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	OPINIONS ON STRENGTHENING THE WORK FOR THE ADMINISTRATION ON PROTECTION OF WORLD CULTURAL HERITAGES OF CHINA

	(Notice of the General Office of the State Council on Transmitting the Opinions of the Ministry of Culture, Ministry of Construction, State Administration of Cultural Heritage and Other Relevant Departments on Strengthening the Work for the Administration on Protection of World Cultural Heritages of China (No.018 [2004] of the General Office of the State Council), February 15, 2004: The Opinions on Strengthening the Work for the Administration on Protection of World Cultural Heritages of China, which were formulated by the Ministry of Culture, Ministry of Construction, State Administration of Cultural Heritage, National Development and Reform Commission, Ministry of Finance, Ministry of Land and Resources, State Forestry Administration, China National Tourism Administration, and State Religious Affairs Bureau, have been approved by the State Council)


SUBJECT : PROTECTION OF WORLD CULTURAL HERITAGES
ISSUING DEPARTMENT : THE GENERAL OFFICE OF THE STATE COUNCIL OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 02/15/2004
IMPLEMENT DATE : 02/15/2004
LENGTH : 1,920 words
TEXT :

At present, there are 21 world cultural heritages in our country, which are of great value in history, science, culture and arts, and are the culture merits of the Chinese Nation, as well as the valuable un-renewable resources. With the high importance attached by the Central Committee of the Communist Party of China and the State Council, and the positive efforts made by the people's governments at all levels and the relevant departments at the localities where the world cultural heritages are located, the work of our country for the administration on protection of world cultural heritages has been strengthened continuously, the conditions of the places where the world cultural heritages are located and around have been improved continuously, the social and economic benefits have been strengthened increasingly. But the situations for protection administration are still very severe. Firstly, some regions have little awareness for the protection of world cultural heritages, and have a more prevailing phenomenon that they lay more emphasis on declaration and development, but neglect protection and administration. Secondly, a few regions have made use of the world cultural heritages exceeding their burden and made destructive development, and have a tendency of commercialization, artificiality and urbanization, which have done harm to the authenticity and integrity of the world cultural heritages. Thirdly, the administration system is not perfect, and the overall level of administration is relatively low, and governmental organs in some regions are overlapped, and the functions thereof are crossed. Fourthly, the legal system for protection administration is not perfect, having such circumstances as there are laws but little observation of them, and there are no statutes to apply. And fifthly, the fund for protection administration is seriously in shortage. In order to strengthen and improve the work of our country for the administration on protection of world cultural heritages, we hereby put forward the following opinions:

I. IMPROVING UNDERSTANDING, RECTIFYING THE GUIDELINES ON THE ADMINISTRATION WORK FOR PROTECTION OF WORLD CULTURAL HERITAGES

It is of great significance to strengthen administration on protection of world cultural heritages for passing down the excellent culture of the Chinese Nation, carrying forward and cultivating national spirit, increasing national pride and cohesion, disseminating scientific and cultural knowledge, promoting the development of tourism enterprises, and strengthening cultural exchange with the different countries of the world. The relevant districts and departments shall be fully aware of the importance and urgency of protection and administration of the world cultural heritages, and strictly implement the Law of the People's Republic of China on Protection of Cultural Relics and the Interim Measures for the Administration of the Landscape and Historic Spots and the relevant laws and regulations, and earnestly implement the Convention on Protection of the World Culture and Natural Heritages, sticking to the policy of "Giving Priority to Protection, Salvaging First, Making Good Use, and Strengthening Administration" to ensure the authenticity and integrity of the world cultural heritages. The relations between protection and utilization, between long-range interests and present interests, and between overall interests and part interests shall be properly handled. No one shall develop and make use of them without limitation at the cost of sacrificing and destroying the world cultural heritages, to get in return temporary economic benefits. The administration on the protection of world cultural heritages is a cause of public commonwealth, and is the responsibility of the governments. The people's governments at all levels shall strengthen leadership, plan it as a whole, administer it uniformly, fulfill the obligations, and carry through the administration on protection of world cultural heritages unremittingly as an important job, as well as solve the various problems in the work step by step, so as to ensure that the administration work for the protection of world cultural heritages be carried out healthily and orderly.

II. CONSOLIDATING OBLIGATIONS, AND STRENGTHENING LEADERSHIP TO THE WORK FOR THE ADMINISTRATION ON PROTECTION OF WORLD CULTURAL HERITAGES

1. The inter-ministerial joint meeting for the protection of national cultural relics, which is established upon approval of the State Council shall be responsible for examining and approving the plan for the protection of world cultural heritages, coordinate the solving of major issues in the administration work for protection. The competent administrative department of cultural heritage under the State Council shall undertake the routine work of the inter-ministerial joint meeting, and be responsible for supervising the protection and administration on world cultural heritages. The departments of land and resources, construction, forestry, religious affairs, and cultural heritages of the State Council shall, according to their functions invested by the relevant laws and regulations and the State Council, and in pursuance of the plan for the protection of world cultural heritages, implement industry administration on material resources within the areas of the places of world cultural heritages. The expert consultation mechanism and monitoring and patrolling system for protection of world cultural heritages shall be established so as to make regular supervision and inspection on the implementation of the plan for protection of world cultural heritages and special regulations.

2. The people's governments at the level of the provinces where the world cultural heritages are located shall establish the coordination mechanism for the administration on protection of world cultural heritages, and shall be responsible for coordinating and guiding the administration work for the protection of world cultural heritages. The people's governments at the provincial level shall strengthen guidance to the work of protection administration institutions at the place where the world cultural heritages are located, and supervise, urge and inspect them strictly. Where the administration institutions for the protection of world cultural heritages subject to the administration of the people's governments at the county level at present do not do their best to implement the state laws and regulations, and whose management is in disorder and results in damage to cultural heritages, the cultural heritages shall be administered by the institutions designated by the people's governments at the provincial level.

3. The relevant local people's governments at all levels shall persist in scientific decision and administration by law, establish responsibility system of management by objective and system of prosecution on administrative liabilities, so as to ensure that the work, liability and measures reach the designated position. Problems and hidden troubles existing in the protection administration work shall be solved and eliminated in time. No one may lease, contract or transfer the world cultural heritages to individuals, public organizations or enterprises and institutions for management by violating the relevant provisions of the state. Where such lease, contract or transfer has occurred, the people's governments at the provincial level shall make inspection, and order those in violation of regulations to correct within a prescribed time limit. In case any world cultural heritage is destroyed due to acts of breach of duty or dereliction of duty, the relevant leaders and responsible persons shall be prosecuted for liabilities.

III. GREAT EFFORTS SHALL BE MADE TO PUSH FORWARD THE OVERALL ADMINISTRATION WORK FOR THE PROTECTION OF WORLD CULTURAL HERITAGES

1.Improving legal system and regulating administration. The relevant districts shall, in light of the specific circumstances of the place of heritages, formulate and improve the regional laws and administration regulations on protection of world cultural heritages, clarify the specific system requirements for the protection administration work, the protection standards and target and relevant legal liabilities. Plans for the protection of world cultural heritage areas shall be formulated to clarify the scope, measures and target for protection of world cultural heritages, and examination and approval of the plans shall be made according to the procedure. The plans for protection of world cultural heritages and the target and measures thereof shall be brought into the local general plan for land use, plans for construction of cities and villages and small towns, general plan for landscape and historic spots and plans for national economy and social development. No entity or individual may adjust the plans for protection of world cultural heritages without authorization.

2. More funds shall be put into for the protection of world cultural heritages and more efforts shall be made to manage such funds. The finance departments at all levels shall put more funds into the administration on protection of world cultural heritages and take measures to encourage individuals, enterprises, and public organizations to make donations for the protection of world cultural heritages. The allocation of the special funds for protection of key cultural relics nationwide shall be focused on world cultural heritages. Franchising shall be implemented on the business items falling within the scope of world cultural heritage protection, and the income gained from transferring such items with compensation shall be used for the protection of world cultural heritages. According to the principle of "Bilinear administration on income and expenses", the income from admission tickets of the world cultural heritages shall be managed uniformly through centralization in a special account, and used entirely for the administration on protection of world cultural heritages.

3. Strengthening team construction to improve the quality of the management personnel for the protection of world cultural heritages. Reform shall be deepened to cut institutions, optimize structures, distribute and cut down administrators and establish and improve special law enforcement supervision team. Trainings shall be strengthened to improve the quality of the management personnel of world cultural heritages, and have the professionals reach over 40% of the total employees, and implement a system of working by holding a certificate for the management personnel for the protection of world cultural heritages. The main responsible person of the administration institutions for protection of world cultural heritages shall receive systematic training by batch, and shall obtain the qualification certificates issued by the competent department of cultural relic administration under the State Council.

4. Strengthening protection on world cultural heritages by making use of science and technology. Research on the regularity of the administration work for protection of world cultural heritages shall be strengthened to master the various basic data and information on world cultural heritages and bring into full play the role of high and new technology in the administration work for protection, and improve the contents of science and technology in the administration work for protection of world cultural heritages. The work for establishment of archives shall be strengthened to establish the dynamic information system and early warning system for the administration of world cultural heritages of our country as soon as possible to strengthen monitoring over the protection of world cultural heritages.

5. Through publicity and education, popularizing the laws and regulations and knowledge in relation to world cultural heritages to enable more people to share the rich value contained in the world cultural heritages and deepen the awareness of the mass people on the protection of world cultural heritages. And efforts shall be made to form an ethos of caring, treasuring and participating in the heritage protection by the whole society. The whole society shall be mobilized widely to care for and support the work for the protection of world cultural heritages. And the role of supervision by the press and media and the mass people shall be brought into full play to place the work of world cultural heritages under the supervision and support of the whole society. Reasonable development and utilization shall be made under the precondition of scientific protection to bring into full play the role of education, science and culture, and publicity of the world cultural heritages, so as to continuously improve the social and economic benefits of the world cultural heritages, and to promote the overall, coordinated and sustained development of the local economy and society.