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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II PROJECT ESTABLISHMENT, SURVEY AND DESIGN CHAPTER III CONSTRUCTION, SUPERVISION AND ACCEPTANCE CHAPTER IV AWARD AND PUNISHMENT CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. In order to further strengthen the administration of cultural relics preservation projects, the present Measures are enacted in accordance with the relevant provisions of the Law of the People's Republic of China on Culture Relics Preservation and the Construction Law of the People's Republic of China. Article 2. The cultural relics preservation projects (hereinafter referred to preservation projects) used in the present Measures refer to the preservation projects of the ratified cultural relics preservation entities and other ancient culture sites, ancient tombs, ancient architectures, cave temples and stone inscriptions, important historical sites of modern and contemporary times, as well as typical architectures and murals, and other immovable cultural relics that have cultural relics bearings. Article 3. Preservation projects must comply with the principle of no change of the original status of the cultural relics, and shall preserve and continue the true historical information and values of the cultural relics in an all-around way; and must preserve the body of the cultural relics and the relevant historical, culture and natural environment pursuant to the internationally and domestically accepted rules. Article 4. Culture relics preservation entities shall formulate specific overall preservation planning, and the preservation projects shall be carried out according to the approved planning. Article 5. Preservation projects are divided into: maintenance projects, rescue and reinforcement projects, repair projects, protective facility construction projects and removal projects: (1) Maintenance projects refer to the daily and seasonal maintenance for the minor damages of cultural relics; (2) Rescue and reinforcement projects refer to the projects that take reversible temporary rescue and reinforcement measures on the cultural relics in emergency and in serious danger where no thorough repair is possible due to the restrictions of time, technology and fund; (3) Repair projects refer to the structure reinforcement and maintenance necessary for protection of the body of the cultural relics, including the partial restoration projects carried out together with the structure reinforcement; (4) Protective facility construction projects refer to the projects that affix protective facilities for preservation of the cultural relics; (5) Movement projects refer to the projects that the whole or partial of the cultural relics is moved to any other place for preservation due to special needs of the preservation work and where no other means more effective can be taken. Article 6. The State Bureau of Culture Relics shall be in charge of the administration of the preservation projects, and shall organize the formulation of the relevant criteria, standards and quota for preservation projects. Article 7. The entities managing or using cultural relics that are qualified as corporations, including the state organs, organizations, armies, schools, religious organizations and other enterprises and public institutions approved by the state to use cultural relics preservation entities, are the sponsor entities of the preservation projects. Article 8. The entities undertaking the survey, design, construction and supervision of cultural relics preservation projects must have the qualification for cultural relics preservation projects accredited by the State Bureau of Culture Relics (hereinafter referred to SBCR). The measures for qualification accreditation and the grading standards shall be formulated by SBCR separately. Article 9. The administration of preservation projects mainly refer to the administration of the project establishment, survey and design, construction, supervision, and acceptance. CHAPTER II PROJECT ESTABLISHMENT, SURVEY AND DESIGN Article 10. Preservation projects are subject to classified administration on the basis of the level of the cultural relics preservation entities, and shall go through the following procedures for approval: (1) For the preservation project of a national key cultural relics preservation entity, the administrative department of culture of the province, autonomous region or municipality directly under the Central Government shall be the reporting organ, and SBCR shall be the examination and approval organ; and (2) For the preservation project of a cultural relics preservation entity at the level of province, autonomous region or municipality directly under the Central Government, the administrative department of culture at the city or county level of the place where the cultural relics is located shall be the reporting organ, and the administrative department of culture of the province, autonomous region, or municipality directly under the Central Government shall be the examination and approval organ. With respect to the preservation projects of the cultural relics preservation entities at the city and county level, as well as of the unmovable cultural relics not ratified as cultural relics preservation entity, the reporting organ and the examination and approval organ shall be determined by the administrative department of culture at the provincial level. Article 11. The maintenance projects shall be included in the work plan and budget of each year by the entities using cultural relics, and shall be put on record with the administrative departments of culture of the provinces, autonomous regions, and municipalities directly under the Central Government. The project establishment and the survey and design schemes of rescue and reinforcement projects, repair projects, and protective facility construction projects shall be submitted for approval pursuant to Article 10 of the present Measures. Where any rescue and reinforcement project needs to be implemented immediately due to emergencies, the project may be submitted for approved during the implementation. Where a removal project has been approved pursuant to Article 20 of the Law of the People's Republic of China on Culture Relics Preservation, the survey and design scheme thereof shall be submitted for approval pursuant to Article 10 of the present Measures. Article 12. Where it is needed to rebuild any immovable cultural relics that have been totally destroyed at the original site due to special causes, the project shall be submitted for approval pursuant to Article 22 of the Law of the People's Republic of China on Culture Relics Preservation before the survey and design scheme thereof is submitted for approval pursuant to Article 10 of the present Measures. Article 13. The application materials for establishing a project shall cover the following contents: (1) Name of the sponsor entity of the project and of the department in charge at the next higher level; (2) Name and place of the project to be established, level and times of the cultural relics preservation entity, determination, promulgation and execution of the preservation scope and the construction control areas; (3) Technical documents and image materials, video or photos for the necessity and feasibility of the preservation project; (4) Fund estimation, source and planned progress schedule; and (5) Name and qualification of the survey and design entity to be retained. Article 14. For a preservation project that has already be established, the survey and scheme design and the construction technical design documents shall be reported. With respect to a major project, the technical design may only be conducted after the scheme has been approved. Article 15. Survey and scheme design documents shall include: (1) Survey reports, on-spot inspection drawings and photos that show the historical status, inherited characteristics and damages of the cultural relics; (2) Scheme, design drawings and relevant technical documents of the preservation project; (3) Budgetary estimation of the project design; and (4) Materials found through archaeological explorations, material testing report, environment pollution report, project geological and hydrographic materials and survey report. Article 16. Construction technical design documents include: (1) Construction drawings; (2) Design specifications; (3) Budget for the construction drawings; and (4) Relevant material testing report and the inspection and identification results. CHAPTER III CONSTRUCTION, SUPERVISION AND ACCEPTANCE Article 17. Among preservation projects, the repair projects, protective facility construction projects and removal projects shall be subject to bidding and project supervision. Article 18. With respect to major preservation projects, the bid invitation documents shall be submitted for approval and the construction entity shall be selected pursuant to Article 10 of the present Measures. Article 19. Preservation projects must conform to the laws, regulations, rules and criteria of the state relating to construction, the project materials purchased shall meet the requirements for the quality of preservation projects. A construction entity shall carry out the construction strictly in accordance with the design documents, the work procedures shall be: (1) Drawing up the construction scheme pursuant to the design documents; (2) Giving training to the construction personnel on the relevant knowledge of cultural relics preservation; (3) Making the construction records and construction statistics documents, and collecting the relevant cultural relics materials pursuant to the requirements of the preservation project; (4) Making the self quality inspection, with respect to the hidden parts of the project, the inspection shall be carried out in conjunction with the sponsor entity, design entity and supervision entity, with records be taken; (5) Submitting project completion materials; and (6) Taking care of the repair warranty, the period of which shall be, starting from the day of project completion and acceptance, no less than 5 years, with the exception of maintenance projects and the rescue and reinforcement projects. Article 20. Where any new cultural relics, relevant materials or other major problems affecting the preservation are found during the construction, records shall be taken immediately and the scene shall be protected, the construction entity shall report, through the original reporting organ, to the original examination and approval organ for instructions. Article 21. Where any approved technical design needs to be altered or supplemented during the construction, the sponsor entity, design entity and construction entity of the project shall negotiate the issue together on the scene, and shall report to the original reporting organ for record; where any important contents in the approved project or scheme design needs to be altered, such alteration must be submitted, through the original reporting organ, to the examination and approval organ for approval. Article 22. The examination and acceptance of a cultural relics preservation project shall be on the basis of the construction phases. Where a major project comes to the end of a phase, the examination and approval organ shall organize or entrust the relevant entity to make the phase examination and acceptance. Article 23. After a project is completed, the sponsor entity shall, in conjunction with the design entity, construction entity and supervision entity, make evaluation of the project quality, and shall submit the project summing-up report, completion report, completion drawings, final accounts and specifications, which shall be submitted to the examination and approval organ upon preliminary examination by the original reporting organ. The examination and approval organ shall, regarding the actual situations of the project, form the examination and acceptance group or entrust relevant entity to organize the examination acceptance. Article 24. The sponsor entity shall rectify, in a timely manner, any quality problem found out in the acceptance examination of the project. Article 25. The sponsor entity, survey and design entity, construction entity, reporting organ, and examination and approval organ of a preservation project shall establish the archive management system for the relevant administrative, technical and financial documents of the project. All the project materials shall be put on archives and be included in the records of the cultural relics preservation entity. In case of a major project, the technical report shall be published within years after the acceptance. CHAPTER IV AWARD AND PUNISHMENT Article 26. The excellent project award shall be established for preservation projects, and the specific measures to that end shall be formulated by the SBCR. Article 27. Those violating the present Measures or causing damages to the cultural relics shall be punished according to the Law of the People's Republic of China on Culture Relics Preservation and the relevant provisions of the State Council. CHAPTER V SUPPLEMENTARY PROVISIONS Chapter 28. The preservation and maintenance of non-state-owned immovable cultural relics shall be executed by reference with the present Measures. Article 29. Where any regulation previously promulgated conflicts with the present Measures, the latter shall prevail. Article 30. These Measures shall come into force on May 1, 2003. |
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