work:
1. Carrying out theoretic research of traditional arts and crafts;
2. Exploring and straighten up materials of lost traditional arts and crafts;
3. Cultivating talents of traditional arts and crafts;
4. Collecting excellent works of traditional arts and crafts;
5. Carrying out domestic and overseas exchanges of traditional arts and crafts.
Article 21 (Technique Passing on from Master to Apprentice)
Masters of Arts and Crafts who take apprentices may have certain teaching allowances given by their work units or the STACC.
Article 22 (Encouragement and Support Measures)
The relevant departments and units of this Municipality shall support Masters of Arts and Crafts to make creations, and create conditions for them according to the following provisions:
1. Set up studios of Masters of Arts and Crafts;
2. Appropriately defer the retirement age of Masters of Arts and Crafts according to State’s relevant stipulations; and
3. Create other convenient conditions for Masters of Arts and Crafts to pass on their skills.
Article 23 (Museums of Traditional Arts and Crafts)
Units and individual persons are encouraged to set up exhibiting places and halls of collections of traditional arts and crafts to collect and exhibit rare products of Chinese arts and crafts, exquisite products of arts and crafts, and other excellent works.
Units and individual persons are encouraged to donate rare products of Chinese arts and crafts, exquisite products of arts and crafts, and other excellent works to the collecting and exhibiting places and halls of traditional arts and crafts of this Municipality. Those who make donation to the collecting and exhibiting places and halls of traditional arts and crafts, and comply with the stipulations, may be allowed to deduct the donated amount from the amount of income tax payable.
Article 24 (Selection Through Evaluation)
The variety and artistry of Chinese traditional arts and crafts, rare products of Chinese arts and crafts and masters of Chinese arts and crafts that apply for State affirmation shall be selected by the SMEC among the city-affirmed variety and artistry of traditional arts and crafts, exquisite products and masters of arts and crafts of the Municipality, and the SMEC shall be responsible for reporting to the higher authorities.
Article 25 (Security System)
The appraisal and examination committee members have the duty to keep secret the application materials stipulated under Articles 9, 10 and 11 of these Provisions.
Units that make products of traditional arts and crafts shall establish and perfect the protection and security system of techniques of traditional arts and crafts, and sign the security agreement with personnel concerned, according to law. Personnel engaged in making products of traditional arts and crafts shall abide by relevant provisions of laws and regulations, and shall not divulge technical secrets and other business secrets obtained in the process of making traditional arts and crafts.
Article 26 (Commendation or Reward)
Units and individual persons who meet the following requirements shall be commended or rewarded by the SMEC:
1. Making outstanding contributions to the protection, exploration and research of traditional arts and crafts;
2. Having the designed and made works of traditional arts and crafts appraised as rare works of Chinese arts and crafts or the excellent products of arts and crafts of this Municipality;
3. Donating protection funds for rare works of Chinese arts and crafts, the excellent products of arts and crafts of this Municipality and traditional arts and crafts;
4. Making outstanding achievements in cultivating talents of traditional arts and crafts;
5. Making great contributions to the promotion of inheritance, protection, development and boom of traditional arts and crafts.
Article 27 (Handling of Administrative Infractions)
The appraisal and examination committee members who commit dereliction of duties, abuse power, or engage in malpractice for selfish ends shall be disqualified, and given disciplinary sanctions by their work unit or higher authorities. If the wrongful act constitute a crime, the wrongdoers shall be prosecuted for criminal liability according to law.
Article 28 (Reconsideration and Lawsuit)
The party concerned who disagrees with the specific administrative act of the SMEC may apply for administrative reconsideration or lodge an administrative lawsuit according to law.
Article 29 (Implementation Date)
These Provisions shall become effective on April 1, 2001.
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