中华人民共和国文物保护法 LAW OF THE PEOPLES REPUBLIC OF CHINA ON THE PROTECTION OF CULTURAL RELICS

（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） （Editor's Note： For the revised text， see Decision of the Standing Committee of the National People's Congress Regarding the Revision of Article 30 and Article 31 of the Law of the People's Republic of China on the Protection of Cultural Relics promulgated by Order No. 47 of the President of the People's Republic of China on June 29， 1991）
时效性：已被修正　 颁布日期：19821119 　实施日期：19821119 　失效日期：19910629 　颁布单位：全国人大常委会

　　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 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 ways 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 a

nd 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 level sand 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 projec

t 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.

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