first

According to "People's Republic of China (PRC) Cultural Relics Protection Law" (hereinafter referred to as "Cultural Relics Protection Law"), "People's Republic of China (PRC) Cultural Relics Protection Law Implementation Regulations" (hereinafter referred to as "Cultural Relics Protection Law Implementation Regulations") and other relevant laws and regulations, combined with the actual situation of this province, these Regulations are formulated.

second

These Regulations shall apply to the protection, utilization and management of cultural relics within the administrative area of this province.

Vertebrate paleontology and ancient human fossils with scientific value are protected by the state as well as cultural relics.

essay

The policy of giving priority to protection, giving priority to rescue, rational utilization and strengthening management is implemented in cultural relics work.

Activities such as economic development, cultural relics construction and utilization must follow the policy of cultural relics work and must not cause damage to cultural relics.

Article 4

People's governments at all levels are responsible for the protection of cultural relics within their respective administrative areas.

Article 5

The people's governments at or above the county level shall incorporate the protection of cultural relics into the national economic and social development planning, the overall land use planning, the urban and rural construction planning and the planning of scenic spots, and establish a responsibility system for the protection of cultural relics.

Article 6

The people's governments at or above the county level shall include the funds needed for cultural relics protection in the fiscal budget, so that the financial allocation for cultural relics protection will increase with the growth of fiscal revenue.

The people's governments at or above the county level shall set up special funds according to the needs of the rescue, repair, collection and safety facilities construction of cultural relics.

Article 7

Cultural relics protection can absorb social capital investment, and the specific measures shall be formulated by the provincial people's government.

Citizens, legal persons and other organizations who donate cultural relics enjoy the relevant preferential treatment of the state.

Article 8

All organs, organizations and individuals have the obligation to protect cultural relics according to law.

Encourage citizens, legal persons and other organizations to participate in the protection of cultural relics. Counties (cities, districts), township people's governments and sub-district offices shall support the activities of cultural relics protection volunteers, and the cultural relics administrative departments of the people's governments at or above the county level shall provide training and guidance to cultural relics protection volunteers.

Article 9

The relevant administrative departments and media of the people's governments at or above the county level for cultural relics, culture, education, science and technology, planning, construction, press and publication, radio and television, etc. shall strengthen the publicity and education of laws and regulations on the protection of cultural relics and historical and cultural heritage, and raise the awareness of cultural relics protection in the whole society.

Article 10

Units and individuals that have made remarkable achievements in the protection of cultural relics shall be commended and rewarded by the people's governments at or above the county level or the administrative departments of cultural relics.

Chapter II Management Responsibilities

Article 11

The administrative department of cultural relics of the provincial people's government (this Ordinance refers to the Provincial Cultural Relics Bureau) is in charge of the protection of cultural relics in the province. The administrative departments of cultural relics of the people's governments of cities and counties (cities, districts) with districts shall undertake the protection of cultural relics within their respective administrative areas according to law.

Other relevant departments of the people's governments at or above the county level shall, within the scope of their respective duties, do a good job in the protection of cultural relics.

Article 12

The administrative department of cultural relics shall strengthen the administrative law enforcement of cultural relics, establish or clarify the administrative law enforcement team of cultural relics according to the provisions of the state and the province, and perform the following duties:

(a) to publicize and implement the laws, regulations and rules on the protection of cultural relics, and urge the relevant units and individuals to fulfill their obligations on the protection of cultural relics;

(two) to supervise and inspect the protection, utilization and management of immovable cultural relics, and cooperate with relevant departments to supervise and inspect the protection, utilization and management of historical and cultural cities, blocks and villages;

(3) To supervise and inspect the protection, utilization and management of cultural relics in the collection;

(4) Accepting reports and complaints related to the protection of cultural relics according to law;

(five) to investigate and deal with illegal acts of cultural relics according to law.

Law enforcement activities in the field of cultural relics circulation shall be carried out in accordance with the relevant provisions of the state and the province.

Article 13

The cultural relics administrative department at a higher level shall strengthen the guidance and supervision of the law enforcement activities of the cultural relics administrative department at a lower level. If it is found that there are mistakes in the cases investigated and dealt with by the administrative departments of cultural relics at lower levels, it shall be ordered to correct them in time, and if necessary, it may be handled directly according to law.

Article 14

The relevant cultural relics protection and management institutions established by the cultural relics administrative departments of the people's governments at or above the county level shall, under the leadership of the cultural relics administrative departments, undertake the daily protection, collection, display and research of cultural relics.

Article 15

Cultural relics appraisal institutions established by the provincial administrative department of cultural relics according to law shall be responsible for the grade appraisal, judicial appraisal and other appraisal of cultural relics in accordance with their duties. Conditional municipal cultural relics administrative departments with districts may set up cultural relics appraisal organizations, entrusted by provincial cultural relics appraisal institutions, and undertake relevant cultural relics appraisal work.

The establishment, examination and approval and appraisal of social intermediary institutions engaged in cultural relics appraisal services shall be carried out in accordance with the provisions of the state and the province.

Chapter III Immovable Cultural Relics

Article 16

The administrative department of cultural relics of the people's government at or above the county level shall, in accordance with the functions and powers stipulated in the Law on the Protection of Cultural Relics, after soliciting the opinions of the owners, users and relevant competent departments, identify immovable cultural relics with considerable historical, artistic and scientific value within their respective administrative areas as provincial, municipal and county-level cultural relics protection units, report them to the people's government at the same level for approval and promulgation, and report them to the people's government at the next higher level for the record according to law. The cultural relics administrative department of the people's government at a higher level may choose the cultural relics protection unit at a lower level or other immovable cultural relics as the cultural relics protection unit at the same level.

When the immovable cultural relics selected by the cultural relics administrative department are submitted to the people's government for approval, they shall be accompanied by explanatory materials and expert opinions.

Large-scale cultural relics protection units shall formulate special protection plans.

Article 17

Immovable cultural relics that have not been approved for publication as cultural relics protection units shall be registered by the cultural relics administrative department of the local county (city, district) people's government and published as cultural relics protection points. In the process of urban house demolition and reconstruction of dangerous buildings, immovable cultural relics and their appendages that have not been registered and announced shall be stopped immediately, the scene shall be protected, and the local cultural relics administrative department shall be reported in time. The administrative department of cultural relics shall arrive at the scene within twenty-four hours and put forward handling opinions within seven days.

Article 18

Provincial, municipal and county cultural relics protection units shall not be revoked without authorization. If the damage is caused by natural or unexpected reasons, the site should be protected. If it is really necessary to rebuild or cancel the original site, it must be demonstrated by experts and approved by the provincial people's government according to law.

Article 19

Immovable cultural relics should be protected in situ. Without legal approval, it shall not be moved or dismantled.

Article 20

The repair, maintenance, relocation and use of immovable cultural relics must abide by the principle of not changing the original state of cultural relics, and shall not be damaged, rebuilt or added.

The construction of cultural relics protection projects shall be carried out in accordance with the engineering design scheme approved by the administrative department of cultural relics. If it is necessary to change the important contents of the approved engineering design scheme, it must be approved by the original examination and approval authority.

Article 21

For newly discovered important immovable cultural relics, the administrative department of cultural relics shall, according to the needs of cultural relics protection, put forward suggestions for modifying and adjusting the overall land use planning and urban and rural construction planning, and the people's governments at or above the county level shall make modifications and adjustments in accordance with the planning procedures.

The formulation and implementation of special protection planning for historical and cultural cities, blocks and villages and towns shall be implemented in accordance with the Regulations on the Protection of Historical and Cultural Cities in Zhejiang Province.

Article 22

The people's governments at or above the county level shall delimit the scope of protection of cultural relics protection units within one year from the date of approval and promulgation; According to the needs of cultural relics protection, construction control zones can be delineated around cultural relics protection units.

The delineation of the protection scope and construction control zone of cultural relics protection units must ensure the safety of cultural relics and the integrity of historical features, and the opinions of the relevant competent departments and adjacent interested parties of cultural relics protection units should be sought before delineation.

The specific measures for the delineation of the scope of protection and the construction control zone of cultural relics protection units shall be formulated by the provincial cultural relics administrative department jointly with the provincial planning administrative department and implemented after being submitted to the provincial people's government for approval.

Article 23

If it is really necessary to carry out engineering construction or blasting, drilling, excavation and other operations within the protection scope and construction control zone of cultural relics protection units, it is necessary to ensure the safety of cultural relics protection units and go through the examination and approval procedures in strict accordance with the provisions of the Cultural Relics Protection Law; Without going through the above procedures, the relevant departments shall not apply for land use, production and construction permits.

Existing facilities, buildings and structures that endanger the safety of cultural relics protection units, pollute the cultural relics protection units and their environment, and destroy the historical features of cultural relics protection units shall be ordered by the people's government of the county (city, district) where the cultural relics protection units are located to be rectified within a time limit or dismantled according to law.

Article 24

Upon approval according to law, the relocation of cultural relics protection units and sites must be approved by the corresponding cultural relics administrative departments. The administrative department of cultural relics shall supervise and organize the acceptance of the relocation project.

Article 25

Non-state-owned immovable cultural relics shall be repaired and maintained by the owner and bear the relevant expenses.

Non-state-owned immovable cultural relics are in danger of being damaged, and it is difficult for the owner to undertake the repair obligation, so he may apply to the people's government at or above the county level for repair funds, and the people's government at or above the county level shall provide financial support; If the owner has the ability to bear the repair funds and refuses to perform the repair obligations, the local people's government shall organize emergency repair, and the expenses required shall be borne by the owner.

If the owner of non-state-owned immovable cultural relics transfers the non-state-owned immovable cultural relics, the local people's government may give priority to the purchase, and the purchase conditions shall be determined by both parties through consultation.

Article 26

If the use of immovable cultural relics by the owner or user seriously affects the protection of cultural relics, the local people's government may replace or purchase immovable cultural relics after consultation with the owner or user according to the actual needs of cultural relics protection.

Article 27

The administrative department of cultural relics of the people's government of a city or county (city, district) divided into districts shall sign a letter of responsibility for cultural relics protection with the owners or users of cultural relics protection units at all levels within their respective administrative areas, and clarify the rights and obligations of both parties according to law.

State-owned cultural relics protection units at the provincial, municipal and county levels that really need to change their management departments shall, according to the level of cultural relics protection units, be approved by the cultural relics administrative departments at or above the county level after obtaining the consent of the cultural relics administrative departments at the next higher level, and report to the people's government that originally announced it for approval. If it is really necessary for a state-level cultural relics protection unit to change its management department, it shall be implemented in accordance with relevant state regulations.

Article 28

The people's governments at or above the county level shall arrange certain funds in the urban construction and maintenance fees every year to be earmarked for the protection of historical blocks and urban historical sites. The specific proportion is determined in accordance with the relevant provisions of the provincial people's government.

Article 29

The provincial cultural relics administrative department shall organize forces to investigate the underwater cultural relics within the administrative area of this province, and if important cultural relics are found, the people's governments at or above the county level shall take corresponding protective measures.

Article 30

The people's governments at or above the county level shall strengthen the declaration and protection of world cultural heritage in accordance with international conventions and laws and regulations on the protection of cultural heritage.

Chapter IV Archaeological Excavation

Article 31

Cultural relics administrative departments at all levels shall strengthen the exploration of underground cultural relics within their respective administrative areas. The people's governments at or above the county level may, according to the underground cultural relics discovered by exploration and the records of relevant historical materials, determine and publish the buried areas of underground cultural relics.

Article 32

In the construction of underground cultural relics buried area, the construction unit shall, before delineating the red line of construction engineering survey and design, report to the provincial cultural relics administrative department or the cultural relics administrative department of the municipal people's government with districts entrusted by it to organize archaeological excavation units to carry out archaeological investigation and exploration.

Large-scale capital construction projects covering an area of more than 30 thousand square meters are carried out outside the underground cultural relics burial area. Before the red line of construction engineering survey and design is delineated, the construction unit shall report to the provincial cultural relics administrative department or the cultural relics administrative department of the municipal people's government with districts entrusted by it to organize archaeological excavations of places where cultural relics may be buried within the scope of the project.

The administrative department of cultural relics shall, within 30 days from the date of receiving the application, organize forces to carry out archaeological investigation and exploration within the scope of the project, and inform the applicant of the handling opinions of archaeological investigation and exploration.

Article 33

Found underground cultural relics, really because of the urgent construction period or the danger of natural destruction, need to rescue excavation, by the provincial administrative department of cultural relics or its entrusted by the administrative department of cultural relics of the Municipal People's government with districts to organize excavation, and report to the administrative department of cultural relics of the State Council for examination and approval.

No unit or individual may obstruct an archaeological excavation unit from conducting archaeological investigation, exploration and excavation. Before the end of the archaeological excavation, no construction or operation shall be carried out in the archaeological excavation area.

After the archaeological excavation, the provincial cultural relics administrative department shall promptly notify the construction unit in writing of the handling opinions. If it is found that important cultural relics need to be protected in situ, the people's governments at or above the county level shall instruct the construction unit to timely adjust the project construction plan and assist in the protection work.

Article 34

Capital construction and production construction need archaeological investigation, exploration and excavation, and the required funds shall be included in the construction project budget by the construction unit. Specific measures shall be implemented in accordance with relevant state regulations.

Article 35

Archaeological investigation and exploration for scientific research shall be reported to the provincial cultural relics administrative department for approval, and the trial excavation area shall not exceed 50 square meters. If it is really necessary to expand the trial excavation area for special reasons, it must be submitted for approval separately.

Chapter V Museums and Cultural Relics in Collection

Article 36

Libraries, archives and other state-owned museums and cultural relics collection units shall be equipped with special warehouses, full-time technicians and safety facilities in accordance with the provisions of laws and regulations.

Article 37

The administrative department of cultural relics shall organize forces to identify the cultural relics collected by cultural relics collection units. The first-class and second-class cultural relics in the collection shall be appraised and confirmed by relevant experts organized by the provincial cultural relics administrative department, and the third-class cultural relics in the collection shall be appraised and confirmed by relevant experts organized by the provincial cultural relics administrative department or the cultural relics administrative department of the municipal people's government with districts entrusted by it. The number of experts participating in the review shall not be less than three.

Article 38

Cultural relics collection units shall establish a strict cultural relics protection and management system, register all cultural relics collected, distinguish grades, establish collection files, and report them to the cultural relics administrative department of the people's government at the same level for the record. Without approval, no unit or individual may transfer the cultural relics in the collection.

The provincial cultural relics administrative department shall establish provincial-level one or two cultural relics collection files and cultural relics collection files of state-owned cultural relics collection units; The administrative departments of cultural relics of the people's governments of cities and counties (cities, districts) with districts shall establish cultural relics archives within their respective administrative areas.

Article 39

State-owned cultural relics collection units under any of the following circumstances, the collection of precious cultural relics, by the provincial administrative department of cultural relics or cultural relics collection units located in the districts of the Municipal People's government cultural relics administrative departments designated qualified state-owned cultural relics collection units escrow:

(a) there is no special cultural relics warehouse;

(two) the safety guarantee ability can not meet the prescribed standards;

(three) the lack of professionals or work is not suitable for collection and preservation;

(four) there are other circumstances that endanger the safety of the collection.

Non-state-owned cultural relics collection units under any of the above circumstances may entrust qualified cultural relics collection units for escrow.

Article 40

State-owned cultural relics collection units need to borrow their first-class cultural relics for exhibitions and scientific research, which shall be audited by the provincial cultural relics administrative department and reported to the cultural relics administrative department of the State Council for approval; Lend two or three cultural relics collection, it should be lent to the provincial cultural relics administrative departments for the record; Borrowing cultural relics from other collections shall be reported to the competent cultural relics administrative department for the record.

Non-state-owned cultural relics collection units and other units holding exhibitions need to borrow first-class cultural relics from state-owned collections, which shall be audited by the provincial cultural relics administrative department and reported to the cultural relics administrative department of the State Council for approval; Borrowing two or three cultural relics in the collection must be approved by the provincial cultural relics administrative department; Borrowing cultural relics from other state-owned collections shall be reported to the competent cultural relics administration department for approval.

Lending units and borrowing units of cultural relics shall sign a borrowing agreement according to law, clarifying the current situation, borrowing period, use, rights, responsibilities and obligations of both parties.

Article 41

Due to the needs of cultural relics protection and scientific research, sampling of the first-class cultural relics in the collection shall be reported to the provincial cultural relics administrative department for examination and approval, and reported to the cultural relics administrative department of the State Council for approval; Sampling of cultural relics below the second grade in the collection shall be reported to the provincial cultural relics administrative department for approval.

Article 42

People's governments at or above the county level shall encourage social forces to invest in museums.

Social forces to invest in museums shall meet the following conditions:

(1) Having its own name and organization;

(2) Having a site suitable for its functions;

(3) Having a certain number of representative and systematic cultural relics and other collections;

(4) Having professionals suitable for their business activities;

(5) Having funds or property suitable for its business activities;

(6) Having safety facilities that meet national requirements;

(seven) other conditions stipulated by laws and regulations.

Article 43

When applying for holding a museum, social forces shall submit the following materials to the cultural relics administrative department of the local people's government at or above the county level:

(1) An application for holding a museum;

(2) Catalogue of collections;

(3) Proof of the ownership or right to use the place;

(four) proof of the source of funds or capital verification report;

(5) Basic information and identity certificate of the person-in-charge to be appointed;

(6) Certificates of the managers and researchers to be employed;

(7) Draft articles of association of the museum;

(eight) other materials required by laws and regulations. The administrative department of cultural relics shall, within 20 days from the date of receiving the application, conduct a review and make a decision on whether or not to approve it; If it is not approved, it shall explain the reasons in writing. The approved museum shall go through the formalities of examination and approval and registration in accordance with the relevant provisions of the state before it can be opened to the public.

Article 44

The cultural relics administrative department of the people's government at or above the county level shall strengthen the professional guidance, supervision and management of museums organized by social forces.

Chapter VI Utilization of Cultural Relics

Article 45

The utilization of cultural relics should be reasonable and moderate. The people's governments at or above the county level and their administrative departments for cultural relics shall supervise and manage the utilization of cultural relics and provide guidance and services.

Article 46

State-owned cultural relics protection units can be open to the public on the premise of ensuring the safety of cultural relics, and their business income is used for cultural relics protection.

For state-owned cultural relics protection units with important value, the capacity control system for tourists and users shall be implemented.

Article 47

Sites for religious activities belonging to immovable cultural relics shall abide by the laws and regulations on the protection of cultural relics to ensure the safety of cultural relics, and the local cultural relics administrative department shall strengthen the supervision and management of the protection and utilization of cultural relics.

Article 48

Using cultural relics protection units to shoot movies, television and other audio-visual products, the shooting unit shall apply to the provincial cultural relics administrative department or the cultural relics administrative department of the municipal people's government with districts entrusted by it ten days in advance, and can only shoot after being approved according to law. Shooting with national key cultural relics protection units shall be reported to the cultural relics administrative department of the State Council for approval according to law.

Shooting precious cultural relics in the collection shall be reported for approval in accordance with relevant state regulations.

The filming unit shall take necessary measures to ensure the safety of cultural relics and pay relevant expenses in accordance with relevant state regulations.

Article 49

Cultural relics collection units should give full play to the role of cultural relics in their collections, and strengthen the publicity and utilization of outstanding historical and cultural heritage by holding exhibitions, scientific research and other activities.

State-owned museums are open to the public for not less than 250 days every year, and non-state-owned museums enjoying national and provincial preferential policies are open to the public for not less than 180 days every year. Museums should be open on holidays.

State-owned museums should be open to teachers, students, active servicemen, disabled people and citizens over 60 years of age free of charge or preferential treatment.

Chapter VII Folk Collection and Circulation of Cultural Relics

Article 50

Cultural relics obtained by citizens and organizations other than cultural relics collection units through legal channels are protected by law and can be circulated according to law, except those prohibited by laws and regulations.

Article 51

Citizens and organizations other than cultural relics collection units shall properly keep cultural relics in accordance with the law and accept the guidance and supervision of the administrative department of cultural relics; The precious cultural relics in its collection may require the provincial cultural relics administrative department or the cultural relics administrative department of the local people's government to designate a state-owned cultural relics collection unit for safekeeping.

Article 52

The establishment of cultural relics shops must be reported to the department designated by the provincial people's government for examination and approval, and can only be opened after obtaining a business license.

Article 53

Cultural relics sold by cultural relics shops and auctioned by auction enterprises shall be reported to the department designated by the provincial people's government for examination before sale and auction.

When the department designated by the provincial people's government examines the sale of cultural relics in cultural relics shops and the auction of cultural relics by auction enterprises, it may designate state-owned cultural relics collection units to give priority to purchase, and the purchase conditions shall be determined by both parties through consultation.

Article 54

The transportation, mailing and taking out of the country of cultural relics shall be examined and approved by the cultural relics entry-exit audit institution designated by the administrative department of cultural relics of the State Council according to law before the cultural relics leave the country, and the cultural relics exit mark shall be marked.

Article 55

Any unit or individual who transports, mails or carries cultural relics abroad shall truthfully declare to the customs, and shall not strip, replace, misappropriate or damage the exit signs of cultural relics without authorization.

Chapter VIII Legal Liability

Article 56

In violation of the provisions of this Ordinance, the relevant laws and administrative regulations have been punished, from its provisions.

Article 57

Whoever, in violation of the provisions of the second paragraph of Article 20 of these regulations, arbitrarily changes the important contents of the design scheme of the construction project shall be ordered by the cultural relics administrative department of the people's government at or above the county level to make corrections, and if serious consequences are caused, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed.

Article 58

Whoever, in violation of the provisions of Article 32 and Article 33 of these regulations, carries out engineering construction without archaeological investigation, exploration and excavation, or obstructs archaeological excavation units from carrying out archaeological work, shall be ordered by the administrative department of cultural relics of the people's government at or above the county level to make corrections, and if serious consequences are caused, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed.

Article 59

State-owned cultural relics collection units, in violation of the provisions of Article 39 of this Ordinance, refuse to implement the transfer and custody of precious cultural relics, and the cultural relics administrative department of the people's government at or above the county level shall order them to make corrections; If cultural relics are damaged, the responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.

Article 60

If a state-owned museum violates the provisions of the second and third paragraphs of Article 49 of these regulations, the cultural relics administrative department of the people's government at or above the county level shall order it to make corrections, and if it refuses to make corrections, the responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law. Non-state-owned museums that violate the provisions of the second paragraph of Article 49 of these regulations shall be ordered to make corrections by the cultural relics administrative department of the people's government at or above the county level. Refuses to correct, shall not enjoy the preferential treatment prescribed by the state and province.

Article 61

In violation of the provisions of the provisions of article fifty-fifth, shall be dealt with by the customs and the provincial administrative department of cultural relics.

Article 62

If the relevant person in charge of the people's government at or above the county level instigates or forces the administrative department of cultural relics or other relevant administrative departments not to perform their duties of cultural relics protection and management according to law, they shall be given administrative sanctions according to law.

Article 63

The administrative departments of cultural relics, other administrative departments and relevant administrative institutions responsible for the coordination, law enforcement, consultation and daily protection of cultural relics shall be given administrative sanctions according to law in any of the following circumstances:

(a) the implementation of examination and approval in violation of the provisions of this Ordinance;

(two) do not perform the duties of cultural relics protection and management;

(3) illegally borrowing or occupying cultural relics;

(four) other circumstances that should be given administrative sanctions according to law.

Article 64

Acts in violation of the provisions of these regulations, which constitute a crime, shall be investigated for criminal responsibility according to law.

Chapter IX Supplementary Provisions

Article 65

These Regulations shall come into force as of June 6, 2006. 1988165438+1The Regulations on the Protection and Management of Cultural Relics in Zhejiang Province adopted at the sixth meeting of the Standing Committee of the Seventh People's Congress of Zhejiang Province on October 28th shall be abolished at the same time.