Law of the People's Republic of China on Safeguarding the Public Cultural Services (Draft)
Law of the People's Republic of China on Safeguarding the Public Cultural Services (Draft)
Law of the People's Republic of China on Safeguarding the Public Cultural Services (Draft)
May 4, 2016
The Law of the People's Republic of China on Safeguarding the Public Cultural Services (Draft), adopted at the 20th session of the Standing Committee of the 12th National People's Congress in April of 2016, is hereby published on www.npc.gov.cn. The public may either directly visit this website to propose their opinions or deliver the opinions to the Commission of Legislative Affairs under the Standing Committee of the National People's Congress of the People's Republic of China (Address: West Street No. 1 of Qianmen, Xicheng District, Beijing; Post code: 100805. Please write on the envelope that it is the opinions on the Law of the People's Republic of China on Safeguarding the Public Cultural Services (Draft)). The Draft is subject to any opinions before June 3, 2016.
Law of the People's Republic of China on Safeguarding the Public Cultural Services (Draft)
Chapter I General Provisions
Article 1 In order to strengthen the construction of the public cultural service system, enrich the spiritual and cultural life of the mass, inherit the traditional Chinese splendid culture, promote the socialist core values, improve the civilization qualities of the whole nation and promote the prosperous development of socialist culture, this Law is formulated.
Article 2 Public cultural services indicated herein refer to the public cultural facilities, cultural products, cultural activities and other relevant services provided primarily for meeting the basic cultural needs of citizens under the guidance of the government and participation of social forces.
Article 3 Public cultural services shall stick to the orientation of socialist advanced culture, the people-focused policy, and the leadership of socialist core values and the principle of letting hundreds of sounds out. The creation of outstanding public cultural products shall be given support and the contents of public cultural services shall be enriched.
Article 4 People's governments above the county level shall include public cultural services into the plan for national economy and social development made by each level, and strengthen the construction of public cultural facilities, perfect the system of public cultural services and improve the efficiency of public cultural services according to requirements on public benefits, fundamentality, equality and convenience.
Article 5 The State Council shall be responsible for formulating the national standard on the guidance of basic public cultural services.
People's governments of provinces, autonomous regions and municipalities directly under the central government shall formulate the local standards on the implementation of basic public cultural services for their respective jurisdiction according to the national standard on the guidance of basic public cultural services together with local demands, financial capabilities and culture characteristics.
Article 6 The State Council shall set up the mechanism for integrated coordination of public cultural services, guide, coordinate and promote the public cultural services across the whole nation. Competent culture authority under the State Council shall take charge of integrated coordination.
Local people's governments at all levels shall strengthen their planning and coordination for public cultural services and jointly establish a sharing system.
Article 7 Competent culture authority under the State Council and competent authority for press, publication, radio, film and television shall be responsible for the national public cultural services according to the responsibilities stated by the Law and provisions of the State Council; Other relevant departments under the State Council shall take charge of relevant public cultural services within their respective jurisdiction.
Competent authorities for culture, press, publication, radio, film and television under the local people's governments above the county level shall take the responsibilities for the public cultural services within their own jurisdiction according to their respective responsibilities; other relevant departments under the local people's governments above the county level shall be take charge of relevant public cultural services within their respective jurisdiction.
Article 8 The State assists the old revolutionary base areas, minority areas, border areas and poverty-stricken areas in their public cultural services so as to achieve the balanced and coordinated development of public cultural services.
Article 9 People's governments at all levels shall work actively to create conditions for relevant public cultural services according to the characteristics and needs of the juveniles, the elderly, the disabled, the floating population and other groups of people.
Article 10 The State encourages and supports the integration of public cultural services with the national education in order to bring the social educational functions of public cultural services into full play and to enhance the morality and personal quality of adolescents.
Article 11 The State encourages and supports the integration of public cultural services with the science to improve the level of public cultural services through the wide application of digital technologies, modern information technologies and communication technologies.
Article 12 The State encourages and supports citizens, legal persons and other organizations to participate in public cultural services.
Citizens, legal persons and other organizations that have made significant contributions to public cultural services shall be commended and awarded according to law.
Chapter II Construction of Public Cultural Facilities
Article 13 Public cultural facilities in this Law refer to libraries, museums, cultural centers (stations), science and technology museums, memorial halls, stadiums, workers' cultural halls, youth palaces, activity centers for women and children used for providing public cultural services, as well as grassroots comprehensive cultural service centers in all rural areas and towns (sub-districts) or villages (communities), rural libraries, newspaper bulletin (screen) stands in the countryside, the radio and television transmission covering facilities, public electronic cultural service stations and other buildings, places and facilities.
Article 14 People's governments above the county level shall include the construction of public cultural facilities into their urban and rural planning and, according to the national standard on the guidance of basic public cultural services and the provincial standards on the implementation of basic public cultural services, determine the types, quantities, scale and layout of public cultural facilities properly, taking the local economic and social development, service population, environmental conditions and regional culture characteristics into consideration, and form the network of public cultural facilities which combines the stadium services, mobile services and digital services.
Locations for public cultural facilities shall be subject to public opinions, suitable to their functions and characteristics and favorable to fulfill their uses.
Article 15 Local people's governments shall strengthen the construction of grassroots comprehensive cultural service centers in all rural areas and towns (sub-districts) or villages (communities) via different methods, such as building or jointly building new public facilities or rebuilding, extending, renting or making use of the existing public facilities, so as to promote the unified administration and integrated utilization of relevant grassroots public facilities and safeguard their normal operations.
Local people's governments shall strengthen the digitalization and network construction of relevant grassroots public facilities for a better capability of digital and network services.
Article 16 The construction lands for public cultural facilities shall be in line with overall planning of land use and urban and rural planning and be approved according to legal procedures.
Any entity or individual shall not encroach on the construction lands for public cultural facilities or change the uses of such lands without approval. Where it is necessary to adjust the construction lands for public cultural facilities due to special reasons, relevant construction lands shall be re-determined. And the construction lands for public cultural facilities, after the adjustment, shall be larger in size.
Auxiliary public cultural facilities shall be planned and constructed for newly built, re-built or extended residential areas according to relevant regulations and standards.
Article 17 Any entity or individual, without approval, shall not dismantle public cultural facilities, change their functions and uses, or encroach on and embezzle any public cultural facility.
Where it is indeed indispensable to dismantle public cultural facilities or change their functions and uses due to urban and rural constructions, re-constructions shall be carried out in accordance with relevant laws and administrative regulations as well as the principle of construction first and dismantlement second or construction and dismantlement carried out simultaneously.
Article 18 Public cultural facilities shall be designed in line with the national standards and such requirements as being practical, safe, scientific, artistic, environmentally friendly and energy saving and also be equipped with appliances or equipment specifically for the disabled.
Article 19 Administrations of public cultural facilities shall provide and update the necessary services and equipment according to the national standards to safeguard the normal use and operation of public cultural facilities.
Article 20 Administrations of public cultural facilities shall establish and improve their administrative systems and service regulations, and set up a system respectively for statistics report on assets concerning public cultural facilities and annual report on the implementation of public cultural services.
Article 21 Administrations of public cultural facilities shall establish and improve the security management system and provide security protection equipment according to law to ensure the security of public cultural facilities and public activities.
Article 22 People's governments at all levels shall establish the assessment system participated by the general public for the performance of public cultural facilities, and administrations of public cultural facilities shall improve their work based on the evaluation results for higher qualities of their services.
Article 23 The State encourages establishing and improving the corporate governance structure for such public cultural facilities as public libraries, museums and cultural centers based on their functions via absorbing relevant representatives, professionals and the public to participate in the management work.
Article 24 The State encourages and supports citizens, legal persons and other organizations to build up public cultural facilities themselves or with relevant governmental departments or to donate the fund for building up such facilities, and promotes the socialization of the operation and management of public cultural facilities, unless otherwise stipulated by laws and administrative regulations.
Chapter III Provision of Public Cultural Services
Article 25 People's governments at all levels shall encourage the supply and spread of outstanding public cultural products, give support to the implementation of nationwide reading, legal education, fitness program and scientific education, the popularization of art and the inheritance activities for the splendid conventional culture.
Article 26 Local people's governments above the county level shall formulate and issue the catalogue of public cultural services for their respective jurisdiction according to the local realities and the national standard on the guidance of basic public cultural services together with the local standards of provinces, autonomous regions and municipalities directly under the central government on the implementation of basic public cultural services.
Article 27 Public cultural facilities to be open to the public according to their functions and characteristics shall be accessible to the public for free or at preferential price.
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May 4, 2016
The Law of the People's Republic of China on Safeguarding the Public Cultural Services (Draft), adopted at the 20th session of the Standing Committee of the 12th National People's Congress in April of 2016, is hereby published on www.npc.gov.cn. The public may either directly visit this website to propose their opinions or deliver the opinions to the Commission of Legislative Affairs under the Standing Committee of the National People's Congress of the People's Republic of China (Address: West Street No. 1 of Qianmen, Xicheng District, Beijing; Post code: 100805. Please write on the envelope that it is the opinions on the Law of the People's Republic of China on Safeguarding the Public Cultural Services (Draft)). The Draft is subject to any opinions before June 3, 2016.
Law of the People's Republic of China on Safeguarding the Public Cultural Services (Draft)
Chapter I General Provisions
Article 1 In order to strengthen the construction of the public cultural service system, enrich the spiritual and cultural life of the mass, inherit the traditional Chinese splendid culture, promote the socialist core values, improve the civilization qualities of the whole nation and promote the prosperous development of socialist culture, this Law is formulated.
Article 2 Public cultural services indicated herein refer to the public cultural facilities, cultural products, cultural activities and other relevant services provided primarily for meeting the basic cultural needs of citizens under the guidance of the government and participation of social forces.
Article 3 Public cultural services shall stick to the orientation of socialist advanced culture, the people-focused policy, and the leadership of socialist core values and the principle of letting hundreds of sounds out. The creation of outstanding public cultural products shall be given support and the contents of public cultural services shall be enriched.
Article 4 People's governments above the county level shall include public cultural services into the plan for national economy and social development made by each level, and strengthen the construction of public cultural facilities, perfect the system of public cultural services and improve the efficiency of public cultural services according to requirements on public benefits, fundamentality, equality and convenience.
Article 5 The State Council shall be responsible for formulating the national standard on the guidance of basic public cultural services.
People's governments of provinces, autonomous regions and municipalities directly under the central government shall formulate the local standards on the implementation of basic public cultural services for their respective jurisdiction according to the national standard on the guidance of basic public cultural services together with local demands, financial capabilities and culture characteristics.
Article 6 The State Council shall set up the mechanism for integrated coordination of public cultural services, guide, coordinate and promote the public cultural services across the whole nation. Competent culture authority under the State Council shall take charge of integrated coordination.
Local people's governments at all levels shall strengthen their planning and coordination for public cultural services and jointly establish a sharing system.
Article 7 Competent culture authority under the State Council and competent authority for press, publication, radio, film and television shall be responsible for the national public cultural services according to the responsibilities stated by the Law and provisions of the State Council; Other relevant departments under the State Council shall take charge of relevant public cultural services within their respective jurisdiction.
Competent authorities for culture, press, publication, radio, film and television under the local people's governments above the county level shall take the responsibilities for the public cultural services within their own jurisdiction according to their respective responsibilities; other relevant departments under the local people's governments above the county level shall be take charge of relevant public cultural services within their respective jurisdiction.
Article 8 The State assists the old revolutionary base areas, minority areas, border areas and poverty-stricken areas in their public cultural services so as to achieve the balanced and coordinated development of public cultural services.
Article 9 People's governments at all levels shall work actively to create conditions for relevant public cultural services according to the characteristics and needs of the juveniles, the elderly, the disabled, the floating population and other groups of people.
Article 10 The State encourages and supports the integration of public cultural services with the national education in order to bring the social educational functions of public cultural services into full play and to enhance the morality and personal quality of adolescents.
Article 11 The State encourages and supports the integration of public cultural services with the science to improve the level of public cultural services through the wide application of digital technologies, modern information technologies and communication technologies.
Article 12 The State encourages and supports citizens, legal persons and other organizations to participate in public cultural services.
Citizens, legal persons and other organizations that have made significant contributions to public cultural services shall be commended and awarded according to law.
Chapter II Construction of Public Cultural Facilities
Article 13 Public cultural facilities in this Law refer to libraries, museums, cultural centers (stations), science and technology museums, memorial halls, stadiums, workers' cultural halls, youth palaces, activity centers for women and children used for providing public cultural services, as well as grassroots comprehensive cultural service centers in all rural areas and towns (sub-districts) or villages (communities), rural libraries, newspaper bulletin (screen) stands in the countryside, the radio and television transmission covering facilities, public electronic cultural service stations and other buildings, places and facilities.
Article 14 People's governments above the county level shall include the construction of public cultural facilities into their urban and rural planning and, according to the national standard on the guidance of basic public cultural services and the provincial standards on the implementation of basic public cultural services, determine the types, quantities, scale and layout of public cultural facilities properly, taking the local economic and social development, service population, environmental conditions and regional culture characteristics into consideration, and form the network of public cultural facilities which combines the stadium services, mobile services and digital services.
Locations for public cultural facilities shall be subject to public opinions, suitable to their functions and characteristics and favorable to fulfill their uses.
Article 15 Local people's governments shall strengthen the construction of grassroots comprehensive cultural service centers in all rural areas and towns (sub-districts) or villages (communities) via different methods, such as building or jointly building new public facilities or rebuilding, extending, renting or making use of the existing public facilities, so as to promote the unified administration and integrated utilization of relevant grassroots public facilities and safeguard their normal operations.
Local people's governments shall strengthen the digitalization and network construction of relevant grassroots public facilities for a better capability of digital and network services.
Article 16 The construction lands for public cultural facilities shall be in line with overall planning of land use and urban and rural planning and be approved according to legal procedures.
Any entity or individual shall not encroach on the construction lands for public cultural facilities or change the uses of such lands without approval. Where it is necessary to adjust the construction lands for public cultural facilities due to special reasons, relevant construction lands shall be re-determined. And the construction lands for public cultural facilities, after the adjustment, shall be larger in size.
Auxiliary public cultural facilities shall be planned and constructed for newly built, re-built or extended residential areas according to relevant regulations and standards.
Article 17 Any entity or individual, without approval, shall not dismantle public cultural facilities, change their functions and uses, or encroach on and embezzle any public cultural facility.
Where it is indeed indispensable to dismantle public cultural facilities or change their functions and uses due to urban and rural constructions, re-constructions shall be carried out in accordance with relevant laws and administrative regulations as well as the principle of construction first and dismantlement second or construction and dismantlement carried out simultaneously.
Article 18 Public cultural facilities shall be designed in line with the national standards and such requirements as being practical, safe, scientific, artistic, environmentally friendly and energy saving and also be equipped with appliances or equipment specifically for the disabled.
Article 19 Administrations of public cultural facilities shall provide and update the necessary services and equipment according to the national standards to safeguard the normal use and operation of public cultural facilities.
Article 20 Administrations of public cultural facilities shall establish and improve their administrative systems and service regulations, and set up a system respectively for statistics report on assets concerning public cultural facilities and annual report on the implementation of public cultural services.
Article 21 Administrations of public cultural facilities shall establish and improve the security management system and provide security protection equipment according to law to ensure the security of public cultural facilities and public activities.
Article 22 People's governments at all levels shall establish the assessment system participated by the general public for the performance of public cultural facilities, and administrations of public cultural facilities shall improve their work based on the evaluation results for higher qualities of their services.
Article 23 The State encourages establishing and improving the corporate governance structure for such public cultural facilities as public libraries, museums and cultural centers based on their functions via absorbing relevant representatives, professionals and the public to participate in the management work.
Article 24 The State encourages and supports citizens, legal persons and other organizations to build up public cultural facilities themselves or with relevant governmental departments or to donate the fund for building up such facilities, and promotes the socialization of the operation and management of public cultural facilities, unless otherwise stipulated by laws and administrative regulations.
Chapter III Provision of Public Cultural Services
Article 25 People's governments at all levels shall encourage the supply and spread of outstanding public cultural products, give support to the implementation of nationwide reading, legal education, fitness program and scientific education, the popularization of art and the inheritance activities for the splendid conventional culture.
Article 26 Local people's governments above the county level shall formulate and issue the catalogue of public cultural services for their respective jurisdiction according to the local realities and the national standard on the guidance of basic public cultural services together with the local standards of provinces, autonomous regions and municipalities directly under the central government on the implementation of basic public cultural services.
Article 27 Public cultural facilities to be open to the public according to their functions and characteristics shall be accessible to the public for free or at preferential price.
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