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ADMINISTRATIVE MEASURES FOR THE PROTECTION OF WORLD CULTURE HERITAGES
 
(Order of the Ministry of Culture
(No. 41), November 14, 2006,

The Administrative Measures for the Protection of World Cultural Heritages, which were deliberated and adopted at the executive meeting of the Ministry of Culture on November 14, 2006, are hereby promulgated and shall be implemented as of the date of promulgation. )

     
     
SUBJECT : CULTURE HERITAGES; PROTECTION
ISSUING DEPARTMENT : MINISTRY OF CULTURE OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 11/14/2006
IMPLEMENT DATE : 11/14/2006
LENGTH : 1,807 words
TEXT :
Article 1. For the purposes of strengthening the protection and management of the cultural heritages of the world, performing the responsibilities and obligations as prescribed in the Convention Concerning the Protection of the World Cultural and Natural Heritages, and passing on and inheriting the culture of the mankind, these Measures are formulated in accordance with the Law of the People's Republic of China on the Protection of Cultural Relics.

Article 2. The word "world cultural heritage" as mentioned in these Measures refers to world cultural heritages and the part of cultural heritages in the mixed cultural and natural heritages.

Article 3. The policies of focusing on protection, giving priority to salvage, reasonably using and strengthening management shall be observed in the world cultural heritage work so as to ensure the genuineness and integrity of the world cultural heritages.

Article 4. The State Administration of Cultural Relics shall be responsible for the world cultural heritage work throughout the country. It shall coordinate and solve the serious problems arising from the protection and management of world cultural heritages, supervise and inspect the world cultural heritage work where each world cultural heritage is located.

A local people's government at the county level or above and its cultural relic administrative department shall, in accordance with these Measures, formulate management rules, implement the working measures and be responsible for the world cultural heritage work within this administrative area.

Article 5. A local people's government at the county level or above shall integrate the operating funds for the protection and management of world cultural heritages into the fiscal budget at the same level.

The citizens, legal persons and other organizations may establish world cultural heritage protection funds by way of donations, which should be used exclusively for the protection of world cultural heritages. The relevant laws, administrative regulations and departmental rules shall be observed in the financing, use and management of world culture heritage protection funds.

Article 6. The state shall adopt the expert consulting system for the important matters relating to the protection of world cultural heritages. The State Administration of Cultural Relics shall establish an expert consulting mechanism to carry out the relevant work.

The expert consulting work system for the protection of world cultural heritages shall be formulated and announced by the State Administration of Cultural Relics.

Article 7. All citizens, legal persons and other organizations have the obligation to protect the world cultural heritages in accordance with the law.

The state encourages the citizens, legal persons and other organizations to participate in the protection of world cultural heritages.

The State Administration of Cultural Relics, local people's governments at the county level and above and their cultural relic administrative departments shall give awards to the organizations and individuals who have made outstanding contributions.

A provincial cultural relic administrative department shall establish a work system for the volunteers of protection of world cultural heritages, organize, give guidance to and train volunteers.

Article 8. The plans on the protection of world cultural heritages shall be worked out upon the organization of the provincial people's governments. An institution responsible for the formulation of plans on the protection of world cultural heritages shall obtain the qualification certificate issued by the State Administration of Cultural Relics. A plan on the protection of world cultural heritages shall clarify the criteria and emphases of the protection of world cultural heritages, determine the protection measures on the basis different categories and meet the requirements of the United Nations Educational Scientific and Cultural Organization (hereinafter referred to as the UNESCO) on the protection of world cultural heritages.

If no plan on the protection of world cultural heritages is formulated or if any plan on the protection of world cultural heritages does not meet the requirements as described in these Measures, a protection plan shall be formulated or the protection plan shall be revised within 1 year from the date of implementation of these Measures.

A plan on the protection of world cultural heritages shall be submitted, via the provincial cultural relic administrative department, to the State Administration of Cultural Relics for examination and approval. The said plan shall, upon examination and approval of the State Administration of Cultural Relics, be announced by the provincial people's government and shall be implemented upon its organization. The requirements in the plan on the protection of world cultural heritages shall be integrated into the national economic and social development plans, overall land use plans as well as urban and rural plans of the local people's governments at the county level and above.

Article 9. The immovable cultural relics in the world cultural heritages shall be assessed, ratified and announced as cultural relic protection entities according to their historic, artistic and scientific values. For any cultural relic which has not been assessed, ratified or announced yet as a cultural relic protection entity, it shall be registered and announced by the cultural relic administrative department at the county level.

The immovable cultural relics in the world cultural heritages shall be protected and managed in accordance with the Law of the People's Republic of China on the Protection of Cultural Relics and the Regulation on the Implementation of the Law of the People's Republic of China on the Protection of Cultural Relics.

Article 10. With regard to a cultural relic protection entity in the world cultural heritages, the protection range and construction control area shall be demarcated and announced according to the needs of protection of world cultural heritages. The demarcation of the protection range and construction control area shall satisfy the requirements for the core areas and buffer areas for the protection world cultural heritages.

Article 11. The provincial people's government shall put up signs and notices for the world cultural heritages. No sign or notice put up may damage any world cultural heritage.

A sign or notice of a world cultural heritage shall indicate the name, core area, buffer area and protection institution of the world cultural heritage, and shall contain a token of the world heritage announced by the UNESCO.

Article 12. A provincial people's government shall establish archives for the protection of world cultural heritages and shall, via its cultural relic administrative department, be submitted to the State Administration of Cultural Relics for archival purposes.

The State Administration of Cultural Relics shall establish national archives for the protection of world cultural heritages and shall establish a dynamic information system for the management of world cultural heritages and a pre-warning system by employing high and new technologies.

Article 13. A provincial people's government shall determine the protection institutions for the world cultural heritages. A protection institution shall be responsible for the routine maintenance and monitoring of the world cultural heritages and shall establish logs for them. If it finds that any world cultural heritage has any potential risk, it shall take control measures and shall submit a timely report to local people's government at the county level or above and to the provincial cultural relic administrative department.

A employee of a protection institution for world cultural heritages shall be governed by the system of taking up his post with a corresponding certificate. The key person-in-charge shall have obtained a qualification certificate issued by the State Administration of Cultural Relics.

Article 14. Where a world cultural heritage is opened as a tourist area, its publicity and education roles shall be given a full play and perfect measures for the management of tourism services shall be formulated.

The world cultural heritage protection institution shall submit the measures for the management of tourism services to the provincial cultural relic administrative department for archival purposes. The provincial cultural relic administrative department shall supervise and inspect the management of the tourism services relating to the world cultural heritage.

Article 15. The service items set in a tourist area shall meet the requirements in the plan on the protection of world cultural heritages and shall be consistent with the historical and cultural attributes.

The world cultural heritage protection institution shall be responsible for executing the service items. The principle of openness, fairness, impartiality and giving priority to the public interests shall be observed and the rights and interests of the local residents shall be protected when the service items are executed.

Article 16. The cultural relic administrative departments at all levels and the world cultural heritage protection institutions shall organize to carry out the investigation and research of cultural tourism, seek out and exhibit the historical and cultural values of the world cultural heritages, protect and make use of the intellectual property rights obtained in the work relating to the world cultural heritages.

Article 17. When an emergency, which may endanger the safety of any world cultural heritage, happens or is likely to happen, the protection institution shall immediately take necessary control measures and simultaneously report it to the local people's government and the provincial cultural relic administrative department. The provincial cultural relic administrative department shall, within 2 hours after it receives the report, forward it to the provincial people's government and the State Administration of Cultural Relics.

After the provincial cultural relic administrative department receives a report, it shall decide the measures to deal with it and shall be responsible for carrying them out. The State Administration of Cultural Relics shall supervise and inspect the timely settlement of emergency, put forward requirements for the prevention of the occurrence of similar emergencies, and inform the provincial people¡¯s government of the place where the world cultural heritage is located about the occurrence and settlement of the emergency.

Article 18. The state shall adopt the monitoring and patrolling system for the protection of world cultural heritages. The State Administration of Cultural Relics shall set up a monitoring and patrolling mechanism to carry out the relevant works.

The monitoring and patrolling system for the protection of world cultural heritages shall be formulated and announced by the State Administration of Cultural Relics.

Article 19. If the genuineness and integrity of any world cultural heritage is impaired due to poor protection and management, the State Administration of Cultural Relics shall include this world cultural heritage into the Warning List of World Cultural Heritages in China and make an announcement.

The provincial people's government of the place where a world cultural heritage included in the Warning List of World Cultural Heritages in China is located shall put forward rectification measures for the problems existing in the protection and management thereof and improve the protection and management thereof within a time limit.

Article 20. Where any violation of these Measures has damaged any world cultural heritage, the relevant persons shall be held responsible according to the relevant provisions.

Article 21. The cultural heritages included in the Preparatory List of World Cultural Heritages in China shall be protected and managed according to these Measures.

Article 22. These Measures shall be implemented as of the date of promulgation.
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