Regulations On Protection Of Historical And Cultural Cities Towns Villages

Original Language Title: 历史文化名城名镇名村保护条例

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People's Republic of China promulgated by Decree No. 524

                     The preservation of famous historical and cultural city town village Ordinance Executive meeting of the State Council on April 2, 2008 the 3rd pass, are hereby promulgated and come into force since July 1, 2008.

                      Prime Minister Wen Jiabao

The April 22, 2008

Regulations on protection of historical and cultural cities towns villages

Chapter I General provisions

First in order to strengthen the historical and cultural city, town, village conservation and management, inherited the splendid historical and cultural heritage, this Ordinance is enacted.

Second historical and cultural cities, towns, villages reporting, approval, planning, protection, this Regulation shall apply.

Article III of famous historical and cultural city, town, village of protection should follow scientific plan, strict protection of the principle of maintaining and continuing the traditional pattern and history, maintaining the authenticity and integrity of the historical and cultural heritage, and inherit and carry forward the fine traditional culture of the Chinese nation, correctly handle the relationship between economic and social development and the protection of historical and cultural heritage.

Fourth national famous historical and cultural city, town, village protection provide the necessary financial support.

Famous historical and cultural city, town, village location of local people's Governments at or above the county level, according to local conditions and arrangements to protect funds, included in the financial budgets.

The State encourages enterprises, institutions, social groups and individuals involved in the protection of historic and cultural city, town, village.

Article fifth building departments in conjunction with the departments of cultural relics under the State Council in charge of the national historical and cultural city, town, village of protection and supervision and management work.

Local people's Governments at various levels shall be responsible for the administrative area of historical and cultural city, town, village of protection and supervision and management work.

Sixth people's Governments and their departments at or above the county level historical and cultural cities, and towns, village protection units and individuals who make outstanding contributions to the work, in accordance with the relevant provisions of the State recognizes and rewards.

Chapter II application and approval

Article seventh has the following cities, towns, villages, declared historical and cultural city, town, village:

(A) the particularly rich in heritage preservation;

(B) historical buildings into pieces;

(C) retained traditional patterns and historical style;

(D) history as a political, economic, cultural, and transportation center or military importance, or important historical events occurred, or its traditional industries, construction of major projects in the history of the region had an important influence on the development of, or to reflect the region's culture and national characteristics.

Declared historical and cultural cities, declared historical and cultural relics within the scope of protection should also be 2 per cent of historical and cultural blocks.

Article eighth declared historical and cultural city, town, village, and shall submit the Declaration of historical and cultural city, town, village of the following materials:

(A) history, local characteristics and description of the historical and cultural value;

(B) the status of traditional and historical style;

(C) the scope of protection;

(D) the immovable cultural relics, historic buildings, historic list;

(E) protection of work, objectives and requirements.

Nineth declared historical and cultural cities, the people's Governments of provinces, autonomous regions and municipalities directly under the application, building departments in conjunction with the departments of cultural relics by the State Council relevant departments, experts demonstrate, review comments, approved by the State Council announced.

Declared historical and cultural towns, village, the local people's Governments at the county level to apply, by provinces, autonomous regions and municipalities determined in conjunction with the departments of cultural relics protection authorities of relevant departments, experts demonstrate, review comments, announced approval of the people's Governments of provinces, autonomous regions and municipalities.

Article tenth subject to this Ordinance, article seventh and did not declare the conditions of famous historical and cultural cities city building departments of the State Council in conjunction with the departments of cultural relics to the city seat of the province, autonomous region people's Government for the Declaration of recommendations still not declared, can be directly submitted to the State Council determined that the recommendations of the city as a historical and cultural city.

On meet this Ordinance seventh article provides of conditions and no declared history culture name town, and name village of town, and village, province, and autonomous regions, and municipalities Government determine of protection competent sector with sibling heritage competent sector can to the town, and village location of County Government proposed declared recommends; still not declared of, can directly to province, and autonomous regions, and municipalities Government proposed determine the town, and village for history culture name town, and name village of recommends.

11th building departments in conjunction with the departments of cultural relics under the State Council has approved the release of famous historical and cultural town, in the village, in strict accordance with relevant evaluation criteria, selection is of great historical, artistic or scientific value of famous historical and cultural towns and villages, after experts identified as China's famous historical and cultural towns and villages.

12th has approved the release of historical and cultural city, town, village, for failing to protect its historical and cultural value is seriously affected, approval authorities should be on the endangered list, published, and entrusted the city and County, where the deadline to take remedial measures to prevent the situation continued to deteriorate, and improving protection systems, strengthen conservation efforts.

Chapter III protection plan

13th historical and cultural city ratified following the publication of historical and cultural city people's Governments shall organize the preparation of historical and cultural relics protection plan.

Approval of the famous historical and cultural towns and villages following the publication of the county people's Governments shall organize the preparation of famous historical and cultural town, village conservation planning.

Protection planning from the famous historical and cultural city, town and village completed within 1 year from the date of the approval.

Article 14th protection plan shall include the following information:

(A) protection of principle, content and scope of protection;

(B) measures of protection, development intensity and building control requirements;

(C) traditional and historic landscape preservation requirements;

(D) the historical and cultural district, town and village core protected areas and building control areas;

(E) conservation plan for phased implementation programmes.

15th preservation of famous historical and cultural city, town planning planning period should be consistent with the master plan of city and town planning periods; protection planning of history and culture village planning period should be consistent with the validity term of village planning.

Article 16th before planning to submit for approval, protection planning the establishment of the authority should consult widely with relevant departments, experts and the public on; if necessary, the hearing can be held.

Protection plan submitted for approval should be attached to the adoption file, and reasons for hearings, should also be attached with the hearing record.

Article 17th planned by the people's Governments of provinces, autonomous regions and municipalities for approval.

Protection planning the establishment of the authority should be approved by the law of conservation of historical and cultural city planning and protection planning of China's famous historical and cultural towns and villages, building departments of the State Council and the departments of cultural relics under the State Council for the record.

Article 18th conservation planning the establishment of the organ shall promptly publish the approved conservation plan. Article 19th protection plan approved by the law, no unauthorized changes; necessitates modification, protection planning the establishment of the Office shall be submitted to the original examination and approval organ special report, by consent, before preparation of the modified programme.

Revised protection plan shall be submitted for approval under the original approval procedure.

20th the competent construction department in conjunction with the departments of cultural relics shall strengthen the supervision and inspection of the implementation of the conservation plan.

Local people's Governments at or above the county level shall strengthen the supervision and inspection of the administrative implementation of the conservation plan, and the famous historical and cultural city, town and village to assess conservation status; issues found should be corrected, processed in a timely manner.

Fourth chapter measures of protection

Article 21st famous historical and cultural city, town, village, integrated protection, maintain traditional, historic and spatial scales may not change with the interdependence of the natural landscape and the environment.

22nd famous historical and cultural city, town and village where local people's Governments at or above the county level should according to the level of local economic and social development, in accordance with the conservation planning, control of famous historical and cultural city, town, village, population, improve the famous historical and cultural city, town, and village infrastructure, public services and living conditions.

23rd in the famous historical and cultural city, town, villages engaged in construction activities within the scope of protection, and shall meet the protection requirements and shall not impair the authenticity and integrity of the historical and cultural heritage, not destructive impact on their traditional patterns and history.

24th in historical and cultural city, town, village within the scope of protection prohibits the following activities:

(A) quarries, quarrying, mining, and other activities to destroy the traditional layout and history;

(B) the preservation planning for the occupation to remain green, River and lake water system, roads and so on;

(C) the construction of the production or storage of explosive, flammable, radioactive, poisonous or corrosive substances, such as factories, warehouses;

(D) Division, smearing on historic buildings.

25th in the famous historical and cultural city, town and village the following activities within the scope of protection, and protect their traditional, historic and historic buildings; protection plan of city and County approval of the competent departments of cultural relics of the town and country planning department, and in accordance with the provisions of relevant laws and regulations of the relevant formalities:

(A) altering the landscape, River and lake water system and other State activities;

(B) film in the core protected areas, organized large-scale mass activities;

(C) other activities of traditional patterns, history or historical buildings.

26th historic neighborhoods, towns, and village construction of new buildings and structures within the control zone, shall comply with the conservation planning to identify the building control requirements.

27th on the famous historical and cultural blocks, towns, buildings and structures within the village core protected areas should be different circumstances, take the appropriate measures, classification and protection.

Historic neighborhoods, towns, historic buildings within the village core protected areas should keep the original height, body weight, appearance, image and color. 28th in the historical and cultural district, town and village core within the scope of protection shall not be carried out construction and expansion activities.
However, the new, expanded except for necessary infrastructure facilities and public services.

In historical neighborhoods, towns, and village core within the scope of protection, construction and expansion of the necessary infrastructure and public service facilities, city and county governments and rural planning department construction project planning permit, rural construction planning permit should seek the views of cultural relics departments at the same level.

In historical neighborhoods, towns, and village core within the scope of protection, the demolition of historic buildings outside the building, structure or other facility shall be subject to city and County approval of the competent departments of cultural relics of the town and country planning department. 28th 29th approval of the regulations provided for in article-building, and approval authorities shall organize experts and approval be publicized, for public comment, informed the interested parties have the right to request hearings.

Public notice not less than 20th.

Interested parties to request a hearing shall be made during the publication period, approval authority for the hearing shall be held in public after the expiration of time.

Article 30th history of city and county governments should be in neighborhoods, towns and the main entrances of the village core protected areas sign.

No unit or individual may unlawfully set, moved, altered or damaged signs. 31st historic neighborhoods, towns, village core within the scope of protection of fire equipment, fire exits, shall be in accordance with the relevant technical standards and norms set on fire.

Due to the historical and cultural protection needs of the neighborhood, town, village, not in accordance with the standards and norms set by municipal or county public security fire control institutions in conjunction with the urban planning departments formulate corresponding fire safety assurance programme.

32nd city and County historic buildings should be set the protected flag, set up archives of historic buildings.

Historic archive should include the following:

(A) the architectural feature, historical feature, building age and rarity;

(B) relevant technical data of the building;

(C) the status and ownership of the building changed;

(D) the building process of renovation and decoration in the form of text, drawings, photos, video and other information;

(V) construction of surveying and mapping information records and related information.

33rd ownership shall, in accordance with the protection of historic buildings the planning requirements, is responsible for the maintenance and repair of historic buildings.

Local people's Governments at or above the county level can range from conservation of historical buildings in the maintenance and repair of subsidies.

With damaged historic buildings dangerous, the owner is not maintenance and repair of local people's Governments shall take measures to protect.

Without authorization, no unit or individual is allowed to damage or relocation, the demolition of historic buildings.

Article 34th site of the construction project should be avoided as much as possible historic buildings; special circumstances cannot be avoided, should as far as possible the implementation of in-situ protection.

To protect historic buildings to the site, the construction unit shall first identify protection measures, city and County approval of the competent departments of cultural relics of the town and country planning department.

Building activities for public interest, on the site of the historic buildings cannot be implemented protect, you must migrate your offsite protection, or removed, should be by the city and county governments and Rural Planning Department in conjunction with the cultural relics Department, provinces, autonomous regions and municipalities to determine the approval of the competent departments of cultural relics Protection Department.

The historic building on the original site of the provisions of this article protection, migration, demolition costs, the construction unit included in the project budget.

External repairs of historical buildings decorated the 35th article, add facilities and changing the structure or the nature of the historical building shall be subject to city and County approval of the competent departments of cultural relics of the town and country planning department, and in accordance with the provisions of relevant laws and regulations of the relevant formalities.

Article 36th in the famous historical and cultural city, town and village within the protection relates to protection of cultural relics, shall implement the protection provisions of laws and regulations.

The fifth chapter legal liability

37th in violation of the provisions of this Ordinance, building departments of the State Council, the State Council in charge of cultural relics departments and local people's Governments at or above the county level and their relevant competent authorities staff fails to perform the duty of supervision and management, found violations is not investigated or other acts of abuse of power, negligence, malpractice, constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, he shall be subject to punishment.

38th in violation of the provisions of this Ordinance, any one of the following acts of the local people, by the higher people's Governments shall be ordered to correct to the direct responsible person in charge and other direct liable persons shall be given disciplinary action:

(A) failing to organize preparation of the conservation plan;

(B) do not protect plans formulated in accordance with legal procedures;

(C) unauthorized modification protection planning;

(D) the approved conservation plan has not been made public.

39th article violation this Ordinance provides, province, and autonomous regions, and municipalities Government determine of protection competent sector or city, and County Government urban and rural planning competent sector, not according to protection planning of requirements or not according to statutory program perform this Ordinance 25th article, and 28th article, and 34th article, and 35th article provides of approval duties of, by this level Government or superior Government about sector ordered corrected, informed criticism; on directly is responsible for of competent personnel and other directly responsibility personnel, law give disposition.

40th in violation of the provisions of this Ordinance, the city and county governments for failing to protect, lead has approved the release of historical and cultural cities, towns, villages being on the endangered list, by the higher people's Government criticized; directly responsible in charge and other direct liable persons shall be given sanctions. 41st article violation this Ordinance provides, in history culture city, and name town, and name village protection range within has following behavior one of of, by city, and County Government urban and rural planning competent sector ordered stop violations, and deadline recovery undisturbed or take other remedy measures; has illegal proceeds of, confiscated illegal proceeds; late not recovery undisturbed or not take other remedy measures of, urban and rural planning competent sector can specified has capacity of units on behalf of recovery undisturbed or take other remedy measures, by needed costs by illegal who bear

Causing serious consequences, the unit and fines of between 500,000 yuan and 1 million Yuan for individuals and fines of between 50,000 yuan and 100,000 yuan; losses caused shall bear liability for:

(A) quarries, quarrying, mining and other traditional patterns and historical style;

(B) the preservation planning for the occupation to remain green, River and lake water system, roads, etc;

(C) the construction of the production or storage of explosive, flammable, radioactive, toxic, corrosive articles factory, warehouse, etc.

42nd in violation of the provisions of this Ordinance, carved in the history building, smearing, by the city and county governments and rural planning authorities shall order restitution or to take other remedial measures, a fine of 50 Yuan. 43rd article violation this Ordinance provides, without urban and rural planning competent sector with sibling heritage competent sector approved, has following behavior one of of, by city, and County Government urban and rural planning competent sector ordered stop violations, and deadline recovery undisturbed or take other remedy measures; has illegal proceeds of, confiscated illegal proceeds; late not recovery undisturbed or not take other remedy measures of, urban and rural planning competent sector can specified has capacity of units on behalf of recovery undisturbed or take other remedy measures,

The costs borne by the offender causing serious consequences, the unit and fines of between 50,000 yuan and 100,000 Yuan on individuals and to a fine of up to 10,000 yuan and 50,000 yuan; losses caused shall bear liability for:

(A) altering the landscape, River and lake water system and other State;

(B) the film, organized large-scale mass activities;

(C) the demolition of historic buildings outside the building, structure or other facility;

(D) the external renovation of historic buildings add decoration, facilities and changing the structure or the nature of historic buildings;

(E) other traditional patterns, history or historical buildings.

Relevant entities or individuals authorized to carry out such activities, but activities on the traditional pattern, historic or historic buildings, causing devastating effects, in accordance with the provisions of the first paragraph of this article shall be punished. 44th article violation this Ordinance provides, damaged or unauthorized migration, and demolition history building of, by city, and County Government urban and rural planning competent sector ordered stop violations, and deadline recovery undisturbed or take other remedy measures; has illegal proceeds of, confiscated illegal proceeds; late not recovery undisturbed or not take other remedy measures of, urban and rural planning competent sector can specified has capacity of units on behalf of recovery undisturbed or take other remedy measures, by needed costs by illegal who bear; caused serious consequences of,

Unit and a fine of less than 200,000 yuan and 500,000 yuan for individuals and fines of between 100,000 yuan and 200,000 yuan; losses caused shall bear liability.

45th in violation of the provisions of this Ordinance, without sets, moved, altered or damaged historical and cultural district, town and village signs, by the city and county governments and Rural Planning Department a rectification; fails, the unit of between 50,000 yuan and 10,000 yuan fine for individuals of less than 1000 Yuan and 10,000 yuan fine.

46th in violation of the provisions of this Ordinance, the famous historical and cultural city, the town, causing damage of cultural relics in the village, according to the cultural relics protection laws and regulations shall be punished; constitutes a crime, criminal responsibility shall be investigated according to law.

The sixth chapter supplementary articles

47th article of the Ordinance the meaning of the following terms:

(A) historical architecture, published by the means established by the city and county governments have some protective value, to reflect the history and local characteristics, not listed as cultural relics protection units, buildings and structures that are not registered as unmovable cultural relics.

(B) the historical and cultural blocks, is signed by the provinces, autonomous regions and municipalities approved and announced to preserve heritage particularly rich, historical and architectural set pieces, to more complete and truly reflect the traditional structure and history, and areas with a certain scale.

The specific measures for the implementation of the protection of historical and cultural blocks shall be formulated by the competent construction department in conjunction with the Department of cultural relics. 48th article of the regulations come into force on July 1, 2008.

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