Law of the People's Republic of China on the Protection of Cultural Relics (Revised in 2015)
Law of the People's Republic of China on the Protection of Cultural Relics (Revised in 2015)
Law of the People's Republic of China on the Protection of Cultural Relics (Revised in 2015)
Order of the President of the People's Republic of China No.28
April 24, 2015
(Adopted at the 25th session of the Standing Committee of the Fifth National People's Congress on November 19, 1982, amended 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 and 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 Cultural Relics Protection Law of the People's Republic of China at the 3rd Meeting of the Standing Committee of the 12th National People's Congress on June 29, 2013; revised for the fourth time according to the Decisions of the Standing Committee of the National People's Congress on Revising the Law of the People's Republic of China on the Protection of Cultural Relics on April 24, 2015)
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 Private Collections
Chapter VI Exit or Enter of Cultural Relics out of or into China
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated 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 the scientific research, conducting education in patriotism and revolutionary tradition, and building the socialist spiritual and material civilization.
Article 2 The State places under its protection the following cultural relics within the territory of the People's Republic of China:
1. Sites of ancient culture, ancient tombs, ancient architectural structures, cave temples, stone carvings and mural paintings that are of historical, artistic or scientific value;
2. Important historical sites, material objects and typical buildings of modern and contemporary times that are related to major historical events, revolutionary movements or famous people or that are highly memorable or are of great significance for education or for the preservation of historical data;
3. Valuable works of art and technique articles dating from various historical periods;
4. Important documents dating from various historical periods as well as manuscripts, books and materials, etc. that are of historical, artistic or scientific value; and
5. Typical material objects that reflect the social system, social production or the life of various nationalities in different historical periods.
The criteria and measures for the recognition of cultural relics shall be formulated by the administrative department of cultural relics under the State Council, and shall be reported 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, mural paintings, and important historical sites and typical buildings of modern and contemporary times, etc. may, depending on their historical, artistic and scientific value, be identified as major historical and cultural sites to be protected at the national level, historical and cultural sites to be protected at the province level, and historical and cultural sites to be protected at the level of city or county.
Movable cultural relics, such as important material objects, artworks, documents, manuscripts, books and materials, and typical material objects, etc. shall be divided into valuable cultural relics and ordinary cultural relics; valuable cultural relics shall be divided into Grade I cultural relics, Grade II cultural relics and Grade III cultural relics.
Article 4 The principles of focus on protection, giving priority to rescue, reasonable utilization and strengthening the management shall be followed in the work concerning cultural relics protection.
Article 5 All cultural relics remaining underground or in the inland waters or territorial seas within the territory of the People's Republic of China shall belong to the State.
Sites of ancient culture, ancient tombs and cave temples shall belong to the State. Immovable cultural relics, such as memorial buildings, ancient architectural structures, stone carvings, mural paintings and typical buildings of modern and contemporary times, etc. designated for protection by the state, shall belong to the State, unless otherwise provided for by the State.
Ownership of State-owned immovable cultural relics shall not be changed as a result of the change of ownership of or use rights to the land to which the cultural relics are attached.
The movable cultural relics as follows shall belong to the State:
(1) Cultural relics that is unearthed within the territory of China, unless otherwise provided for by the State;
(2) Cultural relics collected and preserved by collection units of State-owned cultural relics, as well as other State organs, armed forces, State-owned enterprises and 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 the law.
Ownership of State-owned movable cultural relics shall not be changed as a result of the termination or alteration of the collection or preservation units.
Ownership of state-owned cultural relics shall be protected by law and must not be infringed upon.
Article 6 The ownership of memorial buildings, ancient architectural structures and cultural relics handed down from generation to generation that belong to collectives or individuals as well as other cultural relics acquired in accordance with the law shall be protected by law. Owners of the cultural relics must comply with the relevant State laws and regulations governing the protection and control of cultural relics.
Article 7 All government organs, organizations and individuals have the obligation to protect cultural relics in accordance with the law.
Article 8 The administrative department of cultural relics under the State Council shall take charge of the work concerning cultural relics protection throughout the country.
Local people's governments at various levels shall take charge of the work of protecting cultural relics within their respective administrative jurisdictions. Local people's governments at and above the county level that undertakes the protection of cultural relics shall supervise and administrate cultural relics protection within their respective administrative jurisdictions.
The relevant administrative departments of local people's governments at and above the county level shall take charge of the relevant cultural relics protection work within their respective scope of duties.
Article 9 The people's governments at various levels shall stress the protection of cultural relics, properly handle the relationship between economic construction, social development and cultural relics protection, and shall ensure the safety of cultural relics.
Infrastructure constructions and tourism development must comply with the principles for the protection of cultural relics, and must not damage the cultural relics.
Public security organizations, industry and commerce administrations, customs offices, urban and rural construction planning authorities and other relevant State organs shall earnestly perform their duties of cultural relics protection and maintain the order of cultural relics administration in accordance with the law.
Article 10 The State develops the cultural relics protection. The people's governments at and above the county level shall incorporate the cultural relics protection into the national economy and social development planning of the corresponding levels, and the expenses needed shall be listed in the budgets of the governments of corresponding levels.
The national financial allocation for cultural relics protection shall be increased with the increase of financial revenue.
The public income of state-owned museums, memorials, and cultural relics protection sites shall be exclusively used in the cultural relics protection, and no unit or individual may take into their own possession or misappropriate the fund.
The State encourages the establishment of social funds for cultural relics protection via donation and other forms for special use in cultural relics protection, and no unit or individual may take into their own possession or misappropriate the fund.
Article 11 Cultural relics are non-renewable cultural resources. The State shall strengthen the publicity and education on cultural relics protection, enhance the civil sense of cultural relics protection, encourage the scientific research of cultural relics protection, and improve the scientific and technological level of cultural relics protection.
Article 12 The State shall give moral encouragement or material awards to units or individuals for any of the following performances:
1. serious implementation of the laws and regulations concerning cultural relics protection, with remarkable achievements in protecting cultural relics;
2. resolute struggle against criminal acts for protecting cultural relics;
3. donation of important cultural relics in individual's collection to the State or making donations for the cultural relics protection;
4. timely communication of information on, or delivery of, the cultural relics discovered, which facilitates their protection;
5. major contribution in archaeological excavations;
6. important inventions and innovations in, or other major contributions to, the science and techniques for the protection of cultural relics;
7. meritorious service in rescuing cultural relics in danger of being destroyed; or
8. long-time service and outstanding achievements in the field of cultural relics.
Chapter II Immovable Cultural Relics
Article 13 The administrative department of cultural relics under the State Council shall select, from among the historical and cultural sites protected at the levels of province, city and county, those of significant historical, artistic or scientific value as major historical and cultural sites protected at the national level, or shall directly designate such sites and report them to the State Council for approval and announcement.
Sites to be protected at the level of province shall be subject to the approval and announcement of the people's governments at the levels of province, autonomous region and municipality directly under the Central Government, and shall be reported to the State Council for the record.
Sites to be protected at the level of city and county shall be subject to the approval and announcement of the people's governments at the level of city divided into districts, autonomous prefecture and county, 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 that are not approved and announced as the protected historical and cultural sites shall be registered and announced by the administrative departments of cultural relics of the people's governments at the county level.
Article 14 A city with an unusual wealth of cultural relics of high historical value and major revolutionary significance may become a famous city of historical and cultural value, subject to the approval and announcement of the State Council.
A town, street or village with an unusual wealth of cultural relics of high historical value and major revolutionary significance may become a street, village or town of historical and cultural value, subject to the approval and announcement of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government, and shall be reported to the State Council for the record.
The local people's governments at and above the county level of the places where the famous cities, streets, villages and towns of historical and cultural value are located shall organize the compilation of plans on protection of those famous cities, streets, villages and towns, and bring that planning into the overall city planning.
The measures for the protection of famous cities, streets, villages and towns of historical and cultural value shall be formulated by the State Council.
Article 15 The people's governments of various provinces, autonomous regions, and municipalities directly under the Central Government and of cities and counties shall delimit the necessary scope of protection, put up signs and notices, and establish records and files for the historical and cultural sites protected at different levels and shall, in the light of different circumstances, establish special organs or assign full-time personnel to be responsible for the administration of these sites.
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