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Article 1. For the purposes of strengthening the protection of the Great Wall and regulating the utilization of the Great Wall, this regulation is formulated in accordance with the Law of the People's Republic of China on the Protection of Cultural Relics. Article 2. The term "Great Wall" mentioned in this Regulation includes the walls, fortresses, passes, beacon towers and watch towers of the Great Wall. The sections of the Great Wall under the protection of this Regulation shall be subject to the certification of and be announced by the cultural relics administrative department of the State Council. Article 3. The policies on the work of cultural relics shall be carried through in the protection of Great Wall and the principle of scientific planning and protection of the original state shall be adhered to. Article 4. The state shall protect the Great Wall as a whole and manage it on the basis of different sections. The cultural relics administrative department of the State Council shall be responsible for the overall protection of the Great Wall, coordinate and solve the serious problems arising during the protection of the Great Wall, and supervise and inspect the protection of the Great Wall carried out by all local places. The people's governments and their cultural administrative departments at the county level and above where the Great Wall is located shall, in accordance with the Law on the Protection of Cultural Relics, this Regulation and other relevant administrative regulations, be responsible for the protection of the Great Wall within their respective jurisdiction. Article 5. The people's governments at the county level and above where the Great Wall is located shall integrate the operating funds for the protection of the Great Wall into the fiscal budget of their respective level. The state encourages citizens, legal persons and other organizations to establish Great Wall protection foundations, which are exclusively used for the protection of the Great Wall. The raising, use and management of funds of the Great Wall protection foundations shall comply with the relevant laws and administrative regulations of the state. Article 6. The state shall adopt an expert consultation system for the protection of Great Wall. The opinions of experts shall be heard in the formulation of the overall plan on the protection of the Great Wall, examination and approval of the construction projects relating to the Great Wall, and making of decisions about other important matters relating to the protection of the Great Wall. Article 7. All citizens, legal persons and other organizations shall have the obligation to protect the Great Wall in accordance with the law. The state encourages citizens, legal persons and other organizations to participate in the protection of the Great Wall. Article 8. The cultural relics administrative department of the State Council, the people's governments at the county level and above where the Great Wall is located and their cultural relics administrative departments shall give awards to the organizations or individuals who have made outstanding contributions to the protection of the Great Wall. Article 9. The people's government of a province, autonomous region, or municipality directly under the Central Government shall survey the Great Wall within its administrative area, shall report the sections which it believes to be a part of the Great Wall to the cultural relics administrative department of the State Council for certification. Such sections of the Great Wall shall, within 1 year as of the date of certification, be approved and announced as a unit of provincial cultural relics protection. A section, which is certified as a section of the Great Wall but has not been approved or announced as a key unit of national cultural relics protection or provincial cultural relics protection, shall be approved and announced as a unit of national important cultural relics protection or provincial cultural relics protection within 1 year from the day when this Regulation becomes effective. Article 10. The state shall adopt the system of overall planning for the protection of the Great Wall. The cultural relics administrative department of the State Council shall, jointly with the relevant departments of the State Council, formulate an overall plan on the protection of the Great Wall according to the Law on the Protection of Cultural Relics as well as the actual needs of protection of the Great Wall. The said plan shall be executed after approval of the State Council. The overall plan on the protection of the Great Wall shall specify the protection standards and focuses, determine the protection measures on the basis of the different categories, and decide the protection sections of the Great Wall within which construction projects are prohibited. When a local people's government at the county level or above where the Great Wall is located makes a plan on the national economy and social development, an overall plan on the utilization of land, or an urban and rural plan, it shall cover the protection measures prescribed in the overall plan on the protection of the Great Wall. Article 11. The people's government of a province, autonomous region, or municipality directly under the central government where the Great Wall is located shall, according to the requirements specified in the overall plan on the protection of the Great Wall, demarcate the protection range and construction control areas for the Great Wall within their respective jurisdiction, and make an announcement. The cultural relics administrative department of the people's government of a province, autonomous region, or municipality directly under the Central Government where the Great Wall is located shall report the announced protection range and control areas to the cultural relics administrative department of the State Council for archival purposes. Article 12. No entity or individual may carry out any construction project within any protection range specified in the overall plan on the protection of the Great Wall, where construction projects is prohibited. To carry out a construction project within a construction control area or a protection range specified in the overall plan on the protection of Great Wallwhere construction projects are not prohibited, one shall abide by Articles 17 and 18 of the Law on the Protection of Cultural Relics. A construction project shall circumvent the Great Wall. If it is unable to do so, an underpass shall be excavated so as to circumvent the Great Wall. If it is unable to excavate an underpass, it shall pass the Great Wall by building a bridge. Where an entity or individual carries out a construction project, it or he shall not dismantle, pass through or move the Great Wall. Article 13. The people's government of a province, autonomous region, or municipality directly under the Central Government where the Great Wall is located shall set up Great Wall protection signs at the traffic intersections and other places where it is necessary to remind the public. The establishment of Great Wall protection signs shall not cause any damage to the Great Wall. A Great Wall protection sign shall indicate the name of the section of the Great Wall, time of building, protection range, construction control areas, as well as the protection institution. Article 14. The people's government of a province, autonomous region, or municipality directly under the Central Government shall establish archives of the Great Wall within its administrative area, and its cultural relics administrative department shall submit the archives of the Great Wall to the cultural relics administrative department of the State Council for archival purposes. The cultural relics administrative department of the State Council shall establish nationwide Great Wall archives. Article 15. The people's government of a province, autonomous region, or municipality directly under the Central Government where the Great Wall is located shall determine the section of Great Wall, which is located in its administrative area, as the protection institution. If there is an entity utilizing the said section, this entity may be determined as the protection institution. The protection institution shall carry out routine maintenance and monitoring of the section of the Great Wall, for which the protection institution shall be responsible, and shall make logs. If it finds any hidden risk, it shall immediately take control measures and shall timely report it to the cultural relics administrative department of the people's government at the county level. Article 16. For a section of the Great Wall which is located in a remote area and where there is no entity utilizing the Great Wall, the local people's government at the county level or its cultural relics administrative department may hire Great Wall protectors to make tour inspections on and take care of the Great Wall, and shall give proper subsidies to the Great Wall protectors. Article 17. If a section of the Great Wall is the boundary of an administrative area, the adjacent local people's governments at the county level and above shall regularly hold joint meeting, which the relevant departments shall attend, so as to discuss and solve the important problems, if any, in the protection of the Great Wall. Article 18. It is prohibited to carry out any of the following activities on the Great Wall: (1) Fetching any soil, brick (stone) or planting any crop; (2) Engraving, marking or scribing; (3) Setting up or installing any facilities or equipment irrelevant to the protection of the Great Wall; (4) Driving any transport vehicle or utilizing any transport vehicle to stride over the Great Wall; (5) Displaying any tool that may damage the Great Wall; (6) Organizing activities at any section of the Great Wall that has not been opened to tourists; nor (7) Other activities prohibited by the Law on the Protection of Cultural Relics. Article 19. To open a section of the Great Wall to tourists, the principle of scientific planning and protection of the original state shall be observed and the following conditions shall be met: (1) It is safe for the public to visit the section of the Great Wall; (2) There is a definite protection institution for this section of the Great Wall, a protection range and construction areas have been demarcated according to law, and protection signs and archives have been set up; and (3)The requirements described in the overall plan on the protection of the Great Wall are satisfied. Article 20. A section of the Great Wall newly opened to tourists shall, within 5 days from the day when it is opened up, be reported to the cultural relics administrative department of the local people's government of the province, autonomous region, or municipality directly under the Central Government for archival purposes. If the section of the Great Wall is a key unit of national cultural relics protection, it shall, within 5 days after it is opened up, be reported to the cultural relics administrative department of the State Council for archival purposes. The archival filing materials shall include the carrying capacity of the tourist area. The cultural relics administrative department of the local people's government of the province, autonomous region, or municipality directly under the Central Government, or the cultural relics administrative department of the State Council shall, within 20 days after it receives the materials for archival filing, determine, examine and approve the carrying capacity of the tourist area according to its functions. Article 21. To carry out an activity within a tourist area, the number of persons shall not exceed the carrying capacity approved. The services items to be set in a tourist area shall be in line with the requirements described in the overall plan on the protection of the Great Wall. Article 22. Where any entity or individual, who finds that the Great Wall is being damaged, shall report it tov the protection institution or to the cultural relics administrative department of the local people's government at the county level, and the protection institution or the cultural relics administrative department of the local people's government at the county level that receives the report shall immediately take control measures and shall further report it to the people's government at the county level or to the cultural relics administrative department of the people's government of the next higher level. Article 23. The repair of the Great Wall shall be subject to the examination and approval formalities in accordance with the Law on the Protection of Cultural Relics and shall be undertaken by an entity which has obtained a qualification certificate for cultural relics protection project in accordance with the law. The repair of the Great Wall shall follow the principle of not changing the original state. A destroyed or damaged section of the Great Wall shall protected as a memorial site. No new section of the Great Wall may be built at the original site. Where any section of the Great Wall is damaged due to reasons attributable to any person or entity, the repair expenses shall be paid by the entity or individual who causes the damage. Article 24. Where anyone violates this Regulation by causing any damage to the Great Wall, if any crime is constituted, it (he) shall be subject to the criminal liabilities. If no crime is constituted, but if it (he) has violated the relevant legal provisions on public security, it (he) shall be given a public security sanction by the public security organ in accordance with the law. Article 25. Where any violator of this Regulation commits any of the following acts, it shall be ordered to make a correction according to Article 66 of the Law on the Protection of Cultural Relics. If it causes any gross consequences, it (he) shall be fined not less than 50,000 yuan but not more than 500,000 yuan. If the circumstance is serious, the original issuing organ of the certificate shall revoke its qualification certificate: (1)Undertaking any construction project within the protection range of a section of the Great Wall where construction is prohibited; (2)Undertaking any construction project within the protection range of Great Wall or construction control areas, but failing to go thorough the examination and approval formalities; or (3)Undertaking any construction project or dismantling, passing through or moving the Great Wall. Article 26. Where any section of the Great Wall, which does not meet the relevant requirements of this Regulation, is opened to tourists, the cultural relics administrative department of the people's government at the province level or above shall, according to its functions, ban it and confiscate the illegal gains. If the Great Wall is damaged, the violator shall be fined not less than 50,000 yuan but not more than 500,000 yuan. After a section of Great Wall is opened to tourists, but archival filing formalities fail to be gone through under this Regulation, the cultural relics administrative department of the people's government at the province level or above shall, according to its functions, order it to make a correction and punish it according to the provisions in the preceding paragraph. If the service items set in a tourist area does not meet the requirements described in the overall plan on the protection of Great Wall, the cultural relics administrative department at the county level shall order the violator to make a correction and confiscate its illegal gains. Article 27. Where a violator of this Regulation commits any of the following acts, it (he) shall be ordered by the cultural relics administrative departments of the people's government at the county level to make a correction. If any serious consequences are caused, the violator shall be fined not less than 10,000 yuan but not more than 50,000 yuan if it is an individual not less than 50,000 yuan but not more than 500,000 yuan if it is an entity: (1) Setting up or installing any facilities or equipment irrelevant to the protection of the Great Wall; (2) Driving any transport vehicle or utilizing any transport vehicle to stride over the Great Wall; (3) Displaying any tool that may damage the Great Wall; or (4) Receiving tourists in excess of the carrying capacity of the tourist area. Article 28. Where a violator of this Regulation commits any of the following acts, it (he) shall be ordered to make a correction and shall be given a warning by the cultural relics administrative department of the peoples' government at the county level. If the circumstance is serious, the violator shall be fined concurrently not less than 1,000 yuan but not more than 5,000 yuan if it is an individual not less than 10,000 yuan but not more than 50,000 yuan if it is an entity: (1) Fetching any soil, brick (stone) or planting any crop; or (2) Organizing activities at any section of the Great Wall that has not been opened to tourists. Article 29. Where an administrative organ is under any of the following circumstances, it shall be ordered to make a correction and criticized by circulating a criticism by the superior administrative organ. The liable person-in-charge and other directly liable persons shall be given an administrative sanction in accordance with Article 76 of the Law on the Protection of Cultural Relics. If the circumstance is serious, they shall be kicked out of this administrative organ: (1)Violating this Regulation by failing to determine any protection institution, demarcate any protection range or construction control areas or set up protection signs or establish archives; (2) Finding any unqualified section of the Great Wall opened to tourists but failing to investigate or punish it; or (3)Causing any damage to the Great Wall due to other acts of abusing its powers or neglecting its duties. Article 30. Where a protection institution is under any of the following circumstances, it shall be ordered to make a correction by the cultural relics administrative departments of the people's government of the province, autonomous region, municipality directly under the Central Government. The liable person-in-charge and other directly liable persons shall be given an administrative sanction. If the circumstance is serious, they shall be kicked out of the protection institution: (1)Failing to carry out routine maintenance, monitoring or making logs for the Great Wall; or (2)Finding any hidden risk in the Great Wall but failing to take control measures or failing to make a report in a timely manner. Article 31. This Regulation shall become effective as of December 1, 2006. |
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