Law of the People's Republic of China on the Protection of Cultural Relics
Law of the People's Republic of China on the Protection of Cultural Relics
Law of the People's Republic of China on the Protection of Cultural Relics
Order of the President [2002] No. 76
October 28, 2002
(Adopted at the 30th Meeting of the Standing Committee of the Ninth National People's Congress on October 28, 2002 )
Contents
Chapter I General Provisions
Chapter II Immovable Cultural Relics
Chapter III Archaeological Excavations
Chapter IV Cultural Relics in the Collection of Cultural Institutions
Chapter V Cultural Relics in People's Collection
Chapter VI Taking or Bringing Cultural Relics out of or into China
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution, with a view to strengthening the protection of cultural relics, inheriting the splendid historical and cultural legacy of the Chinese nation, promoting scientific research, conducting education in patriotism and in the revolutionary tradition, and building a socialist society with cultural, ideological and material progress.
Article 2 The State places under its protection the following cultural relics within the boundaries of the People's Republic of China:
1. sites of ancient culture, ancient tombs, ancient architectural structures, cave temples, stone carvings and murals that are of historical, artistic or scientific value;
2. important modern and contemporary historic sites, material objects and typical buildings that are related to major historical events, revolutionary movements or famous personalities and that are highly memorable or are of great significance for education or for the preservation of historical data;
3. valuable works of art and handicraft articles dating from various historical periods;
4. important documents dating from various historical periods, and manuscripts, books and materials, etc. that are of historical, artistic or scientific value; and
5. typical material objects reflecting the social system, social production or the life of various nationalities in different historical periods.
The criteria and measures for the verification of cultural relics shall be formulated by the administrative department for cultural relics under the State Council and submitted to the State Council for approval.
Fossils of paleovertebrates and paleoanthropoids of scientific value shall be protected by the State in the same way as cultural relics.
Article 3 Immovable cultural relics, such as sites of ancient culture, ancient tombs, ancient architectural structures, cave temples, stone carvings and murals as well as important modern and contemporary historic sites and typical buildings, may, depending on their historical, artistic and scientific value, be designated respectively as 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 provincial level, and sites to be protected for their historical and cultural value at the city or county level.
Movable cultural relics, such as important material objects, works of art, documents, manuscripts, books, materials, and typical material objects dating from various historical periods, shall be divided into valuable cultural relics and ordinary cultural relics; and the valuable cultural relics shall be subdivided into grade-one cultural relics, grade-two cultural relics and grade-three cultural relics.
Article 4 In the work concerning cultural relics, the principle of giving priority to the protection of cultural relics, attaching primary importance to their rescue, making rational use of them and tightening control over them shall be carried out.
Article 5 All cultural relics remaining underground or in the inland waters or territorial seas within the boundaries of the People's Republic of China are owned by the State.
Sites of ancient culture, ancient tombs and cave temples are owned by the State. Such immovable cultural relics as memorial buildings, ancient architectural structures, stone carvings, murals and typical architectural structures of the modern and contemporary times, designated for protection by the State, except where otherwise provided for by regulations of the State, are owned by the State.
The ownership of State-owned immovable cultural relics shall remain unchanged when ownership or the right to use of the land to which such relics are attached changes.
The following movable cultural relics are owned by the State:
1. cultural relics unearthed within the territories of the People's Republic of China, except where otherwise provided for by regulations of the State;
2. cultural relics collected and preserved by institutions for the collection of State-owned cultural relics and by other State organs, armed forces, State-owned enterprises, public institutions, etc.;
3. cultural relics collected and purchased by the State;
4. cultural relics donated to the State by citizens, legal persons and other organizations; and
5. other cultural relics owned by the State as provided for by laws.
Ownership of movable cultural relics owned by the State shall remain unchanged when institutions for their preservation or collection cease to exist or are replaced.
Ownership of the State-owned cultural relics shall be protected by laws and shall brook no infringement.
Article 6 Ownership of memorial buildings, ancient architectural structures, cultural relics handed down from ancestors and other cultural relics obtained in accordance with laws, which belong to collectives or individuals, shall be protected by laws. Owners of the cultural relics shall abide by State laws and regulations on the protection of cultural relics.
Article 7 All government department, public organizations and individuals shall have the obligation to protect the cultural relics in accordance with laws.
Article 8 The administrative department for cultural relics under the State Council shall take charge of the work concerning the protection of cultural relics throughout the country.
Local people's governments at various levels shall take charge of the work concerning the protection of cultural relics within their own administrative areas. Departments in charge of the work concerning the protection of cultural relics under local people's governments at or above the county level shall exercise supervision and control over the protection of cultural relics within their own administrative areas.
The relevant administrative departments under people's governments at or above the county level shall, within the scope of their own functions and duties, take charge of the work concerning the protection of cultural relics.
Article 9 People's governments at various levels shall attach importance to the protection of cultural relics and correctly handle the relations between economic and social development and the protection of cultural relics so as to ensure safety of the cultural relics.
Capital construction and the development of tourism shall be governed by the principle for the work concerning the protection of cultural relics, and such activities may not cause damage to cultural relics.
Public security organs, administrative departments for industry and commerce, the Customs, departments for urban and rural construction planning and the relevant State organs shall, in accordance with law, conscientiously perform their functions and duties for the protection of cultural relics and maintain the order of the control over cultural relics.
Article 10 The State develops the undertaking of the protection of cultural relics. People's governments at or above the county level shall incorporate the undertaking of the protection of cultural relics into their own plans for national economic and social development and the expenses entailed shall be listed in their own budgets.
Budgetary appropriations made by the State for the protection of cultural relics shall increase along with the increase of revenues.
Incomes earned by the undertakings of the State-owned museums, memorial halls, sites protected for their historical and cultural values, etc. shall exclusively be used for the protection of cultural relics, and no units or individuals may take them into their own possession or misappropriate them.
The State encourages, through such forms as donations, the establishment of social funds for the protection of cultural relics, which shall exclusively be used for the protection of cultural relics. No units or individuals may take such funds into their own possession or misappropriate them.
Article 11 Cultural relics are unrenewable cultural resources. The State devotes great efforts to the publicity and education in the need to protect cultural relics, enhances the awareness of the entire people of the need, and encourages scientific research in this field in order to raise the scientific and technological level for the protection of the cultural relics.
Article 12 The State gives moral encouragement or material rewards to units and individuals for any of the following deeds:
1. conscientiously implementing laws and regulations on the protection of cultural relics and making remarkable achievements in protecting cultural relics;
2. resolutely fighting against criminal acts, in the interest of protecting cultural relics;
3. donating important cultural relics in one's own collection to the State or making donations for the undertaking of protection of cultural relics;
4. immediately reporting or delivering to the authority when discovering cultural relics, which facilitates their protection;
5. making major contributions to the work of archaeological excavations;
6. making important inventions and innovations in the science and techniques for the protection of cultural relics, or other important contributions in this respect;
7. rendering meritorious service in rescuing cultural relics that are in danger of being destroyed; and
8. having been engaged in the work concerning cultural relics over long years and having made outstanding achievements in this field.
Chapter II Immovable Cultural Relics
Article 13 The administrative department for cultural relics under the State Council shall select sites from among the ones protected for their significant historical, artistic or scientific value at the provincial, city or county level and designate them as major sites to be protected for their historical and cultural value at the national level, or shall directly designate such major sites, and report them to the State Council for verification and announcement.
Sites to be protected for their historical and cultural value at the provincial level shall be verified and announced by the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government, and be reported to the State Council for the record.
Sites to be protected for their historical and cultural value at the city or county level shall be verified and announced respectively by the people's governments of cities divided into districts, of autonomous prefectures and of counties, and be reported to the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government for the record.
Immovable cultural relics of sites to be protected for their historical and cultural value that have not yet been verified and announced as such shall be registered and announced by the administrative department for cultural relics under the people's government at the county level.
Article 14 Cities with an unusual wealth of cultural relics of important historical value or high revolutionary memorial significance shall be verified and announced by the State Council as famous cities of historical and cultural value.
Towns, neighborhoods or villages with an unusual wealth of cultural relics of important historical value or high revolutionary memorial significance shall be verified and announced by the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government as famous neighborhood, villages or towns of historical and cultural value, and reported to the State Council for the record.
Local people's governments at or above the county level in places where famous cities of historical and cultural value, or famous neighborhoods, villages or towns of historical and cultural value are located shall take charge of drawing up special plans for their protection and include such plans in their overall urban plans.
Measures for the protection of famous cities, famous neighborhoods, villages and towns of historical and cultural value shall be formulated by the State Council.
Article 15 People's governments of provinces, autonomous regions, and municipalities directly under the Central Government and of cities and counties shall respectively delimit the necessary area of protection, put up signs and notices, and establish records and files for the historical and cultural sites protected at the corresponding levels and shall, in the light of different circumstances, establish special organs or assign full-time persons to be responsible for control over these sites. The area of protection and records and files for the major historical and cultural sites protected at the national level shall be reported by the administrative department for cultural relics under the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government to the administrative department for cultural relics under the State Council for the record.
The administrative departments for cultural relics under the local people's governments at or above the county level shall, on the basis of the requirements for the protection of different cultural relics, formulate specific protective measures for the immovable cultural relics of the sites protected for their historical and cultural value and of the sites that have not yet been verified as such, and announce the measures for implementation.
Article 16 When drawing up plans for urban and rural construction, the people's governments at various levels shall, on the basis of the requirements for the protection of cultural relics, see to it that protective measures for the historical and cultural sites protected at different levels within their own administrative areas are first formulated through consultation between the departments for urban and rural construction planning and the administrative departments for cultural relics and include such measures in their plans.
Article 17 No construction of additional projects or such operations as blasting, drilling and digging may be conducted within the area of protection for a historical and cultural site.
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