Regulations of Beijing Municipality on the Protection and Administration of Cultural Relics

Chapter I General Provisions Article 1 These Regulations are formulated in light of the actual situation of this Municipality for the purpose of implementing the Law of People's Republic of China (PRC) Municipality on the Protection of Cultural Relics (hereinafter referred to as the Law) and strengthening the protection and management of cultural relics. Article 2 Within the administrative area of this Municipality, the following cultural relics with historical, artistic and scientific values are protected by the state:

(1) Sites of ancient culture, ancient tombs, ancient buildings, cave temples and stone carvings of historical, artistic and scientific value;

(two) buildings, sites and relics related to major historical events, revolutionary movements and famous people, which are of great commemorative, educational and historical value;

(3) Precious artworks and arts and crafts in different periods in history;

(four) important revolutionary documents and materials, as well as manuscripts and ancient books of 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.

Fossils of ancient vertebrates, fossils of ancient humans and ancient and famous trees with historical value and commemorative significance are protected by the state as well as cultural relics. Article 3 Cultural relics left under the ground and in the waters within the administrative area of this Municipality belong to the state.

Ancient cultural sites, ancient tombs and cave temples belong to the state. Memorial buildings, ancient buildings and stone carvings designated by the state for protection belong to the state, unless otherwise stipulated by the state.

Cultural relics collected by state organs, armed forces, enterprises and institutions owned by the whole people belong to the state. Article 4 The ownership of collectively owned and privately owned memorial buildings, ancient buildings and cultural relics handed down from generation to generation shall be protected by state laws. Owners of cultural relics must abide by the provisions of the state on the protection and management of cultural relics.

When the ownership of collectively-owned and privately-owned memorial buildings and ancient buildings changes, they must register with the cultural relics management authority. Article 5 The people's governments at all levels in this Municipality shall protect the cultural relics within their respective administrative areas.

Any organization or individual has the obligation to protect national cultural relics. Chapter II Administration of Cultural Relics Article 6 The Beijing Municipal Bureau of Cultural Relics (hereinafter referred to as the Municipal Bureau of Cultural Relics) is the administrative organ of cultural relics in this Municipality and is in charge of the protection and administration of cultural relics in this Municipality.

District and county cultural relics administrative organs, under the guidance of the Municipal Bureau of Cultural Relics, are responsible for the protection and management of cultural relics in this district and county. Seventh gardens, religion, housing management, education and other administrative organs shall, under the supervision and guidance of the administrative organs of cultural relics, strengthen the management of the units that use cultural relics and do a good job in the protection of cultural relics according to law. Article 8 Cultural relics protection units approved in accordance with the Law on the Protection of Cultural Relics shall set up special institutions or be equipped with full-time or part-time personnel according to different situations, and be responsible for the protection and management of cultural relics protection units under the guidance of cultural relics administrative organs. Article 9 The Municipal People's Government shall appoint experts, scholars and responsible persons of relevant departments to set up the Municipal Cultural Relics and Monuments Protection Committee to assist the Municipal People's Government in studying and deliberating major issues in the management of cultural relics protection. Chapter III Funds for the Protection and Management of Cultural Relics Article 10 Funds for the protection and management of cultural relics shall be included in the financial budgets of the city, district and county respectively. Eleventh people's governments at all levels and cultural relics administrative organs should raise funds through various channels for the protection and repair of cultural relics. Twelfth the establishment of cultural relics protection fund, the specific measures shall be formulated by the Municipal People's government. Thirteenth domestic and foreign organizations and individuals are encouraged to donate voluntarily to develop cultural relics. Fourteenth cultural relics protection and management funds shall not be used for other purposes. Chapter IV Cultural Relics Protection Units Article 15 Cultural relics protection units within the administrative area of this Municipality are divided into national key cultural relics protection units, municipal cultural relics protection units and district and county cultural relics protection units.

Municipal cultural relics protection units, proposed by the Municipal Bureau of Cultural Relics, approved by the Municipal People's government, reported to the State Council for the record.

District and county-level cultural relics protection units are proposed by the district and county cultural relics administrative organs, reviewed by the Municipal Cultural Relics Bureau, approved and promulgated by the district and county people's governments, and reported to the Municipal People's government for the record. Article 16 The revocation of a district or county-level cultural relics protection unit must be approved by the Municipal Cultural Relics Bureau and reported to the people's government that originally approved the announcement. Seventeenth district and county people's governments may declare cultural relics with undetermined protection value as temporary insurance places and protect them as district and county cultural relics protection units.

The appraisal of the temporary insurance position of cultural relics must be completed within two years after it is announced. According to the appraisal results, it is declared as a district-level cultural relics protection unit or revoked. If it is not announced within the time limit, the temporary insurance position will be naturally revoked. Eighteenth cultural relics that have not been approved as cultural relics protection units or temporary insurance sites for cultural relics, the Municipal Bureau of Cultural Heritage may require the relevant units to take protective measures when necessary, and make a timely decision in conjunction with the relevant municipal departments. Nineteenth cultural relics protection units at all levels shall delimit the necessary scope of protection according to law, and delimit certain construction control zones according to actual needs.

The scope of protection and construction control zones of national key cultural relics protection units and municipal cultural relics protection units shall be delineated by the Municipal Bureau of Cultural Relics in conjunction with the Municipal Urban Planning Administration (hereinafter referred to as the Municipal Planning Bureau) and approved and promulgated by the Municipal People's Government.

The scope of protection and construction control zones of district and county-level cultural relics protection units shall be delineated by the district and county cultural relics administrative organs jointly with the district and county planning administrative organs, and shall be approved and promulgated by the district and county people's governments with the consent of the Municipal Bureau of Cultural Relics and the Municipal Planning Bureau.