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(Adopted on November 19, 1982)
(Adopted at the 25th Meeting of the Standing Committee of the
Fifth National People's Congress and promulgated by Order No. 11
of the Standing Committee of the National People's Congress on,
and effective as of November 19, 1982)
CHAPTER I GENERAL PROVISIONS
Article 1 This Law is
formulated with a view to strengthening state 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.
Article 2 The state shall
place under its protection, within the boundaries of the People's
Republic of China, the following cultural relics of historical,
artistic or scientific value: (1) sites of ancient culture,
ancient tombs, ancient architectural structures, cave temples and
stone carvings that are of historical, artistic or scientific
value; (2) buildings, memorial sites and memorial objects related
to major 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; (3) valuable
works of art and handicraft articles dating from various
historical periods; (4) important revolutionary documents as well
as manuscripts and ancient or old 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 state department for
cultural administration, which shall report them 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 The state
department for cultural administration shall take charge of the
work concerning cultural relics throughout the country. Local
people's governments at various levels shall place under their
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. All government organs, public
organizations and individuals have the obligation to protect the
country's cultural relics.
Article 4 All cultural
relics remaining underground or in the inland waters or
territorial seas within the boundaries of the People's Republic of
China shall be owned by the state. Sites of ancient culture,
ancient tombs and cave temples shall be owned by the state.
Memorial buildings, ancient architectural structures, stone
carvings, etc., designated for protection by the state, unless
governed by other state regulations, shall be owned by the state.
Cultural relics in the collection of state organs, armed forces,
enterprises owned by the whole people and public institutions
shall be owned by the state.
Article 5 Ownership of
memorial buildings, ancient architectural 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.
Article 6 The expenses for
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
Article 7 Cultural relics,
such as sites related to revolutionary 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. Sites to be protected
for their historical and cultural value at the level 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. Sites to be protected for their historical and cultural
value at the level 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 state
department for cultural administration shall select, from among
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.
Article 8 Cities with an
unusual wealth of cultural relics of high 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.
Article 9 The people's
governments of provinces, autonomous regions, and 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 full-time
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.
Article 10 When drawing up
plans for urban and rural construction, the 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.
Article 11 No additional
construction project may be undertaken within 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.
Article 12 On the basis of
the actual needs for the protection of 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.
Article 13 While choosing
a construction site and designing a project, if 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. Any removal or dismantling involving a site
to be protected for its 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.
Article 14 The principle
of keeping the cultural relics in their original 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).
Article 15 If it is
necessary to use a memorial building or an ancient 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
Article 16 The procedure
of submitting reports for approval must be 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.
Article 17 To conduct
archaeological excavations for the purpose of 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. Archaeological
excavation programmes which have to be carried out at the 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.
Article 18 Before carrying
out a large-scale capital construction 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. While carrying out capital construction or
agricultural production, any 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.
Article 19 With regard to
archaeological excavations which have to be 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.
Article 20 The expenses
and workforce needed for the prospecting for 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.
Article 21 No foreign
national or foreign organization may engage in 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
Article 22 Museums,
libraries and other institutions under ownership by the whole
people must classify the cultural relics in their collection by
different grades, compile files for the relics kept by them,
establish a strict system of control and register the relics with
the relevant department for cultural administration. Local
departments for cultural administration at various levels shall
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.
Article 23 Sales of
cultural relics in the collection of museums, 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
Article 24 Cultural relics
in private collections may be purchased by units designated by the
departments for cultural administration; no other unit or
individual may engage in the business of purchasing cultural
relics.
Article 25 The resale of
cultural relics in private collections at a profit shall be
strictly forbidden, and so shall be the private sale of such
relics to foreigners.
Article 26 Banks,
smelteries, paper mills and departments for the 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. Important cultural
relics confiscated according to law by public security 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
Article 27 Cultural relics
to be exported or to be taken out of the 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.
Article 28 It shall be
prohibited to take out of the country any cultural 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
Article 29 The state shall
give appropriate moral encouragement or material awards to units
or persons for any of the following deeds: (1) serious
implementation of the policies, laws and regulations concerning
cultural relics and remarkable achievements in protecting cultural
relics; (2) resolute struggle against criminal acts, in the
interest of protecting cultural relics; (3) donation of important
cultural relics in one's own collection to the state; (4) timely
communication of information on, or delivery of, the cultural
relics discovered, which facilitates their protection; (5)
important inventions and innovations in, or other major
contributions to, the science and techniques for the protection of
cultural relics; (6) meritorious service in rescuing cultural
relics in danger of being destroyed; and (7) long-time service and
outstanding achievements in the field of cultural relics.
Article 30 Administrative
sanctions shall be applied to those who have committed any of the
following acts: (1) hiding cultural relics discovered underground,
in inland waters, in 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; (2) buying or selling cultural relics without
the approval of the 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 (3) selling cultural relics in
private collections to foreigners without 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.
Article 31 Persons who
commit any of the following acts shall be investigated for
criminal responsibility according to law: (1) misappropriating or
stealing cultural relics of the state; (2) serious cases of
smuggling valuable cultural relics out of the country or
speculating in cultural relics; (3) wilful damage of valuable
cultural relics or places of cultural and historical interest
under state protection; and (4) serious damage of, or serious
losses to valuable cultural relics caused by the dereliction of
duty on the part of state personnel. Those who excavate sites of
ancient culture or ancient tombs without permission are punishable
for larceny. Those who sell valuable cultural relics in private
collections to foreigners without permission are punishable for
smuggling valuable cultural relics out of the country. Personnel
working in the field of cultural relics who steal cultural relics
placed under their care shall be punished severely according to
law.
CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 32 The state
department for cultural administration shall, in accordance with
this Law, formulate rules for its implementation, which shall come
into force after being submitted to and approved by the State
Council. Measures governing the production of replicas, rubbings
and photographs of cultural relics shall be formulated by the
state department for cultural administration.
Article 33 This Law shall
come into force on the day of its promulgation. 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.
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