Article 2 In People's Republic of China (PRC), the following cultural relics are protected by the state:
(1) Sites of ancient culture, ancient tombs, ancient buildings, cave temples, stone carvings and murals of historical, artistic and scientific value;
(2) Important historical sites, objects and representative buildings related to major historical events, revolutionary movements or famous figures in modern times, which have important commemorative significance, educational significance or historical value;
(3) Precious artworks and arts and crafts in different periods in history;
(four) important documents in different historical periods, manuscripts and books with historical, artistic and scientific value. ;
(five) representative objects reflecting the social systems, social production and social life of various times and ethnic groups in history.
The standards and measures for cultural relics appraisal shall be formulated by the administrative department of cultural relics of the State Council and submitted to the State Council for approval.
Vertebrate paleontology and ancient human fossils with scientific value are protected by the state as well as cultural relics.
Article 3 Immovable cultural relics such as ancient cultural sites, ancient tombs, ancient buildings, cave temples, stone carvings, murals, important historical sites in modern times and representative buildings can be designated as national key cultural relics protection units, provincial cultural relics protection units and municipal and county cultural relics protection units respectively according to their historical, artistic and scientific values.
Movable cultural relics such as important physical objects, artworks, documents, manuscripts, books and materials, and representative physical objects in various periods in history are divided into precious cultural relics and general cultural relics; Precious cultural relics are divided into first-class cultural relics, second-class cultural relics and third-class cultural relics.
Article 4 The policy of giving priority to protection, giving priority to rescue, making rational use and strengthening management shall be followed in the work of cultural relics.
Article 5 All cultural relics in People's Republic of China (PRC)'s underground, inland waters and territorial waters belong to the state.
Ancient cultural sites, ancient tombs and cave temples belong to the state. Immovable cultural relics such as memorial buildings, ancient buildings, stone carvings, murals and modern representative buildings designated by the state belong to the state unless otherwise stipulated by the state.
The ownership of state-owned immovable cultural relics does not change with the change of ownership or use right of the land to which it is attached.
The following movable cultural relics belong to the state:
(a) cultural relics unearthed in China, except as otherwise provided by the state;
(2) Cultural relics collected and kept by state-owned cultural relics collection units and other state organs, armed forces and state-owned enterprises and institutions;
(3) Cultural relics collected and purchased by the state;
Cultural relics donated by citizens, legal persons and other organizations to the state;
(five) other cultural relics owned by the state according to law.
The ownership of movable cultural relics owned by the state shall not change due to the termination or change of the storage and collection units.
The ownership of state-owned cultural relics is protected by law and inviolable.
Article 6 The ownership of collectively owned and privately owned memorial buildings, ancient buildings, ancestral cultural relics and other cultural relics obtained according to law shall be protected by law. Owners of cultural relics must abide by the laws and regulations of the state on the protection of cultural relics.
Article 7 All organs, organizations and individuals have the obligation to protect cultural relics according to law.
Eighth the State Council cultural relics administrative departments in charge of national cultural relics protection.
Local people's governments at all levels are responsible for the protection of cultural relics within their respective administrative areas. The departments of the local people's governments at or above the county level that undertake the protection of cultural relics shall supervise and manage the protection of cultural relics within their respective administrative areas.
The relevant administrative departments of the people's governments at or above the county level shall be responsible for the protection of cultural relics within the scope of their respective duties.
Ninth people's governments at all levels should pay attention to the protection of cultural relics, correctly handle the relationship between economic construction, social development and cultural relics protection, and ensure the safety of cultural relics.
Capital construction and tourism development must abide by the policy of cultural relics protection, and their activities shall not cause damage to cultural relics.
Public security organs, administrative departments for industry and commerce, customs, urban and rural construction planning departments and other relevant state organs shall conscientiously perform their duties of protecting cultural relics according to law and maintain the order of cultural relics management.
Article 10 The State develops the cause of cultural relics protection. The people's governments at or above the county level shall incorporate the cause of cultural relics protection into the national economic and social development plan at the corresponding level, and the required funds shall be included in the fiscal budget at the corresponding level.
The state's financial allocation for cultural relics protection increases with the increase of fiscal revenue.
The institutional income of state-owned museums, memorial halls and cultural relics protection units shall be earmarked for cultural relics protection, and no unit or individual may occupy or misappropriate it.
The state encourages the establishment of social funds for the protection of cultural relics through donations, etc., which are used exclusively for the protection of cultural relics, and no unit or individual may occupy or misappropriate them.
Article 11 Cultural relics are non-renewable cultural resources. The state strengthens publicity and education on cultural relics protection, enhances the awareness of the whole people on cultural relics protection, encourages scientific research on cultural relics protection, and improves the scientific and technological level of cultural relics protection.
Twelfth units or individuals who have the following deeds shall be given moral encouragement or material rewards by the state:
(a) conscientiously implement the laws and regulations on the protection of cultural relics and make remarkable achievements in the protection of cultural relics;
(2) Resolutely fighting against illegal and criminal acts of protecting cultural relics;
(3) donating important cultural relics collected by individuals to the state or for the cause of cultural relics protection;
(four) the discovery of cultural relics is reported or handed in in time, so that cultural relics can be protected;
(5) Having made significant contributions to archaeological excavations;
(six) there are important inventions or other important contributions in the science and technology of cultural relics protection;
(seven) in the face of the danger of destruction of cultural relics, the rescue of cultural relics;
(eight) engaged in cultural relics work for a long time and made remarkable achievements.
Chapter II Immovable Cultural Relics
Thirteenth the State Council cultural relics administrative departments in the provincial, municipal and county-level cultural relics protection units, choose to have great historical, artistic and scientific value identified as national key cultural relics protection units, or directly identified as national key cultural relics protection units, reported to the State Council for approval and promulgation.
Provincial cultural relics protection units shall be approved and promulgated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record.
City and county cultural relics protection units shall be approved and promulgated by the people's governments of cities, autonomous prefectures and counties divided into districts respectively, and reported to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record.
Immovable cultural relics that have not been approved for publication as cultural relics protection units shall be registered and published by the cultural relics administrative department of the people's government at the county level.
Fourteenth cities with particularly rich cultural relics and great historical value or revolutionary commemorative significance shall be approved and announced as famous historical and cultural cities by the State Council.
Towns, streets and villages with particularly rich cultural relics and great historical value or revolutionary commemorative significance shall be approved and announced as historical and cultural blocks and historical and cultural villages by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and reported to the State Council for the record.
The local people's governments at or above the county level where historical and cultural cities, historical and cultural blocks and towns are located shall organize the preparation of special protection plans for historical and cultural cities, historical and cultural blocks and towns, and incorporate them into the overall urban planning.
Measures for the protection of historical and cultural cities, historical and cultural blocks and villages and towns shall be formulated by the State Council.
Article 15 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the people's governments of cities and counties shall delimit the necessary scope of protection, make signs and explanations, establish records and files, and set up special institutions or special personnel to be responsible for management according to different situations. The protection scope and records of national key cultural relics protection units shall be reported by the cultural relics administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to the cultural relics administrative departments of the State Council for the record.
The cultural relics administrative department of the local people's government at or above the county level shall, according to the protection needs of different cultural relics, formulate specific protection measures for cultural relics protection units and immovable cultural relics that have not been approved as cultural relics protection units, and announce their implementation.
Article 16 When people's governments at all levels formulate urban and rural construction plans, they shall, according to the needs of cultural relics protection, agree in advance on the protection measures of cultural relics protection units at all levels within their respective administrative areas by the urban and rural construction planning departments and the cultural relics administrative departments, and incorporate them into the plans.
Seventeenth cultural relics protection units shall not carry out other construction projects or blasting, drilling, excavation and other operations within the scope of protection. However, if it is necessary to carry out other construction projects or operations such as blasting, drilling and excavation within the scope of protection of cultural relics protection units due to special circumstances, it must ensure the safety of cultural relics protection units and obtain the consent of the people's government that approved the publication of cultural relics protection units before approval; Blasting, drilling, excavation and other construction projects or operations within the protection scope of national key cultural relics protection units must be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and the consent of the cultural relics administrative department of the State Council must be obtained before approval.
Eighteenth according to the actual needs of cultural relics protection, with the approval of the people's governments of provinces, autonomous regions and municipalities directly under the central government, a certain construction control zone can be drawn around the cultural relics protection units and announced.
Carrying out construction projects in the construction control zone of cultural relics protection units shall not destroy the historical features of cultural relics protection units; The engineering design scheme shall be submitted to the urban and rural construction planning department for examination and approval after being approved by the corresponding cultural relics administrative department according to the level of cultural relics protection units.
Nineteenth in the scope of protection and construction control zone of cultural relics protection units, no facilities that pollute the cultural relics protection units and their environment shall be built, and no activities that may affect the safety and environment of cultural relics protection units shall be carried out. Existing facilities that pollute cultural relics protection units and their environment should be treated within a time limit.
Twentieth construction site selection, should try to avoid immovable cultural relics; If it is unavoidable due to special circumstances, the cultural relics protection unit shall, as far as possible, implement in-situ protection.
In case of in-situ protection, the construction unit shall determine the protection measures in advance, report to the corresponding cultural relics administrative department for approval according to the level of cultural relics protection units, and incorporate the protection measures into the feasibility study report or design task book.
If it is impossible to protect the original site and needs to be removed for protection or demolition, it shall be reported to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval; The relocation or removal of provincial cultural relics protection units shall be approved by the administrative department of cultural relics of the State Council. National key cultural relics protection units shall not be dismantled; Need to move, must be approved by the people's governments of provinces, autonomous regions and municipalities directly under the central government in the State Council.
Murals, sculptures, building components, etc. State-owned immovable cultural relics demolished in accordance with the provisions of the preceding paragraph shall be collected by cultural relics collection units designated by the cultural relics administration department.
The cost of site protection, relocation and demolition as stipulated in this article shall be included in the construction project budget by the construction unit.