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
2009-03-24 法律英语 来源:互联网 作者: ℃The design for the construction of new buildings or structures in an area for the control of construction shall be, on the basis of the level of the site to be protected for its historical and cultural value, agreed to by the administrative department for cultural relics at the same level before it is submitted to the departments of urban and rural planning at that level for approval.
Article 14 Totally ruined cultural relics such as ruined memorial buildings and ancient architectural structures may not be reconstructed. Where the reconstruction of such sites is necessary at other places or at the original places owing to special needs, consent must be obtained from the original verifying and approving departments, according to the level of sites to be protected for their historical and cultural value.
Article 15 The repairing plans and the designing and working programs for the major sites to be protected for their historical and cultural value at the national level and those for the sites to be protected at the level of provinces, autonomous regions and municipalities directly under the Central Government, which the State Bureau of Cultural Relics deems it necessary to be examined and approved by the Bureau itself shall be examined and approved by the State Bureau of Cultural Relics.
The repairing plans and the designing and working programs for the sites to be protected at the level of provinces, autonomous regions, and municipalities directly under the Central Government and at the level of counties, autonomous counties and cities shall be examined and approved by the administrative departments for cultural relics of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
The repair and protection projects for cultural relics sha
ll be subjected to the supervision and guidance of the examining and approving department. The completion of the projects shall be reported to the same department for check and acceptance.
Article 16 The units for exploration and designing and the units of construction in charge of the repair and protection projects for cultural relics shall observe the relevant regulations of the State and ensure the quality of the projects.
Article 17 The concrete measures on control of the repair and protection projects for cultural relics shall be formulated by the State Bureau of Cultural Relics.
Chapter III Archaeological Excavations
Article 18 A procedure of submitting applications for approval must be fulfilled for all archaeological excavations. The archaeological excavation units shall submit their respective archaeological excavation applications to the State Bureau of Cultural Relics through the administrative departments for cultural relics of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or directly to the State Bureau of Cultural Relics for examination and approval in accordance with the provisions in Article 17 or Article 19 of the Law on Protection of Cultural Relics. The State Bureau of Cultural Relics, in approving the archaeological excavation plans directly submitted to it, shall solicit opinions from the administrative departments for cultural relics of the people's governments of the relevant provinces, autonomous regions and municipalities directly under the Central Government.
Article 19 The archaeological excavation units shall submit their archaeological excavation plans for each year to the State Bureau of Cultural Relics in the first quarter of the year. The archaeological excavation plans to be carried out in coordination with construction projects may be submitted to the State Bureau of Cultural Relics 30 days before the excavation.
In a case where the pressing time limit for the completion of a construction project or an imminent danger of natural damage requires urgent excavation, it is permissible to start with the approval of the administrative department for cultural relics of the people's government of the relevant province, autonomous region or municipality directly under the Central Government and then submit a retroactive excavation plan within 15 days as of the date of the excavation.
Article 20 In the course of archaeological excavation, the archaeological excavation units and their staff members shall strictly abide by the rules of archaeological work and ensure the quality of excavation.
When submitting their applications for excavation, the archaeological excavation units shall set forth protective measures to ensure the security of cultural relics unearthed and the historical remains, and shall strictly carry out them while engaging in the work of excavation.
Article 21 The work concerning the investigation and prospecting of cultural relics to be carried out in coordination with a construction project shall be organized and conducted 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. The work with respect to the investigation and prospecting of cultural relics involving two or more provinces, autonomous regions and municipalities directly under the Central Government shall be jointly organized and conducted by the administrative departments for cultural relics of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government where the cultural relics are located or by the State Bureau of Cultural Relics.
Article 22 Where sites of ancient culture and ancient tombs are found during the construction and require timely excavation, the administrative depar
tment of the relevant province, autonomous region or municipality directly under the Central Government shall organize the forces to conduct the excavation without delay. The work concerning archaeological excavation within the scope of an especially important construction project or a construction project involving two or more provinces, autonomous regions and municipalities directly under the Central Government shall be organized and conducted by the State Bureau of Cultural Relics, and the construction shall not proceed until the completion of the excavation.
Article 23 In the course of an archaeological excavation engaged in coordination with a construction project, the building units and the construction units shall cooperate with the archaeological excavation units in protecting the security of the unearthed cultural relics or sites.
Article 24 The qualifications of an archaeological excavation unit or team head in charge of an archaeological excavation item shall be examined and acknowledged by the State Bureau of Cultural Relics and a certificate shall be issued.
The qualifications of an archaeological prospecting unit or team|head in charge of an archaeological prospecting shall be examined and acknowledged 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 and a certificate shall thereby be issued.
Article 25 Upon completion of an excavation, the archaeological excavation unit shall timely write out a report on the excavation and work out a list of the unearthed cultural relics.
The State Bureau of Cultural Relics or the administrative departments for cultural relics of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, on the basis of condition of protection and control and the actual needs, designate museums, libraries or other institutions under ownership by the whole people (hereinafter referred to as collection units of cultural relics under ownership by the whole people) to store up the cultural relics unearthed. An approval from the State Bureau of Cultural Relics or the administrative department for cultural relics of the people's government of the relevant province, autonomous region or municipality directly under the Central Government is required, where an archaeological excavation unit has the need to keep cultural relics as specimens.
Chapter IV Cultural Relics in the Collection of Cultural Institutions
Article 26 Cultural relics collected by the collection units of cultural relics under ownership of the whole people shall be registered with the relevant administrative department of cultural relics. The administrative departments for cultural relics of the people's governments of counties, autonomous counties and cities shall report the files of the registered valuable cultural relics to the administrative departments for cultural relics of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record. The files of Grade One cultural relics registered by the administrative departments for cultural relics of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be reported to the State Bureau of Cultural Relics for the record. The specific measures shall be formulated by the State Bureau of Cultural Relics.
Article 27 The collection units of cultural relics under ownership by the whole people shall be equipped with the facilities and means needed to ensure the security
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