Administrative Measures On Cultural Relics Protection In Urumqi City

Original Language Title: 乌鲁木齐市文物保护管理办法

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Administrative measures on cultural relics protection in Urumqi city

    (December 10, 2011 the city of Urumqi municipal people's Government at the 38th Executive meeting January 7, 2012 113th Urumqi people's Government promulgated as of February 15, 2012) first in order to strengthen the protection and management of cultural relics, and inheritance of historical and cultural heritage, according to the People's Republic of China cultural relics protection law, the State Council of the People's Republic of China regulations on cultural relics protection law and other laws and regulations, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city's cultural relics protection, management and use of these procedures apply.

    The third municipal, district (County) Government heritage conservation should be integrated into land-use planning, urban and rural planning and tourism development plans, and will be included in the budget requirements for the protection of cultural relics. Fourth of municipal cultural relics Administrative Department of the city's cultural relics protection shall exercise unified supervision and management.

The district (County) of cultural relics Administrative Department to supervise and administer the heritage within their respective administrative areas.

    Urban and rural planning, public security, finance, construction, land and resources, tourism, environmental protection, and other sectors within the scope of their respective duties, do conservation work.

    Fifth of municipal people's Government in the Organization of urban and rural construction planning, according to the conservation needs in advance by the competent administrative Department of town and country planning agreed in conjunction with the competent administrative Department for cultural relics protection measures for cultural relics protection units at various levels within their respective administrative areas, and included in the planning. Sixth municipal district (County)-level cultural relic protection units from municipal, district (County) Government approved and announced.

    Not yet approved and announced as immovable cultural relics of the cultural relics protection units, by the district (s) shall be registered and published by the Administrative Department of cultural relics.

    The seventh municipal district (County) level cultural relic protection units within 1 year from the date the approved, respectively, by the municipal, district (County) shall be determined the scope of protection, make signs, building records, set up or designate a person responsible for management of the specialized agencies.

    Article eighth delineation of the scope of protection of the cultural relics protection units, according to law by the competent administrative Department for cultural relics to the land and resources administrative departments to apply for land registration. Nineth in cultural relics protection unit within the protection zone, ban might adversely affect the protection of cultural relics unit safety engineering construction and the pollution of their environment, prohibition of storage of flammable, explosive and ease of corrosion of materials prohibited for blasting, drilling and mining, mining, soil, wasteland, grazing, drainage repairs, road construction or other activities that may affect the safety of the cultural relics.

    Due to exceptional circumstances needed for construction or blasting, drilling, mining and construction operations, and must guarantee the safety of cultural relics protection units and shall go through the relevant formalities for approval. 

Tenth of municipal, district (County) Government according to the conservation needs, approved by the law, you can draw a certain cultural relics protection units around the building control areas, and to the public.

    In cultural relics protection units of construction works within the control areas of construction, its design based on cultural relic protection unit should be level, as appropriate, after the Administrative Department for cultural relics, reported to the competent administrative Department of town and country planning approval. 11th in the construction of cultural relic protection unit within the control zone, should strictly control the construction of the project, not built under the heritage constitute harm and destruction of heritage environment style buildings and structures.

    Existing harm security, destruction of cultural relics and environmental character of buildings or structures, shall be prescribed period of time. 12th State-owned immovable cultural relics by the user is responsible for the repair, maintenance, non-State-owned immovable cultural relics by the owner responsible for repairs and maintenance.

    Non-State-owned immovable cultural relics damaged danger, owners do not have the ability to repair, local Government should help all people with repair capabilities but refuses to fulfill the obligation to repair, local Government can rescue repair, the cost borne by the owner. 

13th to repair cultural relics protection units, based on level of cultural relic protection unit should be reported to the competent administrative Department for cultural relics approve; not approved for immovable cultural relics protection units to carry out repairs, shall be submitted to the registration area (s) the competent administrative Department for cultural relics for approval.

    Repair, relocation, reconstruction of the cultural relics protection units, made by cultural relics protection units of engineering qualification certificate.

    14th of unmovable cultural relics repair, maintenance, migration, it must comply with the principle of cultural relics in the status quo. 15th state-owned immovable cultural relics may not be transferred or mortgaged.

Established museums, storage or turned into places of visit State-owned cultural relics protection unit should not be used as or disguised as an enterprise asset management. Non-State-owned immovable cultural relics may not be transferred, mortgaged to foreigners.

    Non-State-owned immovable cultural relics transferred, mortgaged or change of use shall be determined according to the level corresponding to the administrative departments for cultural relics; funded by the local Government to help repair, shall be reported to the appropriate administrative authority.

    16th of municipal, district (County) the competent administrative Department for cultural relics shall be separately with municipal and district (County) level cultural relic protection units or the owner signed a cultural relics protection responsibility, legally clear rights and obligations.

    17th unmovable cultural relics from the use of people, all are seriously affecting the protection of cultural relics, according to the conservation needs and agreement through consultations with users, owners, local Government can exchange or purchase the immovable cultural relics.

18th in the construction or agricultural production, no unit or individual is discovered or suspected cultural relics should stop the operation, to preserve the site and immediately reported to the competent administrative Department for cultural relics, the competent administrative Department for cultural relics after receiving the report, shall, within 24 hours to the scene, and put forward opinions in the 7th.

    No unit or individual shall not encroach upon, privately divide, conceal or intentionally damaging cultural relics.

    19th museums and other collections of cultural relics unit should establish collections collection, preservation, research, and presentation systems, and the establishment of General Ledger, ledgers and compile files collection. 20th Museum and other collections of cultural relics units shall establish a sound security system, equipped with fire, theft, natural damage protection, facility.

    Collection-level cultural relics and other vulnerable fragile precious cultural relics, shall be established or counters, and the person responsible for the custody.

    The 21st Museum and other cultural relics collection units should give full play to collections of cultural relics, through exhibitions, research and other activities, strengthening of Chinese history and culture and the education of revolutionary traditions.

    22nd cultural relic protection unit open to the public, its management bodies should be based on heritage character, a tourist, use volume control system, approved by the scientific visitor numbers, avoid overuse, ontology and its environment to ensure their safety; security breaches shall restrict or prohibit visits.

    23rd belongs to the immovable cultural relics sites for religious activities should adhere to the cultural relics protection law provisions and regulations, ensure the safety of cultural relics, local cultural relics administrative departments should strengthen the protection of cultural relics and heritage of supervision and management.

    24th production of publications, films, audio and video products or initiating events need to shoot, such as State-owned cultural relics, shall go through examination and approval procedures, and according to relevant regulations of the State to pay compensation for cultural relics.

25th under any of the following acts, does not constitute a crime, by the municipal cultural relics Administrative Department ordered corrective action and cause serious consequences, fined not more than 50,000 yuan and 500,000 yuan in serious cases, the original permit issuing authority shall revoke the certificate: (a) unauthorized in cultural relics protection units within the scope of protection for construction works or blasting, drilling and mining operations;

(B) in the construction of cultural relics protection units within the control zone for construction works, its design without the competent administrative Department for cultural relics agreed, and approval of the competent administrative Department of town and country planning, damage the historic character of the cultural relics protection units;

(C) unauthorized transfer, removal of unmovable cultural relics;

(D) unauthorized repair of immovable cultural relics, significantly alter the relics undisturbed;

(V) unauthorized in-situ reconstruction of unmovable cultural relics have all been destroyed, resulting in destruction of cultural relics;

    (F) the construction unit has not obtained the qualification certificate of cultural relic protection project, unauthorized repair, relocation, reconstruction of cultural relics.

    26th discovered, latent does not or refuses to hand over, does not constitute a crime, by the competent administrative Department for cultural relics together with the public security organs recovered artifacts in serious cases, the fines of between 50,000 yuan and 5,000 yuan.

    27th cultural relics Administrative Department and other relevant departments and their staff, in violation of these rules, abuse permission, malpractice, negligence, resulting in damage to or the loss of precious cultural relics, the persons in charge and other direct liable persons shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 28th article of the rules take effect on February 15, 2012.

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