Regulations on the Protection of Famous Historical and Cultural Cities, Towns and Villages, 2017 Revised Edition (full text).
Regulations on the Protection of Famous Historical and Cultural Cities, Towns and Villages
Adopted at the 3rd executive meeting on April 2, 2008;**Decree No. 524;It shall come into force on July 1, 2008;According to the "Decision on Amending Part of the Administrative Regulations" (Order No. 687 (amended for the first time) on October 7, 2017).
Chapter I: General Provisions.
Article 1 These Regulations are formulated in order to strengthen the protection and management of famous historical and cultural cities, towns and villages, and to inherit the outstanding historical and cultural heritage of the Chinese nation.
Article 2 These Regulations shall apply to the declaration, approval, planning and protection of famous historical and cultural cities, towns and villages.
Article 3 The protection of famous historical and cultural cities, towns and villages shall follow the principles of scientific planning and strict protection, maintain and continue their traditional patterns and historical features, maintain the authenticity and integrity of historical and cultural heritage, inherit and carry forward the excellent traditional culture of the Chinese nation, and correctly handle the relationship between economic and social development and the protection of historical and cultural heritage.
Article 4 The State shall provide necessary financial support for the protection of famous historical and cultural cities, towns and villages.
Local people at or above the county level where famous historical and cultural cities, towns, and villages are located shall arrange protection funds according to the actual local conditions and include them in the fiscal budget at the same level.
The State encourages enterprises, public institutions, social groups and individuals to participate in the protection of famous historical and cultural cities, towns and villages.
Article 5 The competent department of construction shall be responsible for the protection, supervision and management of famous historical and cultural cities, towns and villages in the country.
Local people at all levels are responsible for the protection, supervision and management of famous historical and cultural cities, towns and villages in their respective administrative regions.
Article 6 The people at or above the county level and their relevant departments shall give commendations and awards to units and individuals who have made outstanding contributions to the protection of famous historical and cultural cities, towns and villages in accordance with the relevant provisions of the State.
Chapter II Declaration and Approval.
Article 7 Cities, towns and villages that meet the following conditions may apply for historical and cultural cities, towns and villages:
1) The preservation of cultural relics is particularly abundant;
2) Historic buildings are concentrated in one piece;
3) Retain the traditional pattern and historical features;
4) It has been used as a political, economic, cultural, transportation center or military important place in history, or has had an important historical event, or its traditional industries and major projects built in history have had an important impact on the development of the region, or can reflect the cultural and national characteristics of the region's architecture.
If a famous historical and cultural city is declared, there shall be more than 2 historical and cultural blocks within the scope of protection of the declared historical and cultural city.
Article 8 To declare a famous historical and cultural city, town or village, the following materials shall be submitted for the declared historical and cultural city, town or village:
1) An explanation of historical evolution, local characteristics, and historical and cultural values;
2) the current situation of traditional patterns and historical features;
c) Scope of protection;
4) Lists of immovable cultural relics, historical buildings, and historical and cultural districts;
5) The status of protection efforts, protection objectives, and protection requirements.
Article 9 The declaration of historical and cultural cities shall be submitted by the people of provinces, autonomous regions and municipalities directly under the Central Government, and shall be organized by the competent departments of construction in conjunction with the competent departments of cultural relics to organize relevant departments and experts to conduct demonstrations, put forward review opinions, and report for approval and publication.
To declare famous historical and cultural towns and villages, the people at the county level shall submit an application, and the competent department of protection determined by the people's government of the province, autonomous region and municipality directly under the Central Government shall organize relevant departments and experts to conduct demonstrations in conjunction with the competent department of cultural relics at the same level, put forward review opinions, and submit them to the people of the province, autonomous region and municipality directly under the Central Government for approval and publication.
Article 10 For cities that meet the conditions specified in Article 7 of these Regulations and have not declared a famous historical and cultural city, the competent department of construction in conjunction with the competent department of cultural relics may submit a proposal to the people of the province or autonomous region where the city is locatedIf you still do not declare, you can directly submit a proposal to *** to determine the city as a famous historical and cultural city.
For towns and villages that meet the conditions specified in Article 7 of these Regulations but have not declared famous historical and cultural towns or villages, the competent departments for protection determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, together with the competent departments for cultural relics at the same level, may submit a declaration proposal to the people's ** at the county level where the towns and villages are located;If they still do not declare, they can directly submit a proposal to the people of the province, autonomous region, or municipality directly under the Central Government to determine the town or village as a famous historical and cultural town or village.
Article 11 The competent department of construction in conjunction with the competent department of cultural relics may select the famous historical and cultural towns and villages with significant historical, artistic and scientific value in strict accordance with the relevant national evaluation standards in the famous historical and cultural towns and villages that have been approved and announced, and determine the famous historical and cultural towns and villages in China after expert argumentation.
Article 12 Where the historical and cultural value of famous historical and cultural cities, towns and villages that have been approved and promulgated is seriously affected due to poor protection, the approving organ shall include them in the endangered list, publish them, and instruct the people of the cities and counties where they are located to take remedial measures within a time limit to prevent the situation from continuing to deteriorate, and improve the protection system and strengthen the protection work.
Chapter III: Conservation Planning.
13th historical and cultural city approval promulgation, the people of the historical and cultural city should organize the preparation of the historical and cultural city protection plan.
After the approval and promulgation of famous historical and cultural towns and villages, the people at the county level where they are located shall organize the preparation of protection plans for famous historical and cultural towns and villages.
The protection plan shall be completed within one year from the date of approval and publication of famous historical and cultural cities, towns and villages.
Article 14: Conservation plans shall include the following content:
1) Protection principles, content and scope of protection;
2) Protective measures, development intensity and construction control requirements;
3) Requirements for the protection of traditional patterns and historical features;
4) The core protection scope and construction control zone of historical and cultural blocks, famous towns and villages;
5) Phased implementation plan for protection planning.
Article 15 The planning period of the protection plan for famous historical and cultural cities and towns shall be consistent with the planning period of the overall planning of cities and towns;The planning period of the protection plan for historical and cultural villages shall be consistent with the planning period of the village plan.
Article 16: Before a protection plan is submitted for approval, the organ organizing and drafting the protection plan shall extensively solicit the opinions of relevant departments, experts, and the public;If necessary, a hearing may be held.
The adoption of the opinions and the reasons for the adoption of the opinions shall be attached to the documents submitted for approval of the protection plan;Where there is a hearing, a hearing record shall also be attached.
Article 17: Protection plans are to be examined and approved by the people of provinces, autonomous regions, and municipalities directly under the Central Government.
The organization and preparation organ of the protection plan shall report the protection plan of famous historical and cultural cities and the protection plan of famous historical and cultural towns and villages in China approved in accordance with the law to the competent department of construction and the competent department of cultural relics for the record.
Article 18: The organ organizing and drafting the protection plan shall promptly publish the protection plan that has been approved in accordance with law.
Article 19: Conservation plans approved in accordance with law shall not be amended without authorization;If it is truly necessary to revise the plan, the organ that organizes and formulates the protection plan shall submit a special report to the original examination and approval organ, and only after obtaining consent can the revision plan be prepared. The revised protection plan shall be submitted for approval in accordance with the original approval procedures.
20th construction departments in conjunction with the cultural relics departments shall strengthen the supervision and inspection of the implementation of the protection plan.
Local people at or above the county level shall strengthen the supervision and inspection of the implementation of the protection plan in their respective administrative regions, and assess the protection status of famous historical and cultural cities, towns and villages;Problems discovered shall be promptly corrected and handled.
Chapter IV: Protective Measures.
Article 21: Famous historical and cultural cities, towns, and villages shall be protected as a whole, maintaining traditional patterns, historical features, and spatial scales, and must not change the natural landscapes and environments that are interdependent with them.
Article 22 The local people at or above the county level where famous historical and cultural cities, towns and villages are located shall, in accordance with the level of local economic and social development and in accordance with the protection plan, control the population of famous historical and cultural cities, towns and villages, and improve the infrastructure, public service facilities and living environment of famous historical and cultural cities, towns and villages.
Article 23: Construction activities within the scope of protection of famous historical and cultural cities, towns, and villages shall comply with the requirements of the protection plan, and shall not harm the authenticity and integrity of historical and cultural heritage, and shall not have a destructive impact on their traditional patterns and historical features.
Article 24 The following activities are prohibited within the scope of protection of famous historical and cultural cities, towns and villages:
1) Activities that undermine traditional patterns and historical features, such as mountain mining, quarrying, and mining;
2) Occupy the green spaces, rivers and lakes, roads, etc., that are determined to be retained in the protection plan;
3) Construction of factories and warehouses for the production and storage of high-quality, flammable, radioactive, toxic and corrosive materials;
4) Carving or smearing on historic buildings.
Article 25 The following activities shall be carried out within the scope of protection of famous historical and cultural cities, towns and villages, and their traditional patterns, historical features and historical buildings;Formulate a protection plan, and go through the relevant formalities in accordance with the provisions of relevant laws and regulations
1) Activities that change the natural state of landscaping, rivers and lakes, etc.;
2) Conducting film and television productions and holding large-scale mass activities within the scope of core protection;
3) Other activities that affect traditional patterns, historical features, or historical buildings.
Article 26: New buildings and structures in the construction control zones of historical and cultural districts, towns, and villages shall comply with the construction control requirements determined by the protection plan.
Article 27: Buildings and structures within the core protection scope of historical and cultural blocks, famous towns, and famous villages shall be distinguished from different situations, and corresponding measures shall be adopted to implement categorical protection.
Historical buildings within the core protection area of historical and cultural blocks, famous towns and villages shall maintain their original height, volume, appearance image and color.
Article 28 Within the scope of core protection of historical and cultural blocks, famous towns and famous villages, no new construction or expansion activities shall be carried out. However, the construction and expansion of necessary infrastructure and public service facilities are excluded.
Within the core protection scope of historical and cultural blocks, famous towns and villages, new construction and expansion of necessary infrastructure and public service facilities, the competent departments of urban and rural planning of cities and counties shall solicit the opinions of the competent departments for cultural relics at the same level before issuing planning permits for construction projects and rural construction planning permits.
Within the core protection area of historical and cultural blocks, famous towns and famous villages, the demolition of buildings, structures or other facilities other than historical buildings shall be approved by the competent departments of urban and rural planning of the people's governments of cities and counties in conjunction with the competent departments of cultural relics at the same level.
Article 29: For the examination and approval of construction activities provided for in Article 28 of these Regulations, the examination and approval organs shall organize expert argumentation, publicize the examination and approval matters, solicit public opinions, and inform interested parties that they have the right to request a hearing. The publicity time shall not be less than 20 days.
Where interested parties request a hearing, they shall submit it during the publicity period, and the examination and approval organs shall promptly hold a hearing after the completion of the publicity period.
Article 30: The people of cities and counties shall set up signs at the main entrances and exits of historical and cultural blocks, towns, and villages within the core protection area.
No unit or individual may set up, move, alter or damage signs without authorization.
Article 31 The fire-fighting facilities and fire-fighting passages within the core protection area of historical and cultural blocks, famous towns and villages shall be set up in accordance with the relevant fire-fighting technical standards and specifications. If it is not possible to set up in accordance with the standards and specifications due to the protection needs of historical and cultural blocks, famous towns and villages, the fire department of the people's public security organ of the city or county shall formulate the corresponding fire safety guarantee plan in conjunction with the competent department of urban and rural planning at the same level.
Article 32 The people of cities and counties shall set up protection signs for historical buildings and establish archives for historical buildings.
Archives of historic buildings shall include the following:
1) Architectural art characteristics, historical characteristics, construction age and rarity;
B) the relevant technical information of the building;
3) The current situation of the use of the building and the change of ownership;
4) Text, drawings, images and other materials formed in the process of building repair and decoration;
5) Surveying and mapping information records and related materials of the building.
Article 33 The owner of a historic building shall, in accordance with the requirements of the protection plan, be responsible for the maintenance and repair of the historic building.
Local people** at or above the county level may subsidize the maintenance and repair of historic buildings from the protection fund.
If the historical building is in danger of being damaged and the owner does not have the ability to maintain and repair it, the local people shall take measures to protect it.
No unit or individual may damage or relocate or demolish historical buildings without authorization.
Article 34 The site selection of construction projects shall avoid historical buildings as much as possible;Where it cannot be avoided due to special circumstances, in-situ protection shall be carried out as much as possible.
If the historical building is protected in situ, the construction unit shall determine the protection measures in advance and report to the competent department of urban and rural planning of the city and county people's ** in conjunction with the competent department for cultural relics at the same level for approval.
If construction activities are required for public interests, and the historical buildings cannot be protected in situ and must be relocated to other places for protection or demolition, they shall be approved by the competent departments of urban and rural planning of the people's governments of cities and counties in conjunction with the competent departments for cultural relics at the same level, and shall be submitted to the competent departments for protection determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the competent departments for cultural relics at the same level.
The expenses required for the protection, relocation and demolition of the original site of the historical buildings specified in this article shall be included in the construction project budget by the construction unit.
Article 35 Exterior renovation and decoration of historical buildings, addition of facilities and changes in the structure or nature of use of historical buildings shall be approved by the competent departments of urban and rural planning of the people's governments of cities and counties in conjunction with the competent departments of cultural relics at the same level, and in accordance with the provisions of relevant laws and regulations to go through the relevant formalities.
Article 36 Where the protection of cultural relics is involved within the scope of protection of famous historical and cultural cities, towns and villages, the provisions of the laws and regulations on the protection of cultural relics shall be implemented.
Chapter V: Legal Responsibility.
Article 37 In violation of the provisions of these Regulations, the competent departments of construction, cultural relics and local people at or above the county level and their staff members of the relevant competent departments do not perform their duties of supervision and management, and do not investigate and deal with illegal acts or have other acts of abuse of power, dereliction of duty, or favoritism, which constitute a crime, shall be investigated for criminal responsibility in accordance with law;where a crime is not constituted, sanctions are to be given in accordance with law.
Article 38: Where the provisions of these Regulations are violated by local people** exhibiting any of the following conduct, the people's ** at the level above is to order corrections, and the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law:
1) Failure to organize the preparation of a protection plan;
2) Failure to organize the preparation of protection plans in accordance with legal procedures;
3) Modifying the protection plan without authorization;
4) Failure to publish the approved protection plan.
Article 39: Where the provisions of these Regulations are violated by the competent departments for protection determined by the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government, or the competent departments for urban and rural planning of the people's governments of cities and counties, who fail to perform the examination and approval duties provided for in articles 28, 34, and 35 of these Regulations in accordance with the requirements of protection planning or in accordance with legally-prescribed procedures, the relevant departments of the people's ** at the same level or the people** at the higher level shall order corrections and circulate criticism;The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law.
Article 40: Where the provisions of these Regulations are violated by the people of cities or counties** due to ineffective protection, resulting in the inclusion of famous historical and cultural cities, towns, or villages that have been approved and announced into the endangered list, the people at the higher level shall circulate a notice of criticism;The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law.
Article 41 Anyone who violates the provisions of these Regulations by committing any of the following acts within the scope of protection of famous historical and cultural cities, towns and villages, shall be ordered by the competent department of urban and rural planning of the people's government of the city or county to stop the illegal acts, restore the original state within a time limit or take other remedial measures;where there are illegal gains, the illegal gains shall be confiscated;If the original state is not restored or other remedial measures are not taken within the time limit, the competent department of urban and rural planning may designate a competent unit to restore the original state or take other remedial measures on its behalf, and the necessary expenses shall be borne by the violator;where serious consequences are caused, a fine of between 500,000 and 1,000,000 RMB is to be imposed on the unit, and a fine of between 50,000 and 100,000 RMB is to be imposed on the individualIf losses are caused, they shall be liable for compensation in accordance with the law
1) Destroying the traditional pattern and historical features such as mountain mining, quarrying, and mining;
2) Occupying the green spaces, rivers and lakes, roads, etc., that are determined to be retained in the protection plan;
3) Constructing factories and warehouses for the production and storage of high-quality, flammable, radioactive, toxic, or corrosive substances.
42nd in violation of the provisions of these Regulations, carved or defaced on historical buildings, by the city, county people's ** urban and rural planning departments ordered to restore the original state or take other remedial measures, a fine of 50 Yuan.
Article 43 In violation of the provisions of these Regulations, without the approval of the competent department of urban and rural planning in conjunction with the competent department of cultural relics at the same level, any of the following acts shall be ordered by the competent department of urban and rural planning of the city or county to stop the illegal act, restore the original state within a time limit or take other remedial measures;where there are illegal gains, the illegal gains shall be confiscated;If the original state is not restored or other remedial measures are not taken within the time limit, the competent department of urban and rural planning may designate a competent unit to restore the original state or take other remedial measures on its behalf, and the necessary expenses shall be borne by the violator;where serious consequences are caused, a fine of between 50,000 and 100,000 RMB is to be imposed on the unit, and a fine of between 10,000 and 50,000 RMB is to be imposed on the individualIf losses are caused, they shall be liable for compensation in accordance with the law
1) Demolition of buildings, structures or other facilities other than historic buildings;
2) Carrying out external repairs and decorations of historical buildings, adding facilities, and changing the structure or nature of use of historical buildings;
Where relevant units or individuals carry out the activities provided for in article 25 of these Regulations, or are approved to carry out the activities provided for in the first paragraph of this article, but in the course of the activities have a destructive impact on traditional patterns, historical features, or historic buildings, they are to be punished in accordance with the provisions of the first paragraph of this article.
Article 44 In violation of the provisions of these Regulations, damage or unauthorized relocation or demolition of historical buildings, the competent departments of urban and rural planning of the people's governments of cities and counties shall order them to stop the illegal acts, restore their original state within a time limit or take other remedial measures;where there are illegal gains, the illegal gains shall be confiscated;If the original state is not restored or other remedial measures are not taken within the time limit, the competent department of urban and rural planning may designate a competent unit to restore the original state or take other remedial measures on its behalf, and the necessary expenses shall be borne by the violator;where serious consequences are caused, a fine of between 200,000 and 500,000 yuan shall be imposed on the unit, and a fine of between 100,000 and 200,000 yuan shall be imposed on the individual;If losses are caused, they shall be liable for compensation in accordance with the law
Article 45 Whoever violates the provisions of these Regulations by setting up, moving, altering or damaging signs of historical and cultural blocks, famous towns or villages without authorization, shall be ordered to make corrections within a time limit by the competent departments of urban and rural planning of the people's governments of cities and countiesIf the correction is not made within the time limit, a fine of between 10,000 and 50,000 yuan shall be imposed on the unit, and a fine of between 1,000 and 10,000 yuan shall be imposed on the individual.
Article 46 Whoever violates the provisions of these Regulations by causing damage to cultural relics in famous historical and cultural cities, towns or villages shall be punished in accordance with the provisions of the laws and regulations on the protection of cultural relicswhere a crime is constituted, criminal responsibility is pursued in accordance with law.
Chapter VI: Supplementary Provisions.
Article 47: The meanings of the following terms in these Regulations:
1) Historical buildings refer to buildings and structures that have been determined and announced by the people of cities and counties to have certain protection value, can reflect historical features and local characteristics, and have not been announced as cultural relics protection units or registered as immovable cultural relics.
2) Historical and cultural blocks refer to areas that are particularly rich in preserved cultural relics approved and announced by the people of provinces, autonomous regions and municipalities directly under the Central Government, and where historical buildings are concentrated, which can more completely and truly reflect the traditional pattern and historical features, and have a certain scale.
The specific implementation measures for the protection of historical and cultural blocks shall be formulated by the competent department of construction in conjunction with the competent department of cultural relics.
Article 48: These Regulations shall come into force on July 1, 2008.