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| Category | CULTURE | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1992-05-05 | Effective Date | 1992-05-05 |
|
Rules for the Implementation of the Law of the People's Republic of China on the Protection of Cultural Relics |
|---|
Article 1 These Rules for the Implementation are formulated in accordance
with the Law of the People's Republic of China on Protection of Cultural
Relics (hereinafter referred to as Law on Protection of Cultural Relics).
Article 2 The cultural relics such as sites related to revolutionary
history, memorial buildings, sites of ancient culture, ancient tombs, ancient
architectural structures, cave temples and stone carvings are classified into
major sites to be protected for their historical and cultural value at the
national level, sites to be protected for their historical and cultural value
at the level of provinces, autonomous regions, municipalities directly under
the Central Government and sites to be protected for their historical and
cultural value at the level of counties, autonomous counties and cities.
Cultural relics such as memorial objects, works of art, handicraft
articles, revolutionary documents, manuscripts, ancient or old books and
materials, and typical material objects are classified into valuable cultural
relics and ordinary cultural relics. Valuable cultural relics are classified
into Grades One, Two, and Three.
Article 3 The State department for cultural administration in charge of
the work concerning cultural relics throughout the country specified in
Article 3 of the Law on Protection of Cultural Relics refers to the State
Bureau of Cultural Relics. The State Bureau of Cultural Relics shall
administer, supervise and guide the work concerning protection of cultural
relics throughout the country according to law.
Local people's governments at various levels shall place under their
protection cultural relics in their respective administrative areas.
The organs for protection and control of cultural relics set up by the
local people's governments at the level of county and at various levels higher
than it are the administrative departments of cultural relics; where there are
no organs for protection and control of cultural relics, the departments for
cultural administration are the administrative departments of cultural relics.
The administrative departments of cultural relics at various levels administer
the work concerning the cultural relics within their respective administrative
areas.
Article 4 The public security organs, the administrative departments for
industry and commerce, the departments in charge of urban and rural planning
and the Customs at various levels shall, in accordance with the provisions of
the Law on the Protection of Cultural Relics, and within their respective
competence, see to it that the work concerning protection of cultural relics
be well done.
Article 5 The operating expenses for cultural relics undertakings and the Article 6 Sites to be protected for their historical and cultural value Article 7 The protective scope of sites to be protected for their The protective scope of major sites to be protected for their historical The protective scope of sites to be protected for their historical and Article 8 The local people's governments at the level of county or above The protective measures for major sites to be protected for their The protective measures for the historical cultural sites to be protected Article 9 Special administrative institutes for protection, such as Article 10 The units which use cultural relics listed in paragraph 1 in Article 11 The opening of a site to be protected for its historical and Article 12 On the basis of the actual needs for the protection of The area for the control of construction around a major site to be The area for the control of construction around a site to be protected at Article 13 In an area for the control of construction, the installation The design for the construction of new buildings or structures in an area Article 14 Totally ruined cultural relics such as ruined memorial Article 15 The repairing plans and the designing and working programs for The repairing plans and the designing and working programs for the sites The repair and protection projects for cultural relics shall be subjected Article 16 The units for exploration and designing and the units of Article 17 The concrete measures on control of the repair and protection Article 18 A procedure of submitting applications for approval must be Article 19 The archaeological excavation units shall submit their In a case where the pressing time limit for the completion of a Article 20 In the course of archaeological excavation, the archaeological When submitting their applications for excavation, the archaeological Article 21 The work concerning the investigation and prospecting of Article 22 Where sites of ancient culture and ancient tombs are found Article 23 In the course of an archaeological excavation engaged in Article 24 The qualifications of an archaeological excavation unit or The qualifications of an archaeological prospecting unit or team|head in Article 25 Upon completion of an excavation, the archaeological The State Bureau of Cultural Relics or the administrative departments for Article 26 Cultural relics collected by the collection units of cultural Article 27 The collection units of cultural relics under ownership by the Article 28 Where the collection units of cultural relics under ownership Article 29 The administrative departments for cultural relics at higher The allocation, transfer, exchange and borrowing of Grade One cultural The allocation, transfer, exchange and borrowing of Grades Two and Three Article 30 Cultural relics in citizens' private collections may be Article 31 Citizens may ask the administrative department for cultural Article 32 Cultural relics in private collections may be sold to The State encourages citizens to contribute their cultural relics in Article 33 The business of purchase and sale of cultural relics to be Article 34 The cultural relics marketing units shall record their The valuable cultural relics purchased or preserved by cultural relics The cultural relics to be sold by cultural relics marketing units shall be Article 35 Banks, smelteries, papermills and units for the recovery of Article 36 The prices of the cultural relics turned over to the Article 37 Cultural relics which are confiscated and recovered according Article 38 Cultural relics turned over shall be subjected to expertise by Article 39 The State Bureau of Cultural Relics or the administrative Banks that intend to keep sorted out coins and other kinds of currency of Article 40 Cultural relics to be taken out of the country shall be Article 41 For those cultural relics that are permitted to be taken out Article 42 Cultural relics in private collections to be taken out of the Article 43 The exhibition of cultural relics abroad and the export of Article 44 The people's governments, the administrative departments for Article 45 Fines listed in Article 30 of the Law on Protection of (1) The amount of fine for any of the acts listed in Items (1), (2) and (2) The amount of fine for the acts listed in Item (3) shall be one (3) The amount of fine for any of the acts listed in Items (5), (6) and (4) The amount of fine for the acts listed in Item (8) shall be two to Article 46 The staff members of the administrative departments for Article 47 Where parties concerned are dissatisfied with the concrete If the parties do not apply for reconsideration nor bring in a lawsuit nor Article 48 Protective measures for fossils of paleovertebrates and Article 49 The State Bureau of Cultural Relics shall be responsible for Article 50 These Rules for the implementation shall be effective as of
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capital construction for cultural relics shall be listed in the respective
financial budgets of the financial departments of the people's governments at
the level of county and at the various levels higher than it and administered
in a unified manner by the administrative departments of cultural relics at
the same level. The expenditure of capital construction for cultural relics,
the expenses for repair and maintenance and the expenses for archaeological
excavations shall be earmarked as special funds for such specified purposes
only and be controlled strictly. All the incomes of the cultural relics
institutions and enterprises which belong to the administrative departments of
cultural relics at various levels shall be used for cultural relics
undertakings only as supplementary funds for protection and control of
cultural relics, and may not be used for any other purposes.
Chapter II Sites to Be Protected for Their Historical and Cultural Value
at different levels shall be approved and publicly announced in accordance
with the procedures specified in Article 7 of the Law on Protection of
Cultural Relics. Cultural relics which face under those listed in paragraph 1
of Article 7 of the Law on Protection of Cultural Relics but are not yet
publicly announced as sites to be protected for their historical and cultural
value shall be registered and protected by the people's governments of the
relevant counties, autonomous counties or cities.
historical and cultural value at various levels shall, in accordance with the
provisions of Article 9 of the Law on Protection of Cultural Relics, be
delimited and signs and notices be put up within a year from the date of
approval and announcement.
and cultural value at the national level and sites to be protected for their
historical and cultural value at the level of provinces, autonomous regions,
and municipalities directly under the Central Government shall be delimited
and announced by the people's governments of provinces, autonomous regions,
and municipalities directly under the Central Government.
cultural value at the level of counties, autonomous counties and cities shall
be delimited and announced by the people's governments at the same level.
shall prescribe the concrete protective measures for historical and cultural
sites to be protected in accordance with the different needs for protection of
cultural relics, and promulgate them for implementation.
historical and cultural value at national level and at the level of provinces,
autonomous regions and municipalities directly under the Central Government
shall be prescribed by the people's governments of provinces, autonomous
regions and municipalities directly under the Central Government.
at the level of counties, autonomous counties and cities shall be prescribed
by the people's governments of counties, autonomous counties and cities.
preservation institutes of cultural relics or museums, may be set up for
memorial buildings and ancient architectural structures owned by the State at
the places designated as sites to be protected for their historical and
cultural value by the administrative departments for cultural relics, the
units which use them or their administrative departments at higher levels, and
shall take charge of the protection. Where there are no special administrative
institutes for protection, the relevant people's governments at the levels of
county or above shall instruct the units which use sites to be protected for
their historical and cultural value or the relevant departments to take charge
of the protection or invite guardians for the protection of cultural relics to
take charge thereof.
Article 7 of the Law on Protection of Cultural Relics shall set up mass
protective organizations for cultural relics; where there are no using units,
villager's committees or resident's committees nearby may set up mass
protective organizations for cultural relics to protect the cultural relics.
The administrative departments for cultural relics shall give guidance to such
mass protective organizations in their activities.
cultural value to the public shall be in conformity with the requirements
prescribed by the State Bureau of Cultural Relics and reported to the
administrative department for cultural relics at the level corresponding the
relic level for approval.
cultural relics, an area for the control of construction may be delimited and
announced around a site to be protected for its historical and cultural value.
protected at the national level or a site to be protected at the level of
province, autonomous region or municipality directly under the Central
Government shall be delimited by the administrative department for cultural
relics of the people's government of the relevant province, autonomous region
or municipality directly under the Central Government in conjunction with the
departments for urban and rural planning and reported to the people's
government of the province, autonomous region or municipality directly under
the Central Government for approval.
the level of county, autonomous county or city shall be delimited by the
administrative department for cultural relics of the people's government of
the relevant county, autonomous county or city in conjunction with the
departments for urban and rural planning and reported to the people's
government of the province, autonomous region or municipality directly under
the Central Government for approval or to the people's government of the
county, autonomous county or city authorized by the people's government of the
province, autonomous region or municipality directly under the Central
Government for approval.
of any device which endanger the safety of cultural relics or the construction
of any building or structure of which the style, height, size and colour are
out of harmony with the environmental features of historical and cultural site
shall be impermissible.
for the control of construction shall be, on the basis of the level of the
site to be protected for its historical and cultural value, agreed to by the
administrative department for cultural relics at the same level before it is
submitted to the departments of urban and rural planning at that level for
approval.
buildings and ancient architectural structures may not be reconstructed. Where
the reconstruction of such sites is necessary at other places or at the
original places owing to special needs, consent must be obtained from the
original verifying and approving departments, according to the level of sites
to be protected for their historical and cultural value.
the major sites to be protected for their historical and cultural value at the
national level and those for the sites to be protected at the level of
provinces, autonomous regions and municipalities directly under the Central
Government, which the State Bureau of Cultural Relics deems it necessary to be
examined and approved by the Bureau itself shall be examined and approved by
the State Bureau of Cultural Relics.
to be protected at the level of provinces, autonomous regions, and
municipalities directly under the Central Government and at the level of
counties, autonomous counties and cities shall be examined and approved by the
administrative departments for cultural relics of the people's governments of
provinces, autonomous regions and municipalities directly under the Central
Government.
to the supervision and guidance of the examining and approving department. The
completion of the projects shall be reported to the same department for check
and acceptance.
construction in charge of the repair and protection projects for cultural
relics shall observe the relevant regulations of the State and ensure the
quality of the projects.
projects for cultural relics shall be formulated by the State Bureau of
Cultural Relics.
Chapter III Archaeological Excavations
fulfilled for all archaeological excavations. The archaeological excavation
units shall submit their respective archaeological excavation applications to
the State Bureau of Cultural Relics through the administrative departments for
cultural relics of the people's governments of provinces, autonomous regions
and municipalities directly under the Central Government or directly to the
State Bureau of Cultural Relics for examination and approval in accordance
with the provisions in Article 17 or Article 19 of the Law on Protection of
Cultural Relics. The State Bureau of Cultural Relics, in approving the
archaeological excavation plans directly submitted to it, shall solicit
opinions from the administrative departments for cultural relics of the
people's governments of the relevant provinces, autonomous regions and
municipalities directly under the Central Government.
archaeological excavation plans for each year to the State Bureau of Cultural
Relics in the first quarter of the year. The archaeological excavation plans
to be carried out in coordination with construction projects may be submitted
to the State Bureau of Cultural Relics 30 days before the excavation.
construction project or an imminent danger of natural damage requires urgent
excavation, it is permissible to start with the approval of the administrative
department for cultural relics of the people's government of the relevant
province, autonomous region or municipality directly under the Central
Government and then submit a retroactive excavation plan within 15 days as of
the date of the excavation.
excavation units and their staff members shall strictly abide by the rules of
archaeological work and ensure the quality of excavation.
excavation units shall set forth protective measures to ensure the security of
cultural relics unearthed and the historical remains, and shall strictly carry
out them while engaging in the work of excavation.
cultural relics to be carried out in coordination with a construction project
shall be organized and conducted by the administrative department for cultural
relics of the people's government of the relevant province, autonomous region
or municipality directly under the Central Government. The work with respect
to the investigation and prospecting of cultural relics involving two or more
provinces, autonomous regions and municipalities directly under the Central
Government shall be jointly organized and conducted by the administrative
departments for cultural relics of the people's governments of the provinces,
autonomous regions and municipalities directly under the Central Government
where the cultural relics are located or by the State Bureau of Cultural
Relics.
during the construction and require timely excavation, the administrative
department of the relevant province, autonomous region or municipality
directly under the Central Government shall organize the forces to conduct the
excavation without delay. The work concerning archaeological excavation within
the scope of an especially important construction project or a construction
project involving two or more provinces, autonomous regions and municipalities
directly under the Central Government shall be organized and conducted by the
State Bureau of Cultural Relics, and the construction shall not proceed until
the completion of the excavation.
coordination with a construction project, the building units and the
construction units shall coorperate with the archaeological excavation units
in protecting the security of the unearthed cultural relics or sites.
team|head in charge of an archaeological excavation item shall be examined and
acknowledged by the State Bureau of Cultural Relics and a certificate shall be
issued.
charge of an archaeological prospecting shall be examined and acknowledged by
the administrative department for cultural relics of the people's government
of the relevant province, autonomous region or municipality directly under the
Central Government and a certificate shall thereby be issued.
excavation unit shall timely write out a report on the excavation and work out
a list of the unearthed cultural relics.
cultural relics of the people's governments of provinces, autonomous regions
and municipalities directly under the Central Government shall, on the basis
of condition of protection and control and the actual needs, designate
museums, libraries or other institutions under ownership by the whole people
(hereinafter referred to as collection units of cultural relics under
ownership by the whole people) to store up the cultural relics unearthed. An
approval from the State Bureau of Cultural Relics or the administrative
department for cultural relics of the people's government of the relevant
province, autonomous region or municipality directly under the Central
Government is required, where an archaeological excavation unit has the need
to keep cultural relics as specimens.
Chapter IV Cultural Relics in the Collection of Cultural Institutions
relics under ownership of the whole people shall be registered with the
relevant administrative department of cultural relics. The administrative
departments for cultural relics of the people's governments of counties,
autonomous counties and cities shall report the files of the registered
valuable cultural relics to the administrative departments for cultural relics
of the people's governments of provinces, autonomous regions and
municipalities directly under the Central Government for the record. The files
of Grade One cultural relics registered by the administrative departments for
cultural relics of the people's governments of provinces, autonomous regions
and municipalities directly under the Central Government shall be reported to
the State Bureau of Cultural Relics for the record. The specific measures
shall be formulated by the State Bureau of Cultural Relics.
whole people shall be equipped with the facilities and means needed to ensure
the security of cultural relics, and shall set up files for the cultural
relics according to the relevant regulations of the State and take care of the
cultural relics according to their categories and grades.
by the whole people are to reproduce or restore any collected Grade One
cultural relics, they shall report to the State Bureau of Cultural Relics for
approval.
levels may allocate, transfer or borrow the cultural relics controlled by the
administrative departments for cultural relics at lower levels. The collection
units of cultural relics under ownership by the whole people may exchange or
borrow their collected cultural relics among them, with the approval of the
relevant administrative departments for cultural relics.
relics shall be submitted to the State Bureau of Cultural Relics for approval.
cultural relics and ordinary cultural relics shall be submitted to the
administrative departments for cultural relics of the people's governments of
provinces, autonomous regions and municipalities directly under the Central
Government for approval.
Chapter V Cultural Relics in Private Collections
registered with the administrative departments for cultural relics. The
administrative department for cultural relics and their staff members shall
keep the cultural relics registered by the citizen secret.
relics for technological advice and help concerning the expertise,
preservation and restoration of cultural relics in their private collections.
collection units of cultural relics or purchasing units of cultural relics
under ownership by the whole people designated by the State Bureau of Cultural
Relics or by the administrative departments for cultural relics of the
people's governments of provinces, autonomous regions and municipalities
directly under the Central Government.
private collections to collection units of cultural relics under ownership by
the whole people.
conducted by cultural relics marketing units shall be approved by the State
Bureau of Cultural Relics or the administrative departments for cultural
relics of the people's governments of provinces, autonomous regions and
municipalities directly under the Central Government and be registered with
the administrative departments for industry and commerce. The business of
cultural relics sales to foreigners shall be transacted with approval of the
State Bureau of Cultural Relics.
business activities for eventual check and examination.
marketing units shall be reported to the administrative departments for
cultural relics which have approved the cultural relics marketing business of
such units for the record. Those belonging to Grade One cultural relics shall
be reported to the State Bureau of Cultural Relics for the record.
subjected to expertise in accordance with the relevant regulations of the
State before the sale.
old and waste materials, in sorting out cultural relics, shall receive the
guidance of the administrative departments for cultural relics and shall well
preserve the cultural relics sorted out and turn them over to the
administrative departments for cultural relics as soon as possible.
administrative departments for cultural relics shall be reasonably assessed on
the basis of the expenses paid by banks, smelteries, papermills or units for
the recovery of old and waste materials on purchasing the said cultural relics
plus a certain proportion of expenses for sorting them out. If the
administrative departments for cultural relics which are to accept the turned
over cultural relics have difficulty in paying the needed sum, the problem
shall be solved by the administrative departments for cultural relics at
higher levels.
to law by public security organs, administrative departments for industry and
commerce and customs establishments in dealing with law|breaking or criminal
activities, shall be turned over to administrative departments for cultural
relics as soon as possible after the settlement of the cases according to the
relevant regulations. The measures for turning over shall be formulated by the
State Bureau of Cultural Relics in conjunction with the departments
concerned.
the administrative departments for cultural relics. Grade One cultural relics
shall be reported to the State Bureau of Cultural Relics for the record by the
administrative departments for cultural relics of the people's governments of
provinces, autonomous regions and municipalities directly under the Central
Government.
departments for cultural relics of the people's governments of provinces,
autonomous regions and municipalities directly under the Central Government
shall, in accordance with the needs of the protection for cultural relics,
designate qualified collection units of cultural relics under ownership by
the whole people to store up the turned over cultural relics.
past ages for scientific research shall ask for agreement from the State
Bureau of Cultural Relics or the administrative departments for cultural
relics of the people's governments of provinces, autonomous regions and
municipalities directly under the Central Government.
Chapter VI Taking Cultural Relics out of China
subjected to expertise by the administrative departments for cultural relics
of the people's governments of provinces, autonomous regions and
municipalities directly under the Central Government designated by the State
Bureau of Cultural Relics. The expertizing standards for cultural relics
leaving the country shall be formulated by the State Bureau of Cultural
Relics.
of the country after expertise, certificates for such permit shall be granted
by the expertizing departments. The Customs shall verify and release the
cultural relics against the permit certificates and according to the relevant
regulations of the State.
country by individuals which, after expertise, are not permitted to be taken
out, shall be registered and then returned or purchased by the administrative
departments for cultural relics or even requisitioned through purchase if
necessary.
cultural relics shall be uniformly administered by the State Bureau of
Cultural Relics. The concrete measures shall be formulated by the State Bureau
of Cultural Relics in conjunction with the departments concerned.
Chapter VII Awards and Penalties
cultural relics or the departments concerned shall give awards to units or
individuals for any of the deeds listed in Article 29 of the Law on Protection
of Cultural Relics.
Cultural Relics shall be enforced according to the seriousness of the cases in
the following amounts:
(4) shall be no more than 200 yuan (RMB);
percent of the cost of the building and the structure, but not exceed 20,000
yuan (RMB) at most;
(7) shall be no more than 20,000 yuan (RMB);
five times as much as the illegal earnings.
cultural relics may send any person who has committed one of the acts listed
in Items (3), (4) and (5) of Article 30 of the Law on Protection of Cultural
Relics to the administrative department concerned for handling.
administrative measures which are taken according to the Law on Protection of
Cultural Relics and these Rules for the Implementation, they may first apply
for reconsideration according to the provisions specified in the Regulations
on Administrative Reconsideration; where dissatisfied with the reconsideration
decision, the parties may bring in a lawsuit according to the provisions
specified in the Law for Administrative Litigation.
comply with the concrete administrative measures within the prescribed
time-limit, the administrative departments which have taken the concrete
administrative measures may apply to a people's court for enforcement or
resort to enforcement according to law.
Chapter VIII Supplementary Provisions
paleoanthropoids and the administrative and protective measures for famous
cities of historical and cultural value shall be formulated separately.
the interpretation of these Rules.
the date of promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/rftiottpocr671