Implementing Regulations of the Law of the People's Republic of China on the Protection of Cultural Relics

Implementing Regulations of the Law of the People's Republic of China on the Protection of Cultural Relics

Order of the State Council of the People's Republic of China [2003] No. 377

May 18, 2003

The Implementing Regulations of the Law of the People's Republic of China on the Protection of Cultural Relics has been adopted at the 8th executive meeting of the State Council on May 13, 2003. It is hereby promulgated and shall be implemented as of July 1, 2003.

Premier Wen Jiabao

Appendix: Implementing Regulations of the Law of the People's Republic of China on the Protection of Cultural Relics

Chapter I General Provisions

Article 1 The present Regulation has been formulated in accordance with the Law of the People's Republic of China on Protection of Cultural Relics (hereinafter referred to as Law on the Protection of Cultural Relics).

Article 2 In accordance with the relevant regulations of the State, the competent authorities of the people's governments above the county level, the competent authorities for investment and the departments of finance shall practice joint management on the exclusive subsidies for cultural relics under the state protection and those for the local cultural relics protected for cultural and historical value, which shall not be misappropriated or embezzled by any unit or individual.

Article 3 All the incomes from non-profit-making services of the state-owned museums, memorials, and cultural relics protection units shall be used for:
1. The preservation, exhibition, restoration and collection of cultural relics;
2. The repair and construction of the state-owned museums, memorial, and historical and cultural relics protection units;
3. The safeguard of the cultural relics;
4. Archaeological investigation, exploration and excavation; and
5. Scientific research, publicity, and education about the protection of cultural relics.

Article 4 The competent authorities for cultural relics and the competent authorities for education, science and technology, press and publication, and broadcasting and television shall do a good job in the publicity and education about the protection of cultural relics.

Article 5 The competent authority for cultural relics of the State Council and the competent authorities for cultural relics of people's governments of the provinces, autonomous regions, and the municipalities directly under the Central Government shall make scientific and technologic research programs about the protection of cultural relics, take effective measures, promote the popularization and application of the scientific and technologic achievements in the area of the protecting cultural relics, and enhance the scientific and technologic level of the protection of cultural relics.

Article 6 Any unit or individual who has any of the acts as provided in Article 12 of the Law on the Protection of Cultural Relics shall be given spiritual encouragement or material rewards by the people's governments, the competent authorities for the protection of cultural relics and other relevant departments.

Chapter II Immovable Cultural Relics

Article 7 The famous historical and cultural cities shall be reported to the State Council for approval and announcement by the competent authority for construction of the State Council jointly with the competent authority for cultural relics of the State Council.
Historical and cultural streets, villages and towns shall be reported to the people's governments of the provinces, autonomous regions, and the municipalities directly under the Central Government for approval and announcement by the competent authorities for urban and rural program of the people's governments of the same level.
The protection programs for the famous historical and cultural cities, historical and cultural streets, villages and towns made by the people's governments above the county level shall satisfy the requirements for the protection of cultural relics.

Article 8 Within 1 year as of the verification and announcement of a key historical and cultural site under the state protection, or a provincial-level unit of relics protection, the people's government of the province, autonomous region, or the municipality directly under the Central Government shall delimit the necessary scope of protection, put up signs and notices, establish records and files, set up special organs or assign full-time personnel to take charge of the management of this site.
Within 1 year as of the verification and announcement of the cultural relics protection unit at the level of a districted city, autonomous prefecture, or county, the people's government that approved and announced the site shall delimit the scope of protection, put up signs and notices, establish records and files, set up special organs or assign full-time personnel to take charge of the management of this site.

Article 9 The protection scope for a cultural relics protection unit refers to the site itself and the area around it within certain boundaries subject to protection.
The scope of protection for a cultural relics protection unit shall be properly delimited in light of its category, scale, content, the history and reality of its surrounding environment, keep a safe distance from the unit of cultural relics protection itself, ensure its authenticity and integration.

Article 10 The signs and notices of a cultural relics protection unit shall include the level, name, announcement organ, announcement date, the organ that put up the signs and the date, etc. The signs and notices of a cultural relics protection unit of a minority ethnic group autonomous region shall be written in standard Chinese Characters and the local popular minority characters.

Article 11 The records and files of a cultural relics protection unit shall include the records of itself--the scientific and technologic materials, relevant documents and administrative management.
The records and files of a cultural relics protection unit shall make full use of written materials, audiovisual products, pictures, rubbings, copies and electronic texts to reflect effectively the content it carries.

Article 12 The sites of ancient culture, ancient tombs, cave temples, and the state-owned ancient memorial buildings determined and announced as cultural relics protection units shall be administered by the local people's governments above the county level, or by the specified institutions. The other cultural relics protection units shall be managed by the local people's governments above the county level, or by the specified institutions with specially assigned personnel to be responsible for the management. Guardians may be hired to protect the said sites in the latter circumstance.
Where a cultural relics protection unit has any user, the user shall establish mass protective organizations for the cultural relics; where there is no user, the local villager's committees or resident's committees may set up mass protective organizations for cultural relics. The competent authorities for cultural relics shall guide and support the activities of such mass protective organizations.
The administrative organs for the cultural relics protection units shall establish and perfect rules and regulations, take safety precautions, and the security guards may be equipped with defense appliances.

Article 13 The construction control area of a cultural relics protection unit refers to the area, beyond the protective scope of this site, in which the construction is limited in order to ensure the safety of the site and to protect the environment, the historical features and style of the site.
The construction control area of a cultural relics protection unit shall be properly delimited in light of the category, scale, content, and the history and reality of the surrounding environment of this site.

Article 14 The construction control area of a historical and cultural site under state protection shall be subject to the approval of the people's government of the province, autonomous region, or the municipality directly under the Central Government, shall be delimited and announced by the competent authorities for cultural relics of the province, autonomous region, or the municipality directly under the Central Government, jointly with the competent authorities for urban and rural programs.
The construction control area of a cultural relics protection unit at the level of province, districted city, autonomous prefecture, or county shall be subject to the approval of the people's government of the province, autonomous region, municipality directly under the Central Government, shall be delimited by the competent authorities for cultural relics of the people's government that determined and announced the cultural relics protection unit.

Article 15 The unit that undertakes the repair, removal, and restoration of a cultural relics protection unit shall obtain the relevant level of Qualification Certificate of Historical Relics Protection Project issued by the competent authorities for cultural relics and the qualification certificate issued by the competent authorities for construction of the same level at the same time.
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