(1997年5月20日中华人民共和国国务院令第217号发布 根据2013年7月18日《国务院关于废止和修改部分行政法规的决定》修订)
(Promulgated by Decree No. 217 of the State Council of the People's Republic of China on May 20, 1997, and revised in accordance with the Decision of the State Council on Repealing and Amending Certain Administrative Regulations on July 18, 2013)
为了保护传统工艺美术,促进传统工艺美术事业的繁荣与发展,制定本条例。
These Regulations are formulated to protect traditional arts and crafts and to promote the prosperity and development of the traditional arts and crafts industry.
本条例所称传统工艺美术,是指百年以上,历史悠久,技艺精湛,世代相传,有完整的工艺流程,采用天然原材料制作,具有鲜明的民族风格和地方特色,在国内外享有声誉的手工艺品种和技艺。
For the purposes of these Regulations, 'traditional arts and crafts' refer to handicraft varieties and techniques that have a history of over one hundred years, are time-honored, exquisitely skilled, passed down through generations, have a complete production process, use natural raw materials, possess distinct ethnic style and local characteristics, and enjoy a reputation both domestically and internationally.
国家对传统工艺美术品种和技艺实行保护、发展、提高的方针。
The State adopts a policy of protection, development, and enhancement for traditional arts and crafts varieties and techniques.
地方各级人民政府应当加强对传统工艺美术保护工作的领导,采取有效措施,扶持和促进本地区传统工艺美术事业的繁荣和发展。
Local people's governments at all levels shall strengthen leadership over the protection of traditional arts and crafts, take effective measures to support and promote the prosperity and development of traditional arts and crafts in their respective regions.
国务院负责传统工艺美术保护工作的部门负责全国传统工艺美术保护工作。
The department of the State Council responsible for the protection of traditional arts and crafts shall be responsible for the nationwide protection of traditional arts and crafts.
国家对传统工艺美术品种和技艺实行认定制度。符合本条例第二条规定条件的工艺美术品种和技艺,依照本条例的规定认定为传统工艺美术品种和技艺。
The State implements a recognition system for traditional arts and crafts varieties and techniques. Arts and crafts varieties and techniques that meet the conditions set forth in Article 2 of these Regulations shall be recognized as traditional arts and crafts varieties and techniques in accordance with these Regulations.
传统工艺美术品种和技艺,由国务院负责传统工艺美术保护工作的部门聘请专家组成评审委员会进行评审;国务院负责传统工艺美术保护工作的部门根据评审委员会的评审结论,予以认定和公布。
Traditional arts and crafts varieties and techniques shall be evaluated by an evaluation committee composed of experts appointed by the department of the State Council responsible for the protection of traditional arts and crafts; the department of the State Council responsible for the protection of traditional arts and crafts shall, based on the evaluation conclusions of the evaluation committee, recognize and announce them.
制作传统工艺美术产品的企业和个人,可以向当地县级人民政府负责传统工艺美术保护工作的部门提出要求保护的品种和技艺的申请,由省、自治区、直辖市人民政府负责传统工艺美术保护工作的部门审核后,向国务院负责传统工艺美术保护工作的部门推荐。
Enterprises and individuals that produce traditional arts and crafts products may apply to the local county-level people's government department responsible for the protection of traditional arts and crafts for the varieties and techniques they seek to protect. After review by the department of the people's government of the province, autonomous region, or municipality directly under the Central Government responsible for the protection of traditional arts and crafts, the application shall be recommended to the department of the State Council responsible for the protection of traditional arts and crafts.
申请认定传统工艺美术品种和技艺的企业和个人,应当按照国务院负责传统工艺美术保护工作的部门的规定,提交完整、详实的资料。
Enterprises and individuals applying for recognition of traditional arts and crafts varieties and techniques shall submit complete and detailed materials in accordance with the provisions of the department of the State Council responsible for the protection of traditional arts and crafts.
国家对认定的传统工艺美术技艺采取下列保护措施:
The State adopts the following protective measures for recognized traditional arts and crafts techniques:
(一)搜集、整理、建立档案;
(1) Collecting, organizing, and establishing archives;
(二)征集、收藏优秀代表作品;
(2) Soliciting and collecting outstanding representative works;
(三)对其工艺技术秘密确定密级,依法实施保密;
(3) Determining the classification of their technical secrets and implementing confidentiality in accordance with the law;
(四)资助研究,培养人才。
(4) Funding research and cultivating talent.
传统工艺美术品种中的卓越作品,经国务院负责传统工艺美术保护工作的部门聘请专家组成评审委员会进行评审后,由国务院负责传统工艺美术保护工作的部门命名为中国工艺美术珍品(以下简称珍品)。
Outstanding works among traditional arts and crafts varieties, after evaluation by an evaluation committee composed of experts appointed by the department of the State Council responsible for the protection of traditional arts and crafts, shall be named as Chinese Arts and Crafts Treasures (hereinafter referred to as 'Treasures') by the department of the State Council responsible for the protection of traditional arts and crafts.
国家对珍品采取下列保护措施:
The State adopts the following protective measures for Treasures:
(一)国家征集、收购的珍品由中国工艺美术馆或者省、自治区、直辖市工艺美术馆、博物馆珍藏。
(1) Treasures collected or purchased by the State shall be kept in the China Arts and Crafts Museum or the arts and crafts museums or museums of provinces, autonomous regions, or municipalities directly under the Central Government.
(二)珍品禁止出口。珍品出国展览必须经国务院负责传统工艺美术保护工作的部门会同国务院有关部门批准。
(2) Treasures are prohibited from export. The exhibition of Treasures abroad must be approved by the department of the State Council responsible for the protection of traditional arts and crafts jointly with the relevant departments of the State Council.
符合下列条件并长期从事传统工艺美术制作的人员,由相关行业协会组织评审,可以授予中国工艺美术大师称号:
Persons who meet the following conditions and have been engaged in the production of traditional arts and crafts for a long time may be awarded the title of 'Chinese Arts and Crafts Master' after evaluation by relevant industry associations:
(一)成就卓越,在国内外享有声誉的;
(1) Having outstanding achievements and enjoying a reputation both domestically and internationally;
(二)技艺精湛,自成流派的。
(2) Having exquisite skills and forming their own school.
县级以上人民政府有关部门对制作传统工艺美术品种特需的天然原料、材料,应当统筹规划、妥善安排。
The relevant departments of people's governments at or above the county level shall make overall plans and proper arrangements for the natural raw materials and materials specially needed for the production of traditional arts and crafts varieties.
对制作传统工艺美术品种特需的宝石、玉石等珍稀矿种,国家依法加强保护,严禁乱采滥挖。
The State shall strengthen protection in accordance with the law for rare mineral species such as gems and jade specially needed for the production of traditional arts and crafts varieties, and strictly prohibit indiscriminate mining and excavation.
国家鼓励地方各级人民政府根据本地区实际情况,采取必要措施,发掘和抢救传统工艺美术技艺,征集传统工艺美术精品,培养传统工艺美术技艺人才,资助传统工艺美术科学研究。
The State encourages local people's governments at all levels to take necessary measures based on local conditions to discover and rescue traditional arts and crafts techniques, collect fine traditional arts and crafts works, cultivate traditional arts and crafts technical personnel, and fund scientific research on traditional arts and crafts.
对于制作经济效益不高、艺术价值很高并且面临失传的工艺美术品种的企业,各级人民政府应当采取必要措施,给予扶持和帮助。
For enterprises that produce varieties of arts and crafts which have low economic benefits but high artistic value and are facing extinction, the people's governments at all levels shall take necessary measures to provide support and assistance.
制作传统工艺美术产品的企业应当建立、健全传统工艺美术技艺的保护或者保密制度,切实加强对传统工艺美术技艺的管理。
Enterprises that produce traditional arts and crafts products shall establish and improve a system for the protection or confidentiality of traditional arts and crafts techniques, and effectively strengthen the management of traditional arts and crafts techniques.
从事传统工艺美术产品制作的人员,应当遵守国家有关法律、法规的规定,不得泄露在制作传统工艺美术产品过程中知悉的技术秘密和其他商业秘密。
Personnel engaged in the production of traditional arts and crafts products shall comply with the provisions of relevant national laws and regulations, and shall not disclose technical secrets and other business secrets learned during the production of traditional arts and crafts products.
国家对在继承、保护、发展传统工艺美术事业中做出突出贡献的单位和个人,给予奖励。
The state shall give awards to units and individuals that have made outstanding contributions to the inheritance, protection, and development of traditional arts and crafts.
违反本条例规定,有下列行为之一的,由有关部门依照有关法律、行政法规的规定,给予行政处分或者行政处罚;构成犯罪的,依法追究刑事责任:
Anyone who violates the provisions of these Regulations and commits any of the following acts shall be given administrative sanctions or administrative penalties by the relevant departments in accordance with relevant laws and administrative regulations; if a crime is constituted, criminal liability shall be pursued according to law:
(一)窃取或者泄露传统工艺美术技艺秘密的;
(1) Stealing or disclosing the secrets of traditional arts and crafts techniques;
(二)非法开采用于制作传统工艺美术的珍稀矿产资源或者盗卖用于制作传统工艺美术的珍稀矿产品的;
(2) Illegally mining rare mineral resources used for making traditional arts and crafts, or illegally selling rare mineral products used for making traditional arts and crafts;
(三)私运珍品出境的。
(3) Privately transporting rare products out of the country.
制作、出售假冒中国工艺美术大师署名的传统工艺美术作品的,应当依法承担民事责任;有关部门可以依照有关法律、行政法规的规定给予行政处罚。
Anyone who produces or sells traditional arts and crafts works falsely bearing the signature of a Chinese arts and crafts master shall bear civil liability according to law; the relevant departments may impose administrative penalties in accordance with relevant laws and administrative regulations.
本条例自发布之日起施行。
These Regulations shall come into force as of the date of promulgation.