Law of the People's Republic of China on the Protection of Cultural Relics (Revised in 2024)

Law of the People's Republic of China on the Protection of Cultural Relics (Revised in 2024)
Law of the People's Republic of China on the Protection of Cultural Relics (Revised in 2024)

Order of the President of the People's Republic of China No. 35

November 8, 2024

The Law of the People's Republic of China on the Protection of Cultural Relics, revised and adopted at the 12th Session of the Standing Committee of the 14th National People's Congress of the People's Republic of China on November 8, 2024, is hereby promulgated and shall come into effect on March 1, 2025.

Xi Jinping, President of the People's Republic of China

Law of the People's Republic of China on the Protection of Cultural Relics (Revised in 2024)

(Adopted at the 25th Session of the Standing Committee of the Fifth National People's Congress on November 19, 1982; amended for the first time in accordance with the Decision on Amending Articles 30 and 31 of the Law of the People's Republic of China on the Protection of Cultural Relics adopted at the 20th Session of the Standing Committee of the Seventh National People's Congress on June 29, 1991; revised at the 30th Session of the Standing Committee of the Ninth National People's Congress on October 28, 2002; amended for the second time in accordance with the Decision on Amending the Law of the People's Republic of China on the Protection of Cultural Relics adopted at the 31st Session of the Standing Committee of the Tenth National People's Congress on December 29, 2007; amended for the third time according to Decision of the Standing Committee of the National People's Congress on Amending 12 Laws Including the Law of the People's Republic of China on the Protection of Cultural Relics at the 3rd Session of the Standing Committee of the 12th National People's Congress on June 29, 2013; amended for the fourth time according to the Decisions of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on the Protection of Cultural Relics at the 14th Session of the Standing Committee of the 12th National People's Congress on April 24, 2015; amended for the fifth time according to the Decision of the Standing Committee of the National People's Congress on Amending 11 Laws Including the Accounting Law of the People's Republic of China at the 30th Session of the Standing Committee of the 12th National People's Congress on November 4, 2017; and revised for the second time at the 12th Session of the Standing Committee of the 14th National People's Congress of the People's Republic of China on November 8, 2024)

Contents
Chapter I General Provisions
Chapter II Immovable Cultural Relics
Chapter III Archaeological Excavations
Chapter IV Cultural Relics in Collection of Cultural Institutions
Chapter V Cultural Relics in Private Collections
Chapter VI Cultural Relics Exit and Entry
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted in accordance with the Constitution to enhance the protection of cultural relics, preserve the outstanding historical and cultural heritage of the Chinese nation, promote scientific research, foster patriotism and revolutionary tradition education, increase historical awareness, strengthen cultural confidence, and build socialist spiritual and material civilizations.

Article 2 Cultural relics shall be protected by the State. The term "cultural relics" in this Law refers to the following material remains, created by or related to human activities, that hold historical, artistic, or scientific value:
(1) Ancient cultural sites, ancient tombs, ancient buildings, grotto temples, ancient stone carvings, and ancient murals;
(2) Important modern and contemporary historical sites, artifacts, and representative buildings associated with major historical events, revolutionary movements, or prominent figures, or possessing significant commemorative and educational value, or historical data value;
(3) Precious works of art and handicrafts from various historical periods;
(4) Important documents, manuscripts, and literature from various historical periods; and
(5) Representative objects reflecting the social systems, production, and lifestyles of various ethnic groups in different historical periods.
The authority, criteria, and procedures for recognizing cultural relics shall be determined and published by the State Council.
Fossils of ancient vertebrates and ancient humans that hold scientific value shall also be protected by the State as cultural relics.

Article 3 Cultural relics are classified into immovable and movable cultural relics.
Immovable relics, which include ancient cultural sites, ancient tombs, ancient buildings, grotto temples, ancient stone carvings, ancient murals, important modern and contemporary historical sites, and representative buildings, are divided into historical and cultural sites under protection and immovable cultural relics that have not yet been verified and announced as historical and cultural sites under protection (hereinafter "ungraded immovable cultural relics"); historical and cultural sites under protection are classified into major historical and cultural sites protected at the national level, historical and cultural sites protected at the provincial level, and historical and cultural sites protected at the level of city divided into districts or county (hereinafter "historical and cultural sites protected at the city- or county-level").
Movable cultural relics, including significant objects, artworks, handicrafts, documents, manuscripts, and books from various historical periods, are classified into precious and ordinary cultural relics. Precious cultural relics are further divided into first-grade, second- grade and third-grade cultural relics.

Article 4 The cultural relics protection efforts shall uphold the leadership of the Communist Party of China, adhere to the guidance of core socialist values, and follow the guidelines and principle of prioritizing protection, rescue first, rational use, and enhanced management.

Article 5 All cultural relics found underground, in inland waters, and in the territorial seas of the People's Republic of China, as well as those of Chinese origin or of unknown origin found within other seas areas under the jurisdiction of China, shall be owned by the State.
Ancient cultural sites, ancient tombs, and grotto temples shall be State-owned. Commemorative buildings, ancient buildings, ancient stone carvings, ancient murals, and representative modern and contemporary buildings, and other immovable cultural relics, that are designated for protection by the State, are also State-owned, unless otherwise specified by the State.
The ownership of State-owned immovable cultural relics shall not change due to changes in the ownership of or right to use the land to which the cultural relics are attached.

Article 6 The following movable cultural relics shall be owned by the State:
(1) Cultural relics unearthed or salvaged from underwater in China's inland waters, territorial seas, and other sea areas under the jurisdiction of China, except as otherwise provided by the State;
(2) Cultural relics collected and preserved by state-owned cultural relics collection institutions, other government agencies, military units, and state-owned enterprises and public institutions;
(3) Cultural relics acquired by the State through collection, purchase, or lawful confiscation;
(4) Cultural relics donated to the State by citizens or organizations; and
(5) Other cultural relics specified by law as State-owned.
The ownership of State-owned movable cultural relics shall not change due to the termination or alteration of the institution or entity collecting or preserving them.

Article 7 The ownership of State-owned cultural relics shall be protected by law and shall not be infringed upon.
The ownership of commemorative buildings, ancient buildings, and ancestral relics owned collectively or privately, as well as other legally acquired cultural relics, shall be protected by law. Cultural relics owners must comply with the laws and regulations concerning cultural relics protection.

Article 8 All government authorities, organizations, and individuals shall have the obligation to protect cultural relics in accordance with the law.

Article 9 The administrative department of cultural relics under the State Council shall be responsible for cultural relics protection nationwide.
Local people's governments at all levels shall be responsible for the protection of cultural relics within their respective administrative regions. Administrative departments of cultural relics under local people's governments at or above the county level shall supervise and manage cultural relics protection within their respective administrative regions.
Other departments of local people's governments at or above the county level shall be responsible for relevant cultural relics protection work within their respective responsibilities.

Article 10 The State shall promote cultural relics protection by implementing requirements for prioritizing protection, strengthening management, exploring their value, ensuring effective utilization, and bringing cultural relics to life.

Article 11 Cultural relics are non-renewable cultural resources. People's governments at all levels shall prioritize cultural relics protection, properly balance economic development, social progress, and cultural relics protection, and ensure the safety of cultural relics.
In infrastructure construction and tourism development, cultural relics protection must be given top priority. Strict implementation of regulations on cultural relics protection and safety management shall be enforced to prevent destructive construction and excessive commercialization.

Article 12 Local people's governments at all levels shall take measures to strengthen the protection of relics associated with significant events, important meetings, notable figures, and the great founding spirit of the Communist Party of China throughout its history.

Article 13 People's governments at or above the county level shall include cultural relics protection in their respective national economic and social development plans, allocate the required funds in their budgets, and ensure that cultural relics protection aligns with the level of economic and social development.
The operational income of state-owned museums, memorial halls, and historical and cultural sites under protection shall be incorporated into budget management and used for cultural relics protection. No entity or individual may embezzle or misappropriate these funds.
The State shall encourage the establishment of social funds for cultural relics protection through donations, which shall be used exclusively for cultural relics protection. No entity or individual may embezzle or misappropriate these funds.

Article 14 People's governments at or above the county level and their administrative departments of cultural relics shall strengthen general surveys and special investigations on cultural relics to fully understand the status of cultural relics resources and their protection.
Administrative departments of cultural relics under people's governments at or above the county level shall enhance dynamic management of state-owned cultural relics resources and assets and, in accordance with relevant regulations of the State, promptly submit reports on the management of state-owned cultural relics resources and assets.

Article 15 The State shall support and regulate the activities aimed at uncovering and interpreting the value of cultural relics, promote research on the origins and development of Chinese civilization, preserve and inherit excellent traditional Chinese culture, promote revolutionary culture, develop advanced socialist culture, forge the strong sense of community among the Chinese nation, and enhance the influence of Chinese culture.

Article 16 The State shall strengthen publicity and education on cultural relics protection, innovate methods of communication, improve the public awareness regarding cultural relics protection, and foster a societal atmosphere for the conscious inheritance of the outstanding historical and cultural heritage of the Chinese nation.
News media shall carry out publicity and reporting on laws and regulations related to cultural relics protection and knowledge about cultural relics protection and shall exercise public opinion supervision over actions that endanger the safety of cultural relics or damage them.
Museums, memorial halls, cultural relics protection institutions, archaeological sites parks, and other related organizations shall carry out targeted cultural relics protection education and awareness activities in conjunction with their exhibitions and visitor programs.

Article 17 The State shall encourage scientific research on cultural relics protection, promote the adoption of advanced and applicable protection technologies, and enhance the scientific and technological level of cultural relics protection.
The State shall strengthen the informatization of cultural relics protection, encourage the development of digitalization efforts for cultural relics protection, and promote the digital collection, display, and utilization of cultural relics resources.
The State shall intensify the training of professionals in archaeology, repair, restoration, and other areas for cultural relics protection, and improve the systems for talent development, utilization, evaluation, and incentives.

Article 18 The State shall encourage research on the utilization of cultural relics. While ensuring the safety of cultural relics, priority shall be given to social benefits, effectively utilizing cultural relics resources to provide diverse and multi-level cultural products and services.

Article 19 The State shall improve mechanisms for public participation, mobilize social forces to engage in cultural heritage protection actively, and encourage and guide social forces to invest in cultural heritage protection.

Article 20 The State shall support international exchanges and cooperation in archaeology, repair, restoration, exhibitions, scientific research, law enforcement, and judicial efforts related to cultural relics protection, promoting mutual learning among human civilizations.

Article 21 Administrative departments of cultural relics or relevant departments of people's governments at or above the county level shall make public the channels for complaints and reports and shall promptly accept and handle complaints and reports related to cultural relics protection.

Article 22 Any entity or individual with any of the following deeds shall be commended and rewarded in accordance with relevant regulations of the State:
(1) Diligently implementing laws and regulations on cultural relics protection and achieving outstanding results in protecting cultural relics;
(2) Resolutely combating illegal and criminal activities against the protection of cultural relics;
(3) Donating important cultural relics in their collections to the State or making donations to the cause of cultural relics protection;
(4) Reporting or handing over discovered cultural relics promptly, ensuring their protection;
(5) Making significant contributions in archaeological excavations or in activities that uncover and interpret the value of cultural relics, and other related work;
(6) Making major inventions, creations, or other significant contributions in the science and technology of cultural relics protection;
(7) Making meritorious efforts in rescuing cultural relics in danger of being destroyed;
(8) Engaging in long-time service and achieving notable accomplishments in the field of cultural relics;
(9) Organizing or participating in volunteer services for cultural relics protection and achieving remarkable results; or
(10) Making significant contributions to international exchanges and cooperation in cultural relics protection.

Chapter II Immovable Cultural Relics

Article 23 Immovable cultural relics discovered during general surveys, special investigations, or other related work shall be promptly verified and announced as historical and cultural sites under protection, or registered and announced as ungraded immovable cultural relics. Citizens and organizations may propose suggestions on the verification and announcement of historical and cultural sites under protection or the registration and announcement of ungraded immovable cultural relics.
The administrative department of cultural relics under the State Council shall select sites of significant historical, artistic, or scientific value from among historical and cultural sites protected at the provincial level and those protected at the city- or county-level, designating them as major historical and cultural sites protected at the national level, or directly designate them as major historical and cultural sites protected at the national level, and then report them to the State Council for verification and announcement.
Historical and cultural sites protected at the provincial level shall be verified and announced by people's governments of provinces, autonomous regions, or municipalities directly under the Central Government, and filed with the State Council for the record.
Historical and cultural sites protected at the city- or county-level shall be verified and announced respectively by people's governments of cities divided into districts or autonomous prefectures and by people's governments at the county level, and filed with people's governments of provinces, autonomous regions, or municipalities directly under the Central Government for the record.
Ungraded immovable cultural relics shall be registered by administrative departments of cultural relics under people's governments at the county level, filed with the same-level people's governments and to the administrative departments of cultural relics under the people's governments at the next higher level for the record, and announced to the public.

Article 24 In the redevelopment of old urban areas or large-scale land development, the people's governments at or above the county level shall organize an investigation of immovable cultural relics within the relevant areas in advance, promptly conduct verification, registration, and announcement, and implement protective measures in accordance with the law.
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