中华人民共和国文物保护法实施细则 RULES FOR THE IMPLEMENTATION OF THE LAW OF THE PEOPLES REPUBLIC OF CHINA ON THE PRO

国函（1992）41号
（Approved by the State Council on April 30， 1992 and promulgated by Decree No. 2 of the State Bureau of Cultural Relics on May 5， 1992）
颁布日期：19920505 　实施日期：19920505 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 These Rules for the Implementation are formulated in accordance with the Law of the People's Republic of China on Protection of Cultural Relics （hereinafter referred to as Law on Protection of Cultural Relics）。

　　Article 2 The cultural relics such as sites related to revolutionary history， memorial buildings， sites of ancient culture， ancient tombs， ancient architectural structures， cave temples and stone carvings are classified into major sites to be protected for their historical and cultural value at the national level， sites to be protected for their historical and cultural value at the level of provinces， autonomous regions， municipalities directly under the Central Government and sites to be protected for their historical and cultural value at the level of counties， autonomous counties and cities.

　　Cultural relics such as memorial objects， works of art， handicraft articles， revolutionary documents， manuscripts， ancient or old books and materials， and typical material objects are classified into valuable cultural relics and ordinary cultural relics. Valuable cultural relics are classified into Grades One， Two， and Three.

　　Article 3 The State department for cultural administration in charge of the work concerning cultural relics throughout the country specified in Article 3 of the Law on Protection of Cultural Relics refers to the State Bureau of Cultural Relics. The State Bureau of Cultural Relics shall administer， supervise and guide the work concerning protection of cultural relics throughout the country according to law.

　　Local people's governments at various levels shall place under their protection cultural relics in their respective administrative areas.

　　The organs for protection and control of cultural relics set up by the local people's governments at the level of county and at various levels higher than it are the administrative departments of cultural relics； where there are no organs for protection and control of cultural relics， the departments for cultural administration are the administrative departments of cultural relics. The administrative departments of cultural relics at various levels administer the work concerning the cultural relics within their respective administrative areas.

　　Article 4 The public security organs， the administrative departments for industry and commerce， the departments in charge of urban and rural planning and the Customs at various levels shall， in accordance with the provisions of the Law on the Protection of Cultural Relics， and within their respective competence， see to it that the work concerning protection of cultural relics be well done.

　　Article 5 The operating expenses for cultural relics undertakings and the capital construction for cultural relics shall be listed in the respective financial budgets of the financial departments of the people's governments at the level of county and at the various levels higher than it and administered in a unified manner by the administrative departments of cultural relics at the same level. The expenditure of capital construction for cultural relics， the expenses for repair and maintenance and the expenses for archaeological excavations shall be earmarked as special funds for such specified purposes only and be controlled strictly. All the incomes of the cultural relics institutions and enterprises which belong to the administrative departments of cultural relics at various levels shall be used for cultural relics undertakings only as supplementary funds for protection and control of cultural relics， and may not be used for any other purposes.

　　Chapter II Sites to Be Protected for Their Histori

cal and Cultural Value

　　Article 6 Sites to be protected for their historical and cultural value at different levels shall be approved and publicly announced in accordance with the procedures specified in Article 7 of the Law on Protection of Cultural Relics. Cultural relics which face under those listed in paragraph 1 of Article 7 of the Law on Protection of Cultural Relics but are not yet publicly announced as sites to be protected for their historical and cultural value shall be registered and protected by the people's governments of the relevant counties， autonomous counties or cities.

　　Article 7 The protective scope of sites to be protected for their historical and cultural value at various levels shall， in accordance with the provisions of Article 9 of the Law on Protection of Cultural Relics， be delimited and signs and notices be put up within a year from the date of approval and announcement.

　　The protective scope of major sites to be protected for their historical and cultural value at the national level and 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 delimited and announced by the people's governments of provinces， autonomous regions， and municipalities directly under the Central Government.

　　The protective scope of sites to be protected for their historical and cultural value at the level of counties， autonomous counties and cities shall be delimited and announced by the people's governments at the same level.

　　Article 8 The local people's governments at the level of county or above shall prescribe the concrete protective measures for historical and cultural sites to be protected in accordance with the different needs for protection of cultural relics， and promulgate them for implementation.

　　The protective measures for major sites to be protected for their historical and cultural value at national level and at the level of provinces， autonomous regions and municipalities directly under the Central Government shall be prescribed by the people's governments of provinces， autonomous regions and municipalities directly under the Central Government.

　　The protective measures for the historical cultural sites to be protected at the level of counties， autonomous counties and cities shall be prescribed by the people's governments of counties， autonomous counties and cities.

　　Article 9 Special administrative institutes for protection， such as preservation institutes of cultural relics or museums， may be set up for memorial buildings and ancient architectural structures owned by the State at the places designated as sites to be protected for their historical and cultural value by the administrative departments for cultural relics， the units which use them or their administrative departments at higher levels， and shall take charge of the protection. Where there are no special administrative institutes for protection， the relevant people's governments at the levels of county or above shall instruct the units which use sites to be protected for their historical and cultural value or the relevant departments to take charge of the protection or invite guardians for the protection of cultural relics to take charge thereof.

　　Article 10 The units which use cultural relics listed in paragraph 1 in Article 7 of the Law on Protection of Cultural Relics shall set up mass protective organizations for cultural relics； where there are no using units， villager's committees or resident's committees nearby may set up mass protective organizations for cultural relics to protect the cultural relics. The administrative departments for cultural relics shall give guidance to such mass protective organizations in their activities.

　　Article 11 The opening of a site to be protected for its historical and cultural value to the public sh

all be in conformity with the requirements prescribed by the State Bureau of Cultural Relics and reported to the administrative department for cultural relics at the level corresponding the relic level for approval.

　　Article 12 On the basis of the actual needs for the protection of cultural relics， an area for the control of construction may be delimited and announced around a site to be protected for its historical and cultural value.

　　The area for the control of construction around a major site to be protected at the national level or a site to be protected at the level of province， autonomous region or municipality directly under the Central Government shall be delimited by the administrative department for cultural relics of the people's government of the relevant province， autonomous region or municipality directly under the Central Government in conjunction with the departments for urban and rural planning and reported to the people's government of the province， autonomous region or municipality directly under the Central Government for approval.

　　The area for the control of construction around a site to be protected at the level of county， autonomous county or city shall be delimited by the administrative department for cultural relics of the people's government of the relevant county， autonomous county or city in conjunction with the departments for urban and rural planning and reported to the people's government of the province， autonomous region or municipality directly under the Central Government for approval or to the people's government of the county， autonomous county or city authorized by the people's government of the province， autonomous region or municipality directly under the Central Government for approval.

　　Article 13 In an area for the control of construction， the installation of

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