Administrative Measures On Cultural Relic Protection Units In Hunan Province

Original Language Title: 湖南省文物保护单位管理办法

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(April 9, 2008 4th meeting consideration of the people's Government of Hunan province on May 7, 2008, Hunan provincial people's Government promulgated as of July 1, 2008, No. 223) Chapter I General provisions article in order to strengthen the management of cultural relics protection units, regulate the rational use of cultural relics protection units, in accordance with the People's Republic of China cultural relic protection law and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.
    Second cultural relic protection units in these measures refers to special protection announced by the people's Governments above the county level has important historical, artistic or scientific value of the sites of ancient culture, ancient tombs, ancient architectural structures, cave temples, stone carvings, frescoes, modern and important historical sites and typical buildings and other immovable cultural relics.
    People's Governments at various levels shall implement article III protection, rescue first, reasonable use, strengthening the management of heritage conservation policy, correctly handle the relationship between economic development, social development and protection of cultural relics, to ensure their safety.
    Article at various levels shall be responsible for the protection of cultural relics protection units within their respective administrative areas.
    Cultural relics administration departments at or above the county level shall exercise supervision over the protection of cultural relics protection units within their respective administrative areas management.
    The people's Governments above the county level shall finance, construction, planning, real estate, tourism, religion, fire administration, in accordance with their respective responsibilities, to protect cultural relics protection units of work.
    Chapter fifth approved cultural relics protection units into the national key cultural relics protection units and State, provincial and city level, county-level cultural relic protection units.
    Sixth article on has important history, and art, and science value of not mobile heritage, County Government should timely approved announced for County heritage protection units, or reported to the superior Government approved announced for corresponding level of heritage protection units, superior Government can directly select important of not mobile heritage, approved announced for this level heritage protection units, or in subordinate Government approved announced of heritage protection units in the, select important of approved announced for this level heritage protection units.
    Article seventh city, State, County, city, State, announced by the people's Governments shall be approved in a timely manner level, county-level cultural relic protection units, submitted to the provincial people's Government for the record.
    Provincial people's Government for approval and announcement of provincial-level cultural relic protection units to the State Council for the record and select key cultural relics protection units report to the Administrative Department for cultural relics under the State Council of national key cultural relic protection units.
    Article eighth of approved and announced by cultural relics protection units, delineate the scope of protection and construction control zones.
    The people's Government above the county level should be established according to law of cultural relics protection unit sign.
    No units or individuals may sign of damaged cultural relics protection units.
    Nineth has not authorized release of unmovable cultural relics of the cultural relics protection units, be registered and published by the Administrative Department for cultural relics under the county level.
    Third chapter protection tenth article heritage protection units of following elements, should be protection: (a) composition heritage protection units of the monomer buildings, and structures, and subsidiary building, and ancient building component, and inscriptions, and tombs, and site, and ancient tree name wood; (ii) attached Yu heritage protection units does have save meaning of sculpture, and decorative, and signature, and reinforcement facilities or alterations real; (three) protection range, and construction control zone within and heritage protection units related of history buildings, and Memorial buildings and other Humanities and natural environment style,.
    11th national key cultural relics protection units and the provincial-level cultural relic protection units and by the Administrative Department for cultural relics under the guidance of local people's Governments, conservation planning.
    City, State, and county-level cultural relic protection units, as required, preparation of the conservation plan by the local government.
    Relevant people's Government on the establishment of urban and rural planning, environmental planning and the planning of scenic area, should meet the requirements of cultural relics protection, dovetailed with the preservation plan of cultural relic protection units.
    12th people's Governments above the county level shall set up specialized agencies and special management of the cultural relics protection units or designated agencies, personnel management.
    13th cultural relic protection unit management should establish and improve the conservation rules and regulations, establishment of responsibility system of unexpected public emergency, taking the necessary safety precautions, and signed with the local government administrative Department for cultural relics protection management responsibility.
    Cultural relics protection unit management managers should be subject to local cultural relics Administrative Department for cultural relics business training, may, in accordance with its security personnel equipped with the necessary defensive equipment.
    14th cultural relics administration departments at or above the county level should be combined with the protection of the cultural relics protection units and related cultural relics collection, collation.
    Section 15th of the cultural relics protection units carry out maintenance, repairs, emergency reinforcement, protective installation, migration, and must comply with the principle of cultural relics in the status quo, and in accordance with the relevant provisions of the project, prospective design, construction, supervision and acceptance. 16th in the context of the protection of cultural relics protection units and other construction works shall not be carried out or blasting, drilling and mining operations.
    Due to special circumstances, must be reported to the relevant people's Government approval, and prior permission consent agreement of the Administrative Department for cultural relics in accordance with law.
    In cultural relics protection units of building construction works within the control zone, their engineering programmes in accordance with agreement of the Administrative Department for cultural relics under the agreement.
    Without the consent of the relevant approval in accordance with law and the Administrative Department for cultural relics under, planning and administration shall not approve their work.
    17th against cultural relics protection unit security, destruction of cultural relics protection unit historic buildings and structures, the people's Governments above the county level shall timely investigate and deal with, if necessary, it shall be demolished the buildings and structures.
    18th cultural relic protection unit owners, users have the obligation to protect cultural relics.
    State-owned cultural relics protection units due to wrong use affecting the safety of cultural relics, the cultural relics Administrative Department shall order the rectification; fails to reform, concerned shall take the appropriate measures to protect cultural relics safety.
    Non-State-owned cultural relics protection units for all, make the wrong use of affecting the safety of cultural relics by the relevant Administrative Department for cultural relics under the guidance of its corrective action; cannot fix, through people's Government and all concerned persons, replacement or purchase.
    19th State-owned cultural relics protection units may not be transferred or mortgaged. Non-State-owned cultural relics protection units may not be transferred, mortgaged to foreigners.
    Non-State-owned by the local people's Government to help repair cultural relics protection units, transfer, mortgage, or change of use, based on level of cultural relic protection unit should be reported to the relevant Administrative Department for cultural relics under approval.
    20th to encourage repair conditions do not have all of the non-State-owned cultural relics protection units donated to the State, for people's Government shall give the corresponding rewards.
    Article 21st has not yet been approved for cultural relic protection units of unmovable cultural relics, the local people's Governments shall take measures to protect.
    22nd to encourage settlements (villages) the Commission to set up mass organizations of cultural relics protection, in the Administrative Department for cultural relics and heritage conservation units management guidance, the support of conservation activities.
    23rd people's Governments at various levels should invest more in cultural relics protection units to protect funding for the management of, heritage protection management requirements included in the present budget. Obtained by the State-owned cultural relics protection unit open to the public and tickets and other business income should be used for the protection of cultural relics protection units.
    Non-State-owned cultural relics protection unit open to the public and tickets received by revenue, should guarantee the protection of cultural relics protection units cost.
    Encourage citizens, legal persons and other organizations for the protection of cultural relics protection units to provide donations. 24th article for cultural relics administration departments at or above the county level staff with administrative law enforcement, can go into protection units to carry out on-site inspections.
    The units under inspection shall cooperate.
    The fourth chapter opened by 25th to encourage citizens, legal persons and other organizations involved in cultural relics protection units and open use activities.
    Encourage heritage conservation units, according to its actual conditions, open to the public.
    26th the people's Governments above the county level shall organize relevant departments to formulate cultural relic protection unit open plan into account in tourism planning and guidance related to product development, improve transport, power, water, food, shopping and other facilities.
    Tourism Administration Department of the people's Governments above the county level should be open to use cultural relics protection units under tourist routes.
    27th article heritage protection units to social open, should meet following provides: (a) on heritage and the history style not caused damage; (ii) has legal of management institutions and personnel; (three) has delineation protection range and construction control zone, established logo description; (four) has sound of heritage protection management system and financial management system; (five) security fire facilities reached national provides of risk grade protection standard, security status suitable public visit tour; (six) has recovery displayed exhibition or auxiliary displayed exhibition;
    (VII) compliance with laws, rules and regulations and the relevant provisions of the State.
    28th people's Governments above the county level shall be site of revolutionary cultural relics protection units identified as the revolutionary tradition and patriotism education base, open to use.
    29th open units to be protected, should properly handle the relationship between the interests of all parties, safeguarding the legitimate rights and interests of the parties and open the normal order of cultural relic protection units.
    30th article heritage protection units to social open by do of displayed show, should followed following provides: (a) exhibits to original mainly, on using of copies, and imitations and auxiliary exhibits be express; (ii) has meet standard of security technology prevention equipment facilities; (three) has reflected its history culture connotation of related text description; (four) explained content reflect heritage protection units of history, and art, and science value, shall not distorted history facts or contains superstition content. 31st in circumstances that may affect the safety of the cultural relics, travel control system against cultural relics protection units. Specific measures relating to the provincial cultural relics Administration Department in conjunction with the tourism departments.

    32nd open use of cultural relics protection units shall not be any of the following acts: (I) effect of cultural relic protection unit safety and environmental activities, (ii) defy nature and cultural relic protection units and functional activities, (c) unauthorized shot film, television and other audio-visual products; (iv) in unauthorized places of worship of religious activities within the cultural relic protection units.
    33rd cultural relics administration departments at or above the county level shall strengthen cultural relics protection units and open use of operational guidance and supervision and inspection.
    Provincial administration of national key cultural relics protection units, open use of provincial-level cultural relic protection units in conducting integrated assessments on a regular basis.
    34th fifth chapter legal liability for breach of paragraph III of this article eighth, damaging cultural relics protection unit symbol, the public security organ or unit of cultural relics in a warning, ordering restitution or compensation, may be fined a maximum of 200 Yuan.
    35th article violates this article 27th and 32nd in subparagraph (a), (b) provisions of the cultural relics administration departments at or above the county level rectification; fails, between 10000 and 3000 Yuan Yuan fines; the circumstances are serious, shall be ordered to be closed.
    36th article violates this article 32nd (c), (d) the provision, by the people's Governments above the county level, religious Administrative Department for cultural relics in accordance with relevant laws, rules, and regulations will be punished.
    37th article violates other provisions of this approach from the cultural relics administration departments at or above the county level shall be ordered to correct, and in accordance with the People's Republic of China cultural relic protection law and related laws, rules and regulations will be punished.
    38th staff of the people's Governments at various levels and relevant Administrative Department for cultural relics, in the management of cultural relics protection units, any of the following acts shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law: (a) permission to abuse, failure to perform duties or finds an offence is not investigated, resulting in serious consequences, (ii) corruption, misappropriation of cultural relic protection fund.
    Sixth chapter supplementary articles article 39th historical and cultural city and the management of historical and cultural famous neighborhoods, villages, in accordance with the relevant provisions of the State.
                                                                                                                    40th these measures shall come into force on July 1, 2008.

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