|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Laws of the People's Republic of China |
[Database Search] [Name Search] [Noteup] [Help]
| Category | CULTURE | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | With An Amendment Existing |
| Date of Promulgation | 1982-11-19 | Effective Date | 1982-11-19 |
|
Law of the People's Republic of China on the Protection of Cultural Relics |
|---|
Chapter I General Provisions
Chapter II Sites to be Protected for Their Historical and Cultural
Value
Chapter III Archaeological Excavations
Chapter IV Cultural Relics in the Collection of Cultural Institutions
Chapter V Cultural Relics in Private Collections
Chapter VI Taking Cultural Relics out of China
Chapter VII Awards and Penalties
Chapter VIII Supplementary Provisions Article 1 This Law is formulated with a view to strengthening state Article 2 The state shall place under its protection, within the (1) sites of ancient culture, ancient tombs, ancient architectural (2) buildings, memorial sites and memorial objects related to major (3) valuable works of art and handicraft articles dating from various (4) important revolutionary documents as well as manuscripts and ancient (5) typical material objects reflecting the social system, social The criteria and measures for the verification of cultural relics shall be Fossils of paleovertebrates and paleoanthropoids of scientific value shall Article 3 The state department for cultural administration shall take Local people's governments at various levels shall place under their All government organs, public organizations and individuals have the Article 4 All cultural relics remaining underground or in the inland Sites of ancient culture, ancient tombs and cave temples shall be owned by Memorial buildings, ancient architectural structures, stone carvings, etc., Cultural relics in the collection of state organs, armed forces, Article 5 Ownership of memorial buildings, ancient architectural Article 6 The expenses for the protection and control of cultural relics Article 7 Cultural relics, such as sites related to revolutionary Sites to be protected for their historical and cultural value at the level Sites to be protected for their historical and cultural value at the level The state department for cultural administration shall select, from among Article 8 Cities with an unusual wealth of cultural relics of high Article 9 The people's governments of provinces, autonomous regions, and Article 10 When drawing up plans for urban and rural construction, the Article 11 No additional construction project may be undertaken within Article 12 On the basis of the actual needs for the protection of Article 13 While choosing a construction site and designing a project, if Any removal or dismantling involving a site to be protected for its Article 14 The principle of keeping the cultural relics in their original Article 15 If it is necessary to use a memorial building or an ancient Article 16 The procedure of submitting reports for approval must be Article 17 To conduct archaeological excavations for the purpose of Archaeological excavation programmes which have to be carried out at the Article 18 Before carrying out a large-scale capital construction While carrying out capital construction or agricultural production, any Article 19 With regard to archaeological excavations which have to be Article 20 The expenses and workforce needed for the prospecting for Article 21 No foreign national or foreign organization may engage in Article 22 Museums, libraries and other institutions under ownership by Local departments for cultural administration at various levels shall Article 23 Sales of cultural relics in the collection of museums, Article 24 Cultural relics in private collections may be purchased by Article 25 The resale of cultural relics in private collections at a Article 26 Banks, smelteries, paper mills and departments for the Important cultural relics confiscated according to law by public security Article 27 Cultural relics to be exported or to be taken out of the Article 28 It shall be prohibited to take out of the country any cultural Article 29 The state shall give appropriate moral encouragement or (1) serious implementation of the policies, laws and regulations (2) resolute struggle against criminal acts, in the interest of protecting (3) donation of important cultural relics in one's own collection to the (4) timely communication of information on, or delivery of, the cultural (5) important inventions and innovations in, or other major contributions (6) meritorious service in rescuing cultural relics in danger of being (7) long-time service and outstanding achievements in the field of Article 30 Administrative sanctions shall be applied to those who have (1) hiding cultural relics discovered underground, in inland waters, in (2) buying or selling cultural relics without the approval of the (3) selling cultural relics in private collections to foreigners without Article 31 Persons who commit any of the following acts shall be (1) misappropriating or stealing cultural relics of the state; (2) serious cases of smuggling valuable cultural relics out of the country (3) wilful damage of valuable cultural relics or places of cultural and (4) serious damage of or serious losses to valuable cultural relics caused Those who excavate sites of ancient culture or ancient tombs without Those who sell valuable cultural relics in private collections to Personnel working in the field of cultural relics who steal cultural Article 32 The state department for cultural administration shall, in Measures governing the production of replicas, rubbings and photographs Article 33 This Law shall come into force on the day of its promulgation.
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
Chapter I General Provisions
protection of cultural relics, contributing to the development of scientific
research, inheriting the splendid historical and cultural legacy of our
nation, conducting education in patriotism and in the revolutionary tradition,
and building a socialist society with an advanced culture and ideology.
boundaries of the People's Republic China, the following cultural relics of
historical, artistic or scientific value:
structures, cave temples and stone carvings that are of historical, artistic
or scientific value;
historical events, revolutionary movements or famous people that are highly
memorable or are of great significance for education or for the preservation
of historical data;
historical periods;
or old books and materials, etc., that are of historical, artistic or
scientific value; and
production or the life of various nationalities in different historical
periods.
formulated by the state department for cultural administration, which shall
report them to the State Council for approval.
be protected by the state in the same way as cultural relics.
charge of the work concerning cultural relics throughout the country.
protection cultural relics in their respective administrative areas.
Provinces, autonomous regions, and municipalities directly under the Central
Government as well as autonomous prefectures, counties, autonomous counties
and cities where there are relatively large amounts of cultural relics may set
up organs for the protection and control of the cultural relics within their
respective administrative areas.
obligation to protect the country's cultural relics.
waters or territorial seas within the boundaries of the People's Republic of
China shall be owned by the state.
the state.
designated for protection by the state, unless governed by other state
regulations, shall be owned by the state.
enterprises owned by the whole people and public institutions shall be owned
by the state.
structures and cultural relics handed down from generation to generation which
belong to collectives or individuals shall be protected by state laws. Owners
of the cultural relics must abide by the relevant state regulations governing
the protection and control of cultural relics.
shall be listed in the budgets of the central and local governments.
Chapter II Sites to be Protected for Their Historical and Cultural Value
history, memorial buildings, sites of ancient culture, ancient tombs, ancient
architectural structures, cave temples, stone carvings, etc., shall be
designated as sites to be protected for their historical and cultural value at
different levels according to their historical, artistic or scientific value.
of counties, autonomous counties and cities shall be approved and announced by
the people's governments at the same level and reported to the people's
governments of provinces, autonomous regions, or municipalities directly under
the Central Government for the record.
of provinces, autonomous regions, and municipalities directly under the
Central Government shall be approved and announced by the people's governments
at the same level and reported to the State Council for the record.
the sites to be protected at different levels, those which have a significant
historical, artistic or scientific value as major sites to be protected at the
national level, or shall directly designate such sites and report them to the
State Council for approval and announcement.
historical value and major revolutionary significance shall be recommended to
the State Council by the state department for cultural administration together
with the department for urban and rural construction and environmental
protection to be approved and announced as famous cities of historical and
cultural value.
municipalities directly under the Central Government and of counties,
autonomous counties and cities shall delimit the necessary scope of
protection, put up signs and notices, and establish records and files for the
historical and cultural sites to be protected at different levels and shall,
in the light of different circumstances, establish special organs or assign
fulltime personnel to be responsible for the administration of these sites.
The scope of protection and records and files for the major sites to be
protected at the national level shall be reported by the departments for
cultural administration of the provinces, autonomous regions, and
municipalities directly under the Central Government to the state department
for cultural administration for the record.
people's governments at various levels must see to it that protective measures
for the historical and cultural sites to be protected at different levels are
first worked out through consultation between the departments for urban and
rural planning and the departments for cultural administration and that such
measures are included in the plans.
the scope of protection for a historical and cultural site. In case of a
special need, consent must be obtained from the people's government which made
the original announcement on the designation of such a site and from the
department for cultural administration at the next higher level. If an
additional construction project is to be undertaken within the scope of
protection for a major historical and cultural site to be protected at the
national level, consent must be obtained from the people's government of the
relevant province, autonomous region, or municipality directly under the
Central Government and from the state department for cultural administration.
cultural relics and with the approval of the people's government of a
province, an autonomous region or a municipality directly under the Central
Government, a certain area for the control of construction may be delimited
around a site to be protected for its historical and cultural value.
Construction of new buildings or other structures in such an area shall not
deform the environmental features of the historical and cultural site. The
design for construction must be agreed to by the department for cultural
administration before it is submitted to the department for urban and rural
planning for approval.
the project involves a site to be protected for its historical and cultural
value, the construction unit shall first work out the protective measures
jointly with the department for cultural administration of a province, an
autonomous region, or a municipality directly under the Central Government or
of a county, an autonomous county or a city, and such measures shall be
written into the planning project description.
historical and cultural value, if considered specially necessary for a
project, shall be agreed to by the people's government at the same level as
the site itself and by the department for cultural administration at the next
higher level. Any removal or dismantling involving a major site to be
protected at the national level shall be referred to the State Council by the
people's government of a province, an autonomous region or a municipality
directly under the Central Government for decision. The expenses and workforce
required for the removal or dismantling shall be included in the investment
and labour plans of the construction unit.
state must be adhered to in the repairs and maintenance at the sites
designated as the ones to be protected for their historical and cultural value
and in any removal involving these sites, such as sites related to
revolutionary history, memorial buildings, ancient tombs, ancient
architectural structures, cave temples, stone carvings, etc. (including
attachments to the structures).
architectural structure owned by the state at a place designated as a site to
be protected for its historical and cultural value for purposes other than the
establishment of a museum, a cultural relics preservation institute or a
tourist site, the local department for cultural administration shall submit a
report for approval to the people's government which originally announced the
designation of such a site. If it is necessary to use for other purposes a
major site to be protected for its historical and cultural value at the
national level, the matter shall be agreed to by the people's government of a
province, an autonomous region, or a municipality directly under the Central
Government and shall be reported to the State Council for approval. The units
in charge of these sites as well as specially established organs, such as
museums, must strictly abide by the principle of keeping the cultural relics
in their original state, and must be responsible for the safety of the
buildings and of the affiliated cultural relics, and may not damage, rebuild,
extend or dismantle them. Units which use memorial buildings or ancient
architectural structures shall be responsible for the maintenance and repair
of these buildings or structures.
Chapter III Archaeological Excavations
performed for all archaeological excavations. No unit or individual may
conduct excavations without permission. The cultural relics unearthed, except
for those to be handed over, as may be necessary to scientific research
institutions for the purpose of research, shall be taken care of by units
designated by local departments for cultural administration, and no unit or
individual may take them into its or his own possession. With a view to
ensuring the safety of the cultural relics, conducting scientific research and
making full use of cultural relics, the departments for cultural
administration of provinces, autonomous regions, and municipalities directly
under the Central Government may, when necessary, transfer and use the
cultural relics within their respective administrative areas after reporting
to and securing the approval of the people's governments of these
administrative divisions; the state department for cultural administration
may, upon approval by the State Council, transfer and use major cultural
relics unearthed anywhere in the country.
scientific research, institutions in charge of cultural relics, institutions
for archaeological research and institutions of higher learning in the
provinces, autonomous regions, and municipalities directly under the Central
Government shall submit their excavation programmes to the state department
for cultural administration for joint examination with the Chinese Academy of
Social Sciences, and may not proceed with the excavations until they obtain
the approval of the state department for cultural administration.
major sites to be protected for their historical and cultural value at the
national level shall be submitted to the state department for cultural
administration for joint examination with the Chinese Academy of Social
Sciences before they are forwarded to the State Council for approval.
project, the construction unit shall first conduct investigation or
prospecting related to cultural relics, together with the department for
cultural administration of a province, an autonomous region or a municipality
directly under the Central Government, at places where such relics may
be buried underground within the area designated for the project. If cultural
relics are discovered in the course of investigation and prospecting, measures
for handling them should be jointly decided upon by the two parties through
consultation. In case of important discoveries, the department for cultural
administration of a province, an autonomous region or a municipality directly
under the Central Government shall submit timely reports for handling by the
state department for cultural administration.
unit or individual that discovers cultural relics shall immediately report the
discoveries to the local department for cultural administration. In case of
important discoveries, the local department for cultural administration must
submit timely reports for handling by the departments for cultural
administration at higher levels.
carried out along with a construction project, the department for cultural
administration of a province, an autonomous region or a municipality directly
under the Central Government shall submit an excavation programme based on
prospecting to the state department for cultural administration for joint
examination with the Chinese Academy of Social Sciences and for approval by
the department. In cases where the pressing time limit for the completion of
the project or the danger of natural damage makes it truly urgent to rescue
the sites of ancient culture and ancient tombs, the department for cultural
administration of a province, an autonomous region or a municipality directly
under the Central Government may organize people to proceed with the
excavations while going through the procedures to obtain approval.
cultural relics and archaeological excavations which have to be carried out
because of capital construction or construction for productive purposes shall
be included in the investment and labour plans of the construction units or
reported to planning departments at higher levels for proper arrangement.
archaeological investigations or excavations within the boundaries of the
People's Republic of China without special permission granted by the State
Council, on the basis of a report from the state department for cultural
administration.
Chapter IV Cultural Relics in the Collection of Cultural Institutions
the whole people must classify the cultural relics in their collection by
different grades, compile files for the relics kept by themselves, establish a
strict system of control and register the relics with the relevant department
for cultural administration.
compile files for the cultural relics in the collection of cultural
institutions in their respective administrative areas; the state department
for cultural administration shall compile files for Grade One cultural relics
of the state.
libraries and other institutions under ownership by the whole people shall be
prohibited. Transfers and exchanges among these institutions of the cultural
relics in their collection must be reported to the departments for cultural
administration for the record; transfers and exchanges of Grade One cultural
relics in their collection must be approved by the state department for
cultural administration. No unit or individual may have cultural relics
transferred without approval.
Chapter V Cultural Relics in Private Collections
units designated by the departments for cultural administration; no other unit
or individual may engage in the business of purchasing cultural relics.
profit shall be strictly forbidden, and so shall be the private sale of such
relics to foreigners.
recovery of old and waste materials shall assume responsibility, jointly with
the departments for cultural administration, for sorting out cultural relics
from among gold and silver articles and waste materials. The cultural relics
thus obtained, except for coins and other kinds of currency of past ages
which are needed by research institutes of the banks and which may be kept by
the banks, shall be turned over to and placed at the disposal of the
departments for cultural administration. The prices of the cultural relics
turned over shall be reasonably assessed.
organs, the Customs and the departments for the administration of industry and
commerce shall be turned over to the departments for cultural administration.
Chapter VI Taking Cultural Relics out of China
country by individuals must be declared to the Customs in advance and examined
by the department for cultural administration of a province, an autonomous
region or a municipality directly under the Central Government designated by
the state department for cultural administration before export certificates
are granted. Cultural relics leaving the country must be shipped out at
designated ports. Cultural relics which, after examination, are not permitted
to leave the country may be requisitioned by the state through purchase.
relics of significant historical, artistic or scientific value, with the
exception of those to be shipped abroad for exhibition with the approval of
the State Council.
Chapter VII Awards and Penalties
material awards to units or persons for any of the following deeds:
concerning cultural relics and remarkable achievements in protecting cultural
relics;
cultural relics;
state;
relics discovered, which facilitates their protection;
to, the science and techniques for the protection of cultural relics;
destroyed; and
cultural relics.
committed any of the following acts:
territorial seas or in other places and failing to report and deliver them to
the state, for which the persons involved shall be warned or fined by a public
security department and the cultural relics illegally acquired by them shall
be recovered;
departments for cultural administration, for which the persons involved shall
be warned or fined by the departments for the administration of industry and
commerce, and their illegal earnings and the cultural relics illegally handled
by them may be confiscated; or
permission, for which the persons involved shall be fined by the departments
for the administration of industry and commerce, and the cultural relics in
question and the illegal earnings derived therefrom may be confiscated.
investigated for criminal responsibility according to law:
or speculating in cultural relics;
historical interest under state protection; and
by the dereliction of duty on the part of state personnel.
permission are punishable for larceny.
foreigners without permission are punishable for smuggling valuable cultural
relics out of the country.
relics placed under their care shall be punished severely according to law.
Chapter VIII Supplementary Provisions
accordance with this Law, formulate rules for its implementation, which shall
come into force after being submitted to and approved by the State Council.
of cultural relics shall be formulated by the state department for cultural
administration.
On that same day, the Provisional Regulations on the Protection and Control of
Cultural Relics promulgated by the State Council in 1961 shall be invalidated.
This Law shall prevail in case of conflict with other existing provisions for
the protection and control of cultural relics.
URL: http://www.asianlii.org/cn/legis/cen/laws/pocr304