Administrative Measures For The City's Underground Cultural Relics Protection

Original Language Title: 北京市地下文物保护管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399290.shtml

Administrative measures for the city's underground cultural relics protection

    (19th of September 24, 2013 municipal executive meeting November 7, 2013 Beijing Municipal People's Government order No. 251, published since March 1, 2014) first in order to strengthen the protection and management of underground cultural relics, according to the People's Republic of China cultural relics protection law, the Beijing Municipal implementation of People's Republic of China cultural relic protection measures on law and other relevant laws and regulations, combined with the municipality, these measures are formulated.

II underground cultural relics belong to the State, all units and individuals have the obligation to protect underground heritage.

    The city shall encourage units and individuals involved in the underground cultural relics protection work. Third municipal, district and county governments are responsible for underground cultural relics protection work within their respective administrative areas.

The municipal, district and county administrative departments of cultural relics to supervise and administer the underground cultural relics protection within their respective administrative areas.

    Development and reform, planning, land, construction, water supply, transportation, finance, public security and other relevant administrative departments, shall, within the scope of their functions according to law underground cultural relics protection work.

Article press, publication, radio, television, Internet and other media should be underground cultural relics protection advocacy, foster a good atmosphere of underground cultural relics protection.

    Cultural Administrative Department shall, together with the administrative departments such as planning, construction, building, construction, supervision and other underground cultural relics protection units and related personnel education and advocacy work.

    Fifth of municipal and district and county administrative departments of cultural relics should make outstanding contributions in the underground cultural relics protection units and individuals that recognize and reward.

Sixth, defined according to law, the relics buried underground. City Administration of cultural relics departments should be based on historical data, census data, such as the underground burial area probably buried cultural relics designated key monitoring area.

    Meet the requirements, it shall include underground burial area to carry out management.

Seventh of municipal cultural relics Administrative Department shall, in accordance with document research results, the actual objects of an archaeological investigation, exploration to establish the city's underground burial database, indicate buried underground cultural relics area, focus on areas such as content, and the actual results of archaeological investigation, prospecting, excavation records.

    City Administration of cultural relics departments should be adjusted according to actual situation underground cultural relics buried database and shared with urban planning Administration Department. Eighth of municipal cultural relics administration departments shall organize archaeological investigation, prospecting, excavation work, actively explore effective ways to encourage qualified the archaeological excavation units, combined with infrastructure, participate in the archaeological investigation, prospecting work.

Specific measures shall be formulated by the Administrative Department for cultural relics.

    Already done archaeological investigation, prospecting, construction projects, archaeological investigation, prospecting would not be repeated.

Construction of the article meets one of the following conditions, shall conduct archaeological investigation, prospecting:

(A) is located in the underground cultural relics buried;

(B) construction projects within the old city area more than 10,000 square meters;

(C) construction project outside of the old city with an area of over 20,000 square meters;

    (D) other cases stipulated by laws, rules and regulations.

Tenth Article Nineth herein other than construction, the construction units before construction and you can report to the Administrative Department for cultural relics and organizing archaeological investigation, prospecting, after receiving the unit reported to the municipal administration of cultural relics Department, should be arranged in a timely manner. No archaeological investigation, prospecting, construction units should be in place before the construction of the underground cultural relics protection plan, focused on monitoring of construction projects in the region's underground cultural relics protection plan shall be submitted to the Administrative Department for cultural relics for the record.

    Record the specific measures shall be formulated by the Administrative Department for cultural relics. 11th for compliance with the provisions of article Nineth land reserve development project, assume control of land reserve units (hereinafter referred to as storage units) should be in accordance with the provisions of this city, reported to the organization by the administration of cultural relics and archaeology.

Excavation units to conduct archaeological investigation, prospecting.

    Upon completion of the archaeological investigation, prospecting, the archaeological excavation units shall be issued to the entry conditions, relevant observations as a basis for land market transactions.

12th plan administration to unit planning condition or the issuance of site submissions, writing tip units in construction in terms of the measures reported to the organization by the administration of cultural relics and archaeology investigations, explorations or develop protection plans for cultural relics administration departments for the record and inform the Administrative Department for cultural relics.

    Written tips planning Administrative Department shall be informed at the same time construction administrative department or the monitoring of major construction projects, including transportation, water conservancy departments.

    Article 13th in line with the provisions of article Nineth construction projects, construction administrative departments or the traffic, supervision of water conservancy construction project Department in construction before the reminder unit should be reported to the Administrative Department for cultural relics and organizing archaeological investigation, prospecting, and inform the Administrative Department for cultural relics.

    Article 14th in line with the provisions of article Nineth construction project, the construction unit shall, before construction approval of the Administrative Department for cultural relics and organizing archaeological excavation units to conduct archaeological investigation, prospecting, and urge the construction units at the time of preparation of construction organization design, arrangement of archaeological investigation, prospecting, the relevant arrangements should be dovetailed with the construction deployment, General Schedule. 15th of municipal cultural relics administration departments to a storage unit or construction applications, at the construction site under the condition of archaeological investigation, prospecting, shall, in accordance with regulations of archaeological investigation, prospecting work.

Archaeological investigation, prospecting after the archaeological excavation units relevant observations should be written notice to the storage unit and the employer.

    Archaeological investigation, prospecting work in accordance with the time frame for each of 10,000 square meters in seven working days, in addition to snow, ice, and other special circumstances, should not be longer than two months.

16th discovered, archaeological investigation, prospecting, organized by the Administrative Department for cultural relics storage unit or units, construction unit, the related objects of an archaeological excavation units to determine the protection programme, taking protective measures. Archaeological excavations in the discovery is of great historical, artistic or scientific value of ancient ruins and ancient tombs, you need to implement the site protected, should be implemented in-situ protection.

    Implementation of in-situ protection, city planning and administration departments, city administration of cultural relics in conjunction with other departments to ensure adjustment scheme of a construction project or location.

    Article 17th of citizens, legal persons and other organizations to take underground relics protection measures or underground cultural relics protection in line with the Government, the Government calls for reasonable compensation for its losses, specific measures for the administration of cultural relics in conjunction with city planning, municipal finance and other administrative departments.

18th construction units, contractors found during construction of underground cultural relics shall take immediate and effective measures and inform the Administrative Department for cultural relics protection. Supervision in the course of supervision, found to have construction protects the continuing construction of underground cultural relics shall promptly check and inform the Administrative Department for cultural relics.

    Administrative Department for cultural relics after receiving the notice, shall, within 24 hours of organizing archaeological excavation units arrived at the scene.

Article 19th cultural Administrative Department within the administrative area of the construction site supervision and inspection of underground cultural relics protection work, construction, construction supervision and inspection work shall cooperate with the Administrative Department for cultural relics.

    Cultural administrative departments should strengthen the relics buried underground areas and focus on monitoring the routine inspection of the area, construction of the provisions of this article Nineth and engineering and construction of key monitoring area of the underground construction site supervision and administration of cultural relics protection work. 20th no units and individuals in other underground cultural relics found during production activities, it should be immediately effective protection against underground cultural relics and to inform the Administrative Department for cultural relics.

    Administrative Department for cultural relics after receiving the notice, should be dealt with within 24 hours to arrive at the scene.

    Article 21st village Committee in organizing the implementation of the construction plan, irrigation, roads and other infrastructure, as well as guiding the villagers to build their own homes, dig irrigation ditches, wells and other activities, should focus on protection of underground cultural relics found underground cultural relics, shall take effective measures and inform the Administrative Department for cultural relics protection. 22nd article of any unit and individual failure of underground cultural relics shall immediately report to the Administrative Department for cultural relics.

The cultural Administrative Department upon receipt of the report, should be processed in a timely manner, and informed of the results of an informer. Municipal, district and county administrative departments of cultural relics should be reported is true, to investigate acts of destruction of underground cultural relics whistleblower reward for clues or evidence.

    Specific measures formulated by the municipal cultural relics administration, financial administration, in conjunction with the Department.

    23rd violates article tenth of the approach specified in the second paragraph, the construction unit focused on monitoring of construction projects in the region are not underground protection plan for cultural relics administration departments for the record, by the Administrative Department for cultural relics Department fine of 10,000 yuan.

    24th article violation this approach 14th article provides, units not in construction Qian reported to the city heritage administration sector organization archaeological excavations units for archaeological survey, and exploration of, construction units not according to provides in prepared construction organization design Shi arrangements archaeological survey, and exploration matters of, by city heritage administration sector ordered deadline corrected, can and at 10,000 yuan above 30,000 yuan following fine; constitute crime of, by judicial organ law held criminal.

25th violation to the first paragraph of article 18th, construction, contractors discovered the underground cultural relics protection measures are not taken, without notice to the Administrative Department for cultural relics, by the cultural Administrative Department shall be ordered to correct, and a fine of between 10,000 yuan and 30,000 yuan constitutes a crime, shall be investigated for criminal responsibility by judicial organs.

    Violation of paragraph II of this article 18th, supervisor fails to notify the Administrative Department for cultural relics, by the cultural Administrative Department fines of between 10,000 yuan and 30,000 yuan.

    Section 26th unit, construction and supervision information violating these rules subject to administrative penalties, it shall be recorded into the enterprise credit information system of this municipality.
27th article violates these rules, no archaeological investigation, prospecting, protection measures have been taken, causing damages of cultural relics shall bear civil liability.

    28th with underground cultural relics protection responsibilities of administrative organs and their staff in violation of the rules by its higher administrative authorities or the supervisory organs shall investigate the direct responsible officers administrative responsibility and the other persons constitutes a crime, shall be investigated for criminal responsibility by judicial organs. 29th these measures come into force on March 1, 2014.