Cultural Relics Protection Law of the People's Republic of China (2024 Revision)

Cultural Relics Protection Law of the People's Republic of China (2024 Revision)

Order of the President of the People's Republic of China
(No. 35)

The Cultural Relics Protection Law of the People's Republic of China, as revised and adopted at the 12th Session of the Standing Committee of Fourteenth National People's Congress of the People's Republic of China on November 8, 2024, is hereby issued, and shall come into force on March 1, 2025.

Xi Jinping, President of the People's Republic of China
November 8, 2024

Cultural Relics Protection Law of the People's Republic of China
(Adopted at the 25th Session of the Standing Committee of the Fifth National People's Congress on November 19, 1982; amended for the first time in accordance with the Decision on Revising Articles 30 and 31 of the Cultural Relics Protection Law of the People's Republic of China as adopted at the 20th Session of the Standing Committee of the Seventh National People's Congress on June 29, 1991; revised for the first time at the 30th Session of the Standing Committee of the Ninth National People's Congress on October 28, 2002; amended for the second time in accordance with the Decision on Amending the Cultural Relics Protection Law of the People's Republic of China as adopted at the 31st Session of the Standing Committee of the Tenth National People's Congress on December 29, 2007; amended for the third time in accordance with the Decision on Amending the Cultural Relics Protection Law of the People's Republic of China and Other Eleven Laws as adopted at the Third Session of the Standing Committee of the Twelfth National People's Congress on June 29, 2013; amended for the fourth time in accordance with the Decision on Amending the Cultural Relics Protection Law of the People's Republic of China at the 14th Session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on April 24, 2015; amended for the fifth time in accordance with the Decision on Amending 11 Laws Including the Accounting Law of the People's Republic of China at the 30th Session of the Standing Committee of the Twelfth National People's Congress on November 4, 2017; and revised for the second time at the 12th Session of the Standing Committee of the Fourteenth National People's Congress on November 8, 2024)

Contents
Chapter I General Provisions
Chapter II Unmovable Cultural Relics
Chapter III Archaeological Excavations
Chapter IV Cultural Relics in Museum Collections
Chapter V Cultural Relics in Civil Collections
Chapter VI Entry and Exit of Cultural Relics
Chapter VII Legal Liability
Chapter VIII Supplemental Provisions
Chapter I General Provisions
Article 1 For the purposes of strengthening the protection of cultural relics, inheriting the splendid historical and cultural legacy of the Chinese Nation, promoting the scientific research, conducting education in patriotism and revolutionary tradition, strengthening historical awareness and improving cultural confidence, and building the socialist spiritual and material civilization, this Law is enacted in accordance with the Constitution.
Article 2 Cultural relics are protected by the state. For the purpose of this Law, cultural relics refer to the following material remains of historical, artistic and scientific value created by human beings or related to human activities:
(1) Sites of ancient culture, ancient tombs, ancient buildings, cave temples, ancient stone carvings and ancient mural paintings.
(2) Important historical sites, material objects and typical buildings of modern and contemporary times related to major historical events, revolutionary movements or famous people that are highly memorable or are of great significance for education or for the preservation of historical data.
(3) Valuable works of art and handicraft articles dating from various historical periods.
(4) Important documents, manuscripts, books and materials, etc., dating from various historical periods.
(5) Typical material objects reflecting the social system, social production or life of various nationalities in different historical periods.
The subjects, standards and procedures for the identification of cultural relics shall be developed and issued by the State Council.
Fossils of paleo vertebrates and paleo anthropoids of scientific value shall be protected by the state in the same way as cultural relics.
Article 3 Cultural relics are divided into immovable cultural relics and movable cultural relics.
Unmovable cultural relics, such as sites of ancient culture, ancient tombs, ancient buildings, cave temples, ancient stone carvings, ancient mural paintings, and important historical sites and typical buildings of modern and contemporary times, etc., are divided into cultural relics protection sites and immovable cultural relics of cultural relics protection sites that have not been approved and announced (hereinafter referred to as “unclassified immovable cultural relics”); and cultural relics protection sites are divided into national key cultural relics protection sites, provincial cultural relics protection sites, and cultural relics protection sites at the districted city and county levels.
Movable cultural relics, such as important material objects, artworks, arts and crafts, documents, manuscripts, books and materials, and typical material objects, etc., are divided into valuable cultural relics and ordinary cultural relics; valuable cultural relics are divided into Grade 1 cultural relics, Grade 2 cultural relics and Grade 3 cultural relics.
Article 4 The cultural relics work shall insist on the leadership of the Communist Party of China and the guidance of core socialist values, and implement the policies of giving priority to protection, rescuing first, rational utilization and strengthening management.
Article 5 All cultural relics left underground, in internal waters and in territorial seas within the territory of the People's Republic of China, as well as cultural relics left in other sea areas under China's jurisdiction whose country of origin is China or unknown shall be owned by the state.
Sites of ancient culture, ancient tombs and cave temples shall belong to the state. Unmovable cultural relics, such as memorial buildings, ancient buildings, ancient stone carvings, ancient mural paintings and typical buildings of modern and contemporary times, etc., designated for protection by the state, shall belong to the state, unless as otherwise provided for by the state.
Ownership of state-owned unmovable cultural relics shall not be changed as a result of the change in ownership of or use right to the land to which the cultural relics are attached.
Article 6 The following movable cultural relics shall belong to the state:
(1) Cultural relics unearthed or salvaged from water in the underground, internal waters, territorial seas and other sea areas under China's jurisdiction, except as otherwise provided for by the state.
(2) Cultural relics in the collection and preservation by state-owned cultural relics collection entities, as well as other state organs, armed forces, state-owned enterprises and public institutions, etc.
(3) Cultural relics collected, purchased or legal confiscated by the state.
(4) Cultural relics donated to the state by citizens and organizations.
(5) Other cultural relics owned by the state as provided for by the law.
The ownership of state-owned movable cultural relics shall not be changed by the termination or change in the collection or preservation entity.
Article 7 Ownership of state-owned cultural relics shall be protected by law and shall not be infringed upon.
The ownership of memorial buildings, ancient buildings, cultural relics handed down from generation to generation, and other cultural relics illegally obtained that belong to collectives or individuals shall be protected by law. Owners of the cultural relics must abide by the provisions of the laws and regulations of the state on the protection of cultural relics.
Article 8 All government organs, public organizations and individuals have the obligation to protect cultural relics pursuant to law.
Article 9 The administrative department of cultural relics under the State Council shall take charge of the work concerning cultural relics protection throughout the country.
Local people's governments at various levels shall be responsible for the work of protecting cultural relics in their respective administrative jurisdictions. The administrative departments of cultural relics of local people's governments at or above the county level shall supervise and administrate cultural relics protection within their respective administrative jurisdictions.
The relevant departments of local people's governments at or above the county level shall be responsible for the relevant cultural relics protection work within their respective scope of duties.
Article 10 The state shall develop the protection of cultural relics and implement the work requirements for putting protection first, strengthening management, exploring value, effectively utilizing cultural relics and bringing cultural relics to life.
Article 11 Cultural relics are non-renewable cultural resources. The people's governments at various levels shall attach importance to the protection of cultural relics, appropriately handle the relationship among economic construction, social development, and cultural relics protection, and ensure the safety of cultural relics.
In the infrastructure construction and tourism development, priority must be given to the protection of cultural relics, the provisions on the administration of protection and safety management of cultural relics shall be strictly implemented, and constructive damage and excessive commercialization shall be prevented.
Article 12 The people's governments at all levels shall take measures to strengthen the protection of cultural relics related to the major events, important meetings, important figures and great Party building spirit of the Communist Party of China in various historical periods.
Article 13 The people's governments at or above the county level shall incorporate the protection of cultural relics into the national economic and social development plans at the corresponding levels, and include the funds required in their budgets at the corresponding levels to ensure that the development of the cause of cultural relics protection is commensurate with the level of national economic and social development.
The public income of state-owned museums, memorial halls and cultural relics protection sites shall be included in the budget management and used for the cause of cultural relics protection, and no entity or individual may seize or misappropriate it.
The state encourages the establishment of social foundations for cultural relics protection, especially used in cultural relics protection, through donation and other forms, and no entity or individual may take into their own possession or misappropriate the fund.
Article 14 The people's governments at or above the county level and their administrative departments of cultural relics shall strengthen the general survey and special investigation into cultural relics, and comprehensively grasp the situation of cultural relics resources and protection.
The administrative departments of cultural relics of the people's governments at or above the county level shall strengthen the dynamic management of state-owned cultural relics resources and assets, and submit reports on the management of state-owned cultural relics resources and assets in a timely manner in accordance with the relevant regulations of the state.
Article 15 The state shall support and standardize the exploration and interpretation of the value of cultural relics, promote research on the origin and development of Chinese civilization, inherit fine traditional Chinese culture, carry forward revolutionary culture, develop advanced socialist culture, build a strong sense of community among the Chinese nation, and enhance the influence of Chinese culture.
Article 16 The state shall strengthen publicity and education on the protection of cultural relics, innovate upon ways of communication, enhance the awareness of the whole people on the protection of cultural relics, and create a social atmosphere for consciously inheriting the excellent historical and cultural heritage of the Chinese nation.
The news media shall publicize and report laws, regulations and knowledge on the protection of cultural relics, and supervise by public opinion acts endangering the safety of cultural relics and damaging cultural relics according to the law.
Museums, memorials, repositories of cultural relics, parks of archaeological sites and other relevant entities shall carry out targeted publicity and education activities on cultural relics protection in light of the contents of visits.
Article 17 The state shall encourage scientific research on cultural relics protection, popularize advanced and applicable cultural relics protection technologies, and raise the science and technology level for cultural relics protection.
The state shall strengthen the information-based cultural relics protection, encourage the digitization of cultural relics protection, and promote the digital collection, display and utilization of cultural relics resources.
The state shall intensify training professionals specializing in the protection of cultural relics such as archaeology, repair and restoration, and improve the mechanisms for talent training, use, evaluation and incentive.
Article 18 The state shall encourage research on the utilization of cultural relics, and under the premise of ensuring the safety of cultural relics, insist on giving priority to social benefits, effectively utilize cultural relics resources, and provide diversified and multi-level cultural products and services.
Article 19 The state shall improve the mechanism for social participation, mobilize the enthusiasm of social forces to participate in the protection of cultural heritage, and encourage and guide social forces to invest in the protection of cultural heritage.
Article 20 The state shall support international exchanges and cooperation in the protection of cultural relics, including archaeology, repair, restoration, exhibition, scientific research, law enforcement and justice, to promote exchanges and mutual learning among human civilizations.
Article 21 The administrative departments of cultural relics of the people's governments at or above the county level or relevant departments shall disclose information such as complaints and tip-off methods, and accept and handle complaints and tip-offs concerning cultural relics protection in a timely manner.
Article 22 An entity or individual having one of the following deeds shall be commended and rewarded in accordance with the relevant regulations of the state:
(1) Serious implementation of the laws and regulations on cultural relics protection and remarkable achievements in cultural relics protection.
(2) Resolute struggle against criminal acts in the interest of protecting cultural relics;
(3) Donation of important cultural relics in one's own collection to the state or making donations for the cause of cultural relics protection.
(4) Timely reporting of information on or delivery of the cultural relics discovered, which facilitates their protection.
(5) Making significant contributions in archaeological excavations, excavation and interpretation of cultural relics values, etc.
(6) Having made important inventions, creations or other important contributions to the science and technology of cultural relics protection.
(7) Meritorious service in rescuing cultural relics in danger of being destroyed.
(8) Long-time service and outstanding achievements in the work of cultural relics.
(9) Organizing or participating in voluntary services for the protection of cultural relics and making outstanding achievements.
(10) Having made significant contributions to international exchanges and cooperation in the protection of cultural relics.
Chapter II Unmovable Cultural Relics
Article 23 Immovable cultural relics discovered in cultural relics survey, special investigation or other related work shall be verified and announced as cultural relics protection sites in a timely manner or registered and announced as unclassified immovable cultural relics. Citizens and organizations may put forward proposals for verifying and announcing cultural relics protection sites or for registering and announcing unclassified immovable cultural relics.
The administrative department of cultural relics of the State Council shall select, from among cultural relics protection sites at the provincial, districted city, and county levels, those of significant historical, artistic or scientific value as national major cultural relics protection sites or directly determine national key cultural relics protection sites and report to the State Council for approval and announcement.
Provincial cultural relics protection sites shall be subject to the approval and announcement of the people's governments at the levels of province, autonomous region, and municipality directly under the Central Government, and be reported to the State Council for recordation.
Cultural relics protection sites at the districted city and county levels shall be respectively subject to approval and announcement by the people's governments at the levels of districted city, autonomous prefecture and county, and be reported to the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government for recordation.
Unclassified immovable cultural relics shall be registered by the administrative department of cultural relics of the people's government at the county level, reported to the people's government at the corresponding level and the administrative department of cultural relics of the people's government at a next higher level for recordation, and be announced to the public.
Article 24 In the reconstruction of old urban areas and the development of land parcels, the people's government at or above the county level shall organize in advance the investigation into immovable cultural relics in the relevant areas, carry out verification, registration and announcement work in a timely manner, and take protection measures according to the law. Without investigation, no entity may start construction to prevent constructive damage.
Article 25 A city with an unusual wealth of cultural relics of high historical value and major revolutionary significance may be famous city of historical and cultural value, which shall be subject to the approval and announcement of the State Council.
A town, street, or village with an unusual wealth of cultural relics of high historical value and major revolutionary significance may be a street, village or town of historical and cultural value, which shall be subject to the approval and announcement of the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government, and shall be reported to the State Council for recordation.
The local people's governments at or above the county level of the place where the famous cities, streets, villages and towns of historical and cultural value are located shall organize the development of plans on protection of those famous cities, streets, villages and towns of historical and cultural value, and incorporate it into the relevant plan.
Measures for the protection of famous cities, the streets, villages and towns of historical and cultural value shall be developed by the State Council.
Article 26 The people's government of the provinces, autonomous regions, and municipalities directly under the Central Government and of districted cities and counties shall delimit the necessary scope of protection, put up signs and notices, and establish records and files for cultural relics protection sites at various levels, and shall, in the light of different circumstances, form special organs or assign full-time personnel to be responsible for the administration of these sites. The scope of protection and records and files for national key cultural relics protection sites shall be reported by the administrative departments of cultural relics of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government to the administrative department of cultural relics under the State Council for recordation.
For unclassified immovable cultural relics, the administrative department of cultural relics of the people's government at the county level shall make a sign and explanation, create records and files, and specify the persons responsible for management.
The administrative departments of cultural relics of the local people's governments at or above the county level shall, according to the demand for protecting different cultural relics, work out specific protective measures for cultural relics protection sites and unclassified unmovable cultural relics, report to the people's governments at the corresponding levels, and announce and implement such measures.
The administrative departments of cultural relics shall guide and encourage grassroots self-governance organizations and volunteers to participate in the protection of immovable cultural relics.
Article 27 When the people's governments at all levels develop relevant plans, the relevant departments shall, according to the needs of cultural relics protection, agree on the protection measures for immovable cultural relics within their respective administrative areas in advance in conjunction with the administrative departments of cultural relics and incorporate them into the plans.
The administrative departments of cultural relics of the local people's governments at or above the county level shall, in accordance with the needs of cultural relics protection, organize the preparation of protection plans for immovable cultural relics within their respective administrative areas, publish them for implementation with approval of the people's governments at the corresponding levels, and report to the administrative departments of cultural relics of the people's governments at the next levels for recordation; and the protection plans of national key cultural relics protection sites shall be published and implemented with approval by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and be reported to the administrative department of cultural relics under the State Council for recordation.
Article 28 Within the scope of protection of cultural relics protection sites, construction projects other than cultural relics protection projects or operations such as blasting, drilling, excavation, etc., shall not be carried out; and where it is necessary under special circumstances, the safety of cultural relics protection sites must be guaranteed.
Where, due to special circumstances, it is necessary to carry out construction projects or operations prescribed in the preceding paragraph within the scope of protection of cultural relics protection sites at the provincial, districted city or county level, approval must be obtained from the people's governments that have approved and announced the cultural relics protection sites, and the consent of the administrative departments of cultural relics of the people's governments at the next higher levels shall be obtained before approval; and any construction project or operation specified in the preceding paragraph within the scope of the protection of national key cultural relics protection sites must be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and the consent of the administrative department of cultural relics under the State Council shall be obtained before approval.
Article 29 According to the actual needs of cultural relics protection and with the approval of the people's government of the province, autonomous region or municipality directly under the Central Government, a certain area for construction control may be delimited around a cultural relics protection site and be announced.
Construction projects implemented in the construction control zones of cultural relics protection sites shall not damage the historical features of such sites; and the project design plans shall, according to the level of cultural relics protection sites and the degree of impact of the construction projects on the historical features of cultural relics protection sites, obtain the planning permission for the construction projects according to the law with consent of the administrative departments of cultural relics provided for by the state.
Article 30 Within the scope of protection and the area for construction control of a cultural relics protection site, no facility that pollutes the cultural relics protection site and the environment thereof may be constructed, neither activity that may affect the safety and environment of that site may be carried out. The existing facilities that pollute cultural relics protection sites and the environment thereof shall be disposed of in accordance with the provisions of the relevant laws and regulations on ecological environment.
Article 31 Unmovable cultural relics shall be avoided in the choosing of construction sites by whatever possible means; and where a cultural site cannot be avoided under special circumstances, the original site shall be protected by whatever possible means.
For the implementation of protection of the original site, a construction entity shall determine the protection measures for the original site in advance and submit them to the corresponding administrative department of cultural relics for approval according to the level of the cultural relics protection site; the original site protection measures for unclassified immovable cultural relics shall be submitted to the administrative departments of cultural relics of the people's governments at the county level for approval; and no construction shall commence without approval.
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