政务服务

Rules of Guangzhou Municipality on the Preservation of the Relics of Nanyue Kingdom

2024-04-08 16:47
来源:本网
浏览次数:-
【字体 :

  (Issued on December 24, 2007 in accordance with Decree No. 6 of the People’s Government of Guangzhou Municipality and amended on November 14, 2019 in accordance with Decree No. 168 of the People’s Government of Guangzhou Municipality)

  Article 1     These Rules are formulated in accordance with the Law of the People’s Republic China on the Protection of Cultural Relics, the Regulations on the Implementation of the Law of the People’s Republic China on the Protection of Cultural Relics and other relevant laws and regulations, on the basis of the actual conditions of this Municipality and with a view to strengthening the preservation of the relics of Nanyue Kingdom.

  Article 2     These Rules are applicable to the preservation of the relics of Nanyue Kingdom within the administrative area of this Municipality.

  The term “relics of Nanyue Kingdom” herein includes the Site of Nanyue Kingdom Palace, the Tomb of Nanyue King, the Site of Nanyue Wooden Sluice and some other national cultural heritage sites.

  Article 3     The preservation area for the relics of Nanyue Kingdom shall be demarked and publicized by the People’s Government of Guangdong Province.

  The development control area for the relics of Nanyue Kingdom shall be demarked and publicized by the provincial cultural relics authority in conjunction with the urban planning authority with the approval from the People’s Government of Guangdong Province.

  The control requirements (such as the building coverage ratio and plot ratio) for the development control area for the relics of Nanyue Kingdom shall be determined by the People’s Government of Guangzhou Municipality (hereinafter referred to as the “Municipal People’s Government”) on the basis of the actual conditions.

  Article 4     The municipal cultural relics authority shall, in accordance with the provisions of the Law of the People’s Republic China on the Protection of Cultural Relics, set protective marks, instruction signs and other preservation facilities in the preservation area and the development control area for the relics of Nanyue Kingdom.

  Article 5     The preservation of the relics of Nanyue Kingdom shall follow the principles of ensuring the authenticity and integrity of the relics of Nanyue Kingdom by maintaining the status quo ante.

  Article 6     The municipal people’s government takes charge of the work with respect to the preservation of the relics of Nanyue Kingdom. The municipal cultural relics authority is the administrative authority in charge of the preservation of the relics of Nanyue Kingdom, and is responsible for organizing the implementation of these Rules.

  The authorities in charge of public security, land, real estate, construction, planning, forestry and landscaping, market regulation, civil air defense, etc. and the people’s government of the district where the relics of Nanyue Kingdom are located shall coordinate the preservation of the relics of Nanyue Kingdom ex officio.

  Article 7     The authorities in charge of the preservation and management of the relics of Nanyue Kingdom shall perform the following duties with respect to the routine management, preservation and research of the relics of Nanyue Kingdom:

  (1) The archaeological exploration, excavation and scientific research of the relics;

  (2) Protecting the safety of the relics and unearthed cultural relics, conduct scientific monitoring on them, and provide annual monitoring and evaluation reports to the competent superior authorities;

  (3) Showing the unearthed cultural relics to the public in the form of exhibition and display under the premise of ensuring their safety;

  (4) Guiding and supervising the entities using the relics of Nanyue Kingdom to take daily protection measures.

  Article 8     The funds required for the preservation of the relics of the Nanyue Kingdom shall be included into the municipal financial budget.

  The municipal people’s government encourages the raising of funds by such means as social donations, which shall be specially used for the preservation of the relics of Nanyue Kingdom, and shall not be misappropriated or embezzled by any entity or individual.

  Article 9     A special plan shall be formulated for the preservation of the relics of Nanyue Kingdom. The special preservation plan shall be formulated by the municipal urban cultural relics authority in conjunction with the municipal planning authority, and shall not be implemented unless approved by the municipal people’s government.

  Article 10   The municipal cultural relics authority shall guide and supervise the law-based monitoring of the conditions of the relics and unearthed cultural relics by the authorities in charge of the preservation and management of the relics of Nanyue Kingdom, review the annual monitoring and evaluation report submitted by them, and report relevant information to the municipal people’s government.

  Article 11    No construction engineering, blasting, drilling, excavation or other operations unrelated to the preservation of the relics of Nanyue Kingdom may be carried out within the preservation area for the relics of Nanyue Kingdom.

  Where it is necessary to carry out construction engineering, blasting, drilling, excavation or other operations within the preservation area of the relics of Nanyue Kingdom due to special circumstances, the construction contractor shall report to the relevant authorities for approval in accordance with the provisions of Article 17 of the Law of the People’s Republic of China on the Protection of Cultural Relics.

  Article 12   For any construction project to be carried out within the development control area for the relics of Nanyue Kingdom, the construction contractor shall report to the relevant authorities for approval in accordance with the provisions of Article 18 of the Law of the People’s Republic of China on the Protection of Cultural Relics.

  Article 13   New pipelines for urban public utilities shall not pass through the preservation area of the relics of Nanyue Kingdom.

  Where it is necessary to install pipelines for urban public utilities within the preservation area of the relics of Nanyue Kingdom for the sake of the preservation of the relics of Nanyue Kingdom, the construction contractor shall report to relevant authorities for approval in accordance with Article 17 of the Law of the People’s Republic of China on the Protection of Cultural Relics.

  The existing pipelines for urban public utilities that pass through the preservation area of the relics of Nanyue Kingdom shall be gradually moved out or removed as appropriate.

  The term “pipelines for urban public utilities” mentioned in this article includes but is not limited to the underground pipelines for urban water supply, drainage, gas, electricity, telecommunication and heating.

  Article 14   Within the preservation area and the development control area for the relics of Nanyue Kingdom, it is prohibited to construct facilities that pollute the environment or otherwise affect or endanger the safety of the cultural relics of the Nanyue Kingdom; it is also prohibited to operate, warehouse or dispose of explosive, flammable, radioactive, toxic or corrosive items that may endanger the safety of the relics of Nanyue Kingdom.

  The existing facilities that affect or endanger the safety of the relics of Nanyue Kingdom shall be gradually moved out or removed.

  Article 15   The repair and maintenance of the cultural relics of Nanyue Kingdom shall follow the principle of maintaining the status quo ante of the cultural relics.

  The repair project of the relics of Nanyue Kingdom shall be submitted, in accordance with the provisions of Article 21 of the Law of the People’s Republic of China on the Protection of Cultural Relics, by the municipal cultural relics authority to the cultural relics authority under the State Council for examination and approval; upon the completion of the repair, the municipal cultural relics authority shall, in accordance with the provisions of Article 23 of the Measures for Management of Cultural Relics Preservation Projects, report to the cultural relics authority under the State Council for completion acceptance checks.

  Article 16   The entities undertaking the survey, design, construction or supervision of the projects for the preservation of the relics of Nanyue Kingdom shall have the cultural relics engineering qualifications recognized by the cultural relics authority under the State Council.

  Article 17   The municipal cultural relics authority shall strengthen the scientific research on the relics of Nanyue Kingdom, and shall implement scientific protection for the unearthed cultural relics and display them to the public as required by law.

  Article 18   The authorities in charge of press and publication, radio and television, culture, and tourism shall carry out various forms of publicity activities to raise the public’s awareness of preserving the relics of Nanyue Kingdom.

  Article 19   The authorities in charge of the preservation and management of the relics of Nanyue Kingdom shall take measures to well manage the public order and environmental protection and sanitation at the sites where the relics of Nanyue Kingdom are located.

  Anyone who enters the relics of Nanyue Kingdom for investigation, visit, construction or other activities shall take good care of various facilities, abide by the relevant management system at the preservation site, ensure the safety of cultural relics and maintain a good public order and a clean environment.

  Article 20   Where any construction contractor, in violation of Articles 11 and 12 herein, carries out construction engineering, blasting, drilling, excavation or other operations within the preservation area of the relics of Nanyue Kingdom without corresponding approval, or carries out any construction project within the development control area for the relics of Nanyue Kingdom, the municipal cultural relics authority shall give punishments in accordance with the provisions of Article 66 of the Law of the People’s Republic of China on the Protection of Cultural Relics.

  Article 21   Where any construction contractor, in violation of Article 13 herein, installs pipelines for urban public utilities within the preservation area of the relics of Nanyue Kingdom, the municipal cultural relics authority shall order it to make corrections, and may concurrently impose a fine of less than RMB 10,000; if causing any damage to cultural relics and shall be subject to public security penalties, punishment shall be imposed by public security organs in accordance with the provisions of the Law of the People’s Republic of China on Punishments in Public Order and Security Management; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.

  Article 22   For anyone who, in violation of Article 14 herein, operates, warehouses and disposes of explosive, flammable, radioactive, toxic or corrosive items or other items that may affect or endanger the safety of the cultural relics of the Nanyue Kingdom within the preservation area and the development control area for the relics of Nanyue Kingdom, the municipal cultural relics authority shall order it/him/her to make corrections within a prescribed time limit; if it/he/she fails to make corrections within the prescribed time limit, a fine of not more than RMB 30,000 shall be imposed; if causing any damage to cultural relics and shall be subject to public security penalties, punishment shall be imposed by public security organs in accordance with the provisions of the Law of the People’s Republic of China on Punishments in Public Order and Security Management; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.

  Article 23   Where the staff of the cultural relics authority or the staff engaged in the management of cultural relics neglect their duties or abuse their powers, thereby causing the damage or loss of the cultural relics of Nanyue Kingdom, sanctions shall be imposed on the person in charge responsible and other persons directly responsible; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.

  Article 24   These Rules shall come into force on February 1, 2008.