中华人民共和国文物保护法（修订） Law of the Peoples Republic of China on Protection of Cultural Relics

omous region， or municipality directly under the Central Government for approval； where a site protected for its historical and cultural value at the provincial level needs to be moved to another place or dismantled， consent of the administrative department for cultural relics under the State Council sh

all be obtained prior to approval. No major historical and cultural sites protected at the national level may be dismantled； where such a site needs to be moved to another place， the matter shall be reported by the people's government of the relevant province， autonomous region， or municipality directly under the Central Government to the State Council for approval.

　　Among the State-owned immovable cultural relics to be dismantled in accordance with the provisions of the preceding paragraph， the murals， carvings， building components， etc. which are worthy of collecting shall be collected by the institution for the collection of cultural relics designated by the administrative department for cultural relics.

　　The expenses required for protecting， moving to another place or dismantling an original site as provided for by this Article shall be included in the budget of the construction unit for the construction project.

　　Article 21 Users of State-owned immovable cultural relics shall be responsible for their repairs and maintenance； and the owners of the immovable cultural relics not owned by the State shall be responsible for their repairs and maintenance. Where the immovable cultural relics not owned by the State are in danger of damage and the owner cannot afford their repairs， the local people's government shall offer the owner assistance； and where the owner can afford their repairs but refuses to perform his obligation to repair them as required by law， the people's government at or above the county level may make emergency repairs and the expenses entailed shall be borne by the owner.

　　Repairs to be made for sites protected for their historical and cultural value shall， in correspondence with their different levels of protection， be subject to approval by the appropriate administrative department for cultural relics； and repairs to be made for the immovable cultural relics of the sites that are not yet verified as ones protected for their historical and cultural value shall be subject to approval by the administrative departments for cultural relics under the people's governments at the county level with which the sites are registered.

　　The repairs， removal， or reconstruction of a site protected for its historical and cultural value shall be undertaken by the unit that has obtained the qualification certificate for projects designed to protect cultural relics.

　　In the repairing， maintaining and removing immovable cultural relics， the principle of keeping the cultural relics in their original state shall be adhered to.

　　Article 22 Where immovable cultural relics are totally damaged， the ruins shall be protected and the damaged relics may not be rebuilt on the original site. However， where under special circumstances it is necessary to have such relics under the people's government of the relevant province， autonomous region， or municipality directly under the Central Government shall ask consent of the administrative department for cultural relics under the State Council before submitting the matter to the people's government of the relevant province， autonomous region， or municipality directly under the Central Government for approval； and where major site protected for its historical and cultural value at the national level needs to be rebuilt on the original site， the matter shall be submitted by the people's government of the relevant province， autonomous region， or municipality directly under the Central Government to the State Council for approval.

　　Article 23 Where it is necessary to use a memorial building or an ancient architectural structure owned by the State at a place verified as a site protected for its historical and cultural value for purposes other than the establishment of a museum， a cultural relics preservation institute or a tourist site， the administrative department for cultural relics under the people's government that originally

verified and announced it as such a site shall first ask consent of the administrative department for cultural relics at the next higher level and then submit a report to the said people's government for approval； and where a major site protected for its historical and cultural value at the national level is to be used for other purposes， the people's government of the relevant province， autonomous region， or municipality directly under the Central Government shall submit a report to the State Council for approval. Where the State-owned immovable cultural relics of a site not verified as one protected for its historical and cultural value are to be used for other purposes， the matter shall be reported to the administrative department for cultural relics under the people's government at the county level.

　　Article 24 No immovable cultural relics owned by the State may be transferred or mortgaged. No State-owned sites protected for their historical and cultural value， which are established as museums or cultural relics preservation institutes or used as tourist sites may be made enterprise assets for business operation.

　　Article 25 No immovable cultural relics not owned by the State may be transferred or mortgaged to foreigners.

　　The transfer and mortgage of the immovable cultural relics not owned by the State， or the change in their use shall， in correspondence with their different grades， be reported to the appropriate administrative departments for cultural relics for the record； and where their repairs are to be financed appropriate administrative departments for cultural relics for approval.

　　Article 26 The principle of keeping the immovable cultural relics in their original state shall be adhered to in their use， and the users shall be responsible for the safety of the structures and the cultural relics attached to them， see to it that the immovable cultural relics are not damaged， rebuilt or dismantled and that no additional structures are built on the site.

　　With regard to the buildings or structures that threaten the safety of the sites protected for their historical and cultural value or damage their historical features， the local people's government shall， without delay， investigate and handle the matter， and when necessary， it may have such buildings or structures dismantled or moved to other places.

　　Chapter III

　　Archaeological Excavations

　　Article 27 The procedure of submitting reports for approval shall be performed for all archaeological excavations； all institutions engaged in archaeological excavations shall be subject to approval by the administrative department for cultural relics under the State Council.

　　No units or individuals may， without permission， conduct excavation of the cultural relics buried underground.

　　Article 28 The institutions engaged in archaeological excavations that need to conduct archaeological excavations for the purpose of scientific research shall submit their excavation plans to the administrative department for cultural relics under the State Council for approval； plans for archaeological excavations relating to the major sites protected for their historical and cultural value at the national level shall be submitted to the administrative department for cultural relics under the State Council for examination and verification before they are forwarded to the State Council for approval. Before giving approval to or examining and verifying such plans， the administrative department for cultural relics under the State Council shall consult with the research institutes of social sciences， other scientific research institutes and the experts concerned.

　　Article 29 Before launching a large-scale capital construction project， the construction unit shall first request in a report the administrative department for cultural relics under the people's government of the relevant province， autonomous

region， or municipality directly under the Central Government to make arrangements for institutions engaged in archaeological excavations to conduct archaeological investigation and prospecting at places where cultural relics may be buried underground within the area designated for the project.

　　Where cultural relics are discovered in the course of investigation and prospecting， the administrative department for cultural relics under the people's government of the relevant province， autonomous region， or municipality directly under the Central Government shall， in compliance with the requirements for protection of cultural relics， decide on the protective measures through consultations with the construction unit. In case of important discoveries， the administrative department for cultural relics under the people's government of the relevant province， autonomous region， or municipality directly under the Central Government shall immediately submit a report to the administrative department for cultural relics under the State Council for handling.

　　Article 30 With regard to archaeological excavations which have to be carried out along with a construction project， the administrative department for cultural relics under the people's government of the relevant province， autonomous region， or municipality directly under the Central Government shall submit an excavation plan based on the result of prospecting to the administrative department for cultural relics under the State Council for approval. Before giving approval to the

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/