Full text of the regulations and documents on the protection of famous historical and cultural cities, towns and villages

Article 1 These Regulations are formulated for the purpose of strengthening the protection and management of famous historical and cultural cities, towns and villages and inheriting the excellent 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 should follow the principles of scientific planning and strict protection, maintain and continue the traditional pattern and historical features, safeguard 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 provides necessary financial support for the protection of famous historical and cultural cities, towns and villages.

The local people's governments at or above the county level where famous historical and cultural cities, towns and villages are located shall arrange protection funds according to local actual conditions and incorporate them into the fiscal budget at the corresponding level.

The state encourages enterprises, institutions, social organizations and individuals to participate in the protection of famous historical and cultural cities, towns and villages.

Article 5 The competent department of construction in the State Council, together with the competent department of cultural relics in the State Council, is responsible for the protection, supervision and management of famous historical and cultural cities, towns and villages throughout the country.

Local people's governments at all levels are responsible for the protection, supervision and management of historical and cultural cities, towns and villages within their respective administrative areas.

Article 6 The people's governments at or above the county level and their relevant departments shall, in accordance with the relevant provisions of the state, commend and reward the units and individuals that have made outstanding contributions to the protection of historical and cultural cities, towns and villages.

Chapter II Declaration and Approval

Seventh cities, towns and villages that meet the following conditions can declare historical and cultural cities, towns and villages:

(a) the preservation of cultural relics is particularly rich;

(2) historical buildings are concentrated in pieces;

(3) keep the traditional pattern and historical features;

(4) Buildings that have been used as political, economic, cultural, transportation centers or military sites in history, or have had important historical events, or their 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.

To declare a famous historical and cultural city, there should be more than two historical and cultural blocks within the protection scope of the declared famous historical and cultural city.

Article 8 To declare a famous historical and cultural city, town or village, the following materials shall be submitted:

(a) a description of the historical evolution, local characteristics and historical and cultural values;

(two) the status quo of the traditional pattern and historical features;

(3) the scope of protection;

(four) the list of immovable cultural relics, historical buildings and historical and cultural blocks;

(five) protection work, protection objectives and protection requirements.

Article 9 To declare a famous historical and cultural city, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall apply, and the competent department of construction in the State Council, together with the competent department of cultural relics in the State Council, shall organize relevant departments and experts to conduct argumentation, put forward examination opinions and submit them to the State Council for approval and promulgation.

To declare a famous historical and cultural town or village, the local people's government at the county level shall apply, and the department in charge of protection determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, jointly with the department in charge of cultural relics at the same level, organize relevant departments and experts to conduct argumentation, put forward examination opinions, and submit them to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval and promulgation.

Tenth in line with the conditions stipulated in Article 7 of these regulations, the city that has not yet declared a famous historical and cultural city, the competent department of construction in the State Council, together with the competent department of cultural relics in the State Council, may make a declaration proposal to the people's government of the province or autonomous region where it is located; If it has not yet been declared, it can directly make suggestions to the State Council to determine the city as a famous historical and cultural city.

For villages and towns that meet the conditions stipulated in Article 7 of these Regulations and have not yet declared famous historical and cultural towns and villages, the protection departments determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, jointly with the departments in charge of cultural relics at the same level, put forward suggestions for declaration to the people's governments at the county level where the villages and towns are located; If it has not yet been declared, it may directly put forward suggestions to the people's governments of provinces, autonomous regions and municipalities 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 the State Council, jointly with the competent department of cultural relics in the State Council, can choose a famous historical and cultural town and village with great historical, artistic and scientific value among the famous historical and cultural towns and villages that have been approved and announced, and it is determined as a famous historical and cultural town and village in China after expert argumentation.

Article 12 If the historical and cultural values of historical and cultural cities, towns and villages that have been approved for publication are seriously affected due to poor protection, the approving authority shall include them in the endangered list and publish them, and instruct the local municipal and county people's governments to take remedial measures within a time limit to prevent the deterioration of the situation, improve the protection system and strengthen the protection work.

Chapter III Protection Planning

Thirteenth historical and cultural city after the approval and publication, the people's government of historical and cultural city shall organize the preparation of historical and cultural city protection plan.

After the approval and publication of famous historical and cultural towns and villages, the local people's governments at the county level shall organize the preparation of protection plans for famous historical and cultural towns and villages.

Protection planning shall be completed within 1 year from the date of approval and publication of famous historical and cultural cities, towns and villages.

Article 14 The protection plan shall include the following contents:

(1) Principles, contents and scope of protection;

(two) protection measures, development intensity and construction control requirements;

(3) Requirements for protecting the traditional pattern and historical features;

(four) the core protection scope and construction control zone of historical and cultural blocks, famous towns and villages;

(five) the phased implementation plan of the protection plan.

Fifteenth historical and cultural cities and towns protection planning period should be consistent with the overall urban planning and town planning period; The planning period of protection planning for famous historical and cultural villages should be consistent with the planning period of village planning.

Article 16 Before the protection plan is submitted for examination and approval, the organization and compilation organ of the protection plan shall solicit the opinions of relevant departments, experts and the public. When necessary, a hearing may be held.

The protection plan shall submit the examination and approval documents, and attach the adoption opinions and reasons; After the hearing, a transcript of the hearing shall also be attached.

Article 17 Protection plans shall be examined and approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

The organization for the planning of protection shall report the legally approved planning for the protection of historical and cultural cities and the planning for the protection of famous historical and cultural towns and villages in China to the competent construction department of the State Council and the competent cultural relics department of the State Council for the record.

Article 18 The organization and compilation organ of the protection plan shall promptly publish the protection plan approved according to law.

Nineteenth protection plans approved according to law shall not be modified without authorization; If it is really necessary to modify the protection plan, the organization organ shall submit a special report to the original examination and approval authority, and the revised plan can be prepared only after approval. The revised protection plan shall be submitted for approval in accordance with the original examination and approval procedures.

Twentieth the State Council construction departments in conjunction with the the State Council cultural relics departments should strengthen the supervision and inspection of the implementation of the protection plan.

The local people's governments at or above the county level shall strengthen the supervision and inspection of the implementation of the protection planning of their administrative areas, and evaluate the protection status of famous historical and cultural cities, towns and villages; Problems found should be corrected and handled in time.

Chapter IV Protective Measures

Twenty-first historical and cultural cities, towns and villages should be protected as a whole, maintain the traditional pattern, historical features and spatial scale, and may not change the natural landscape and environment that are interdependent with them.

Article 22 The local people's governments at or above the county level where famous historical and cultural cities, towns and villages are located shall, according to the local economic and social development level and protection planning, control the population of famous historical and cultural cities, towns and villages and improve their infrastructure, public service facilities and living environment.

Article 23 Construction activities within the protection scope of famous historical and cultural cities, towns and villages shall conform to the requirements of protection planning, and shall not damage the authenticity and integrity of historical and cultural heritage, or have a destructive impact on its traditional pattern and historical features.

Twenty-fourth in the historical and cultural cities, towns and villages within the scope of protection to prohibit the following activities:

(a) Activities that undermine traditional patterns and historical features, such as mountain cutting, quarrying and mining;

(two) occupation of garden green space, rivers and lakes, roads, etc ... Determined by the protection plan;

(three) the construction of factories and warehouses for the production and storage of explosive, flammable, radioactive, toxic and corrosive substances;

(4) Carving and smearing on historical buildings.

Twenty-fifth in the historical and cultural cities, towns and villages within the scope of protection of the following activities, should protect their traditional pattern, historical features and historical buildings; The formulation of protection planning shall be approved by the competent department of urban and rural planning of the people's government of the city or county in conjunction with the competent department of cultural relics at the same level, and the relevant procedures shall be handled in accordance with the provisions of relevant laws and regulations:

(a) activities to change the natural state of garden green space, rivers and lakes;

(2) Making film and television works and holding large-scale mass activities within the core protection scope;

(three) other activities that affect the traditional pattern, historical features or historical buildings.

Twenty-sixth new buildings and structures in the construction control zone of historical and cultural blocks and famous towns and villages shall meet the construction control requirements determined by the protection plan.

Twenty-seventh buildings and structures within the core protection scope of historical and cultural blocks, towns and villages should be treated differently according to different situations, and corresponding measures should be taken to implement classified protection.

Historical buildings within the core protection scope of historical and cultural blocks and famous towns and villages should maintain their original height, volume, appearance and color.

Twenty-eighth in the historical and cultural blocks, towns and villages within the scope of core protection, no new construction or expansion activities. However, except for the construction and expansion of necessary infrastructure and public service facilities.

Where necessary infrastructure and public service facilities are built or expanded within the core protection scope of historical and cultural blocks, famous towns and villages, the competent department of urban and rural planning of the people's government of a city or county shall solicit the opinions of the competent department of cultural relics at the same level before issuing the construction project planning permit and the rural construction planning permit.

Demolition of buildings, structures or other facilities outside historical buildings within the core protection scope of historical and cultural blocks, towns and villages shall be approved by the competent department of urban and rural planning of the people's government of the city or county jointly with the competent department of cultural relics at the same level.

Article 29 When examining and approving the construction activities specified in Article 28 of these Regulations, the examination and approval authorities shall organize expert argumentation, announce the examination and approval items, solicit public opinions, and inform the interested parties of their right to request a hearing. The publicity time shall not be less than 20 days.

If an interested party requests a hearing, it shall do so within the publicity period. After the expiration of the publicity period, the examination and approval authority shall hold a hearing in time.

Thirtieth city and county people's governments shall set up signs at the main entrances and exits of the core protection scope of historical and cultural blocks, towns and villages.

No unit or individual may set, move, alter or damage the signs without authorization.

Thirty-first fire facilities and fire exits within the core protection scope of historical and cultural blocks, famous towns and villages shall be set up in accordance with relevant fire technical standards and norms. Due to the protection needs of historical and cultural blocks, famous towns and villages, which cannot be set according to standards and norms, the fire control institutions of public security organs of municipal and county people's governments shall, jointly with the competent department of urban and rural planning at the same level, formulate corresponding fire safety protection schemes.

Thirty-second city and county people's governments shall set up signs for the protection of historical buildings and establish archives of historical buildings.

Historical building archives shall include the following contents:

(1) Architectural artistic features, historical features, construction date and rarity;

(two) the relevant technical information of the building;

(three) the use of the building and the change of ownership;

(four) the text, drawings, pictures, images and other materials formed in the process of building repair and decoration;

(5) Building surveying and mapping information records and related materials.

Article 33 The owners of historical buildings shall be responsible for the maintenance and repair of historical buildings in accordance with the requirements of protection planning.

The local people's governments at or above the county level may subsidize the maintenance and repair of historical buildings from the protection funds.

Historical buildings are in danger of being destroyed, and the owners have no ability to maintain and repair them. The local people's government should take measures to protect it.

No unit or individual may damage or move or dismantle historic buildings without authorization.

Thirty-fourth construction site selection, should try to avoid historical buildings; If it is unavoidable due to special circumstances, the original site protection shall be implemented as far as possible.

Where historical buildings are protected in situ, the construction unit shall determine the protection measures in advance and report them to the competent department of urban and rural planning of the people's government of the city or county in conjunction with the competent department of cultural relics at the same level for approval.

If construction activities are needed due to public interests and historical buildings cannot be protected in situ and must be moved to other places for protection or demolition, the competent department of urban and rural planning of the people's government of the city or county shall, jointly with the competent department of cultural relics at the same level, report to the competent department of protection determined by the people's government of the province, autonomous region or municipality directly under the Central Government for approval.

The expenses required for site protection, relocation and demolition of historic buildings specified in this article shall be included in the construction project budget by the construction unit.

Article 35 External repair, decoration, additional facilities or changes in the structure or use nature of historical buildings shall be approved by the competent department of urban and rural planning of the people's government of the city or county in conjunction with the competent department of cultural relics at the same level, and relevant procedures shall be handled in accordance with the provisions of relevant laws and regulations.

Thirty-sixth in the historical and cultural cities, towns and villages within the scope of cultural relics protection, cultural relics protection laws and regulations should be implemented.

Chapter V Legal Liability

Article 37 If, in violation of the provisions of these Regulations, the staff of the administrative department of construction in the State Council, the administrative department of cultural relics in the State Council and the local people's governments at or above the county level and their relevant administrative departments fail to perform their duties of supervision and management, and if they find illegal acts, they will not be investigated, or if they commit other acts of abuse of power, neglect of duty or engage in malpractices for selfish ends, which constitutes a crime, they will be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished according to law.

Thirty-eighth in violation of the provisions of this Ordinance, the local people's government has one of the following acts, the people's government at a higher level shall order it to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law:

(1) Failing to organize the preparation of the protection plan;

(two) failing to organize the preparation of protection plans in accordance with legal procedures;

(three) to modify the protection plan without authorization;

(four) the approved protection plan has not been published.

Article 39 If, in violation of the provisions of these Regulations, the competent department of protection designated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the competent department of urban and rural planning of the people's governments of cities and counties fails to perform the examination and approval duties as stipulated in Articles 25, 28, 34 and 35 of these Regulations in accordance with the requirements of protection planning or legal procedures, the people's government at the corresponding level or the relevant departments of the people's government at a higher level shall order it to make corrections, informed criticism; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.

Fortieth in violation of the provisions of this Ordinance, the people's government of the city or county due to poor protection, resulting in the approval of the publication of historical and cultural cities, towns and villages are included in the endangered list, by the people's government at a higher level in informed criticism; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.

Article 41 Anyone who, in violation of the provisions of this Ordinance, commits any of the following acts within the protection scope of a famous historical and cultural city, town or village 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 act, make restitution within a time limit or take other remedial measures; Illegal income, confiscate the illegal income; If it fails to restore the original state or take other remedial measures within the time limit, the competent department of urban and rural planning may designate a qualified unit to restore the original state or take other remedial measures on its behalf, and the expenses required shall be borne by the offender; If serious consequences are caused, the unit shall be fined between 500,000 yuan and 6,543.8+0,000 yuan, and the individual shall be fined between 50,000 yuan and 6,543.8+0,000 yuan; If losses are caused, it shall be liable for compensation according to law:

(a) mountain, quarrying, mining and other destruction of the traditional pattern and historical features;

(two) occupy the garden green space, rivers and lakes, roads, etc. Determined by the protection plan;

(3) Construction of factories, warehouses, etc. Used for the production and storage of explosive, flammable, radioactive, toxic and corrosive substances.

Article 42 Whoever, in violation of the provisions of these Regulations, scribbles or depicts historical buildings shall be ordered by the competent department of urban and rural planning of the people's government of the city or county to make restitution or take other remedial measures, and shall also be fined by 50 yuan.

In violation of the provisions of this Ordinance, 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, one of the following acts shall be ordered by the competent department of urban and rural planning of the people's government of a city or county to stop the illegal act, make restitution within a time limit or take other remedial measures; Illegal income, confiscate the illegal income; If it fails to restore the original state or take other remedial measures within the time limit, the competent department of urban and rural planning may designate a qualified unit to restore the original state or take other remedial measures on its behalf, and the expenses required shall be borne by the offender; If serious consequences are caused, the unit shall be fined between 50,000 yuan and 6,543,800 yuan, and the individual shall be fined between 6,543,800 yuan and 50,000 yuan; If losses are caused, it shall be liable for compensation according to law:

(a) to change the natural state of garden green space, rivers and lakes;

(two) film and television production, holding large-scale mass activities;

(three) the demolition of buildings, structures or other facilities other than historical buildings;

(4) Externally repairing and decorating historical buildings, adding facilities, and changing the structure or use nature of historical buildings;

(five) other acts that affect the traditional pattern, historical features or historical buildings.

If the relevant units or individuals are approved to carry out the above activities, but in the course of the activities, they have a destructive impact on the traditional pattern, historical features or historical buildings, they shall be punished in accordance with the provisions of the first paragraph of this article.

Forty-fourth in violation of the provisions of this Ordinance, damage or unauthorized demolition, demolition of historical buildings, the competent department of urban and rural planning of the people's government of the city or county shall be ordered to stop the illegal act, restore the original state within a time limit or take other remedial measures; Illegal income, confiscate the illegal income; If it fails to restore the original state or take other remedial measures within the time limit, the competent department of urban and rural planning may designate a qualified unit to restore the original state or take other remedial measures on its behalf, and the expenses required shall be borne by the offender; If serious consequences are caused, the unit shall be fined between 200,000 yuan and 500,000 yuan, and the individual shall be fined between 654.38 million yuan and 200,000 yuan; If losses are caused, it shall be liable for compensation according to law.

Forty-fifth in violation of the provisions of this Ordinance, unauthorized setting, moving, changing or damaging the signs of historical and cultural blocks, towns and villages, the competent department of urban and rural planning of the people's government of the city or county shall order it to make corrections within a time limit; If no correction is made within the time limit, the unit shall be fined between 1 10,000 yuan and 50,000 yuan, and the individual shall be fined between 1 10,000 yuan and 0/10,000 yuan.

Forty-sixth in violation of the provisions of this Ordinance, causing damage to historical and cultural cities, towns and villages, shall be punished in accordance with the provisions of laws and regulations on the protection of cultural relics; If a crime is constituted, criminal responsibility shall be investigated according to 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 confirmed and announced by the municipal or county people's governments, 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 with a certain scale, which have been approved and announced by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and are particularly rich in preserved cultural relics and concentrated in historical buildings, and can fully and truly reflect the traditional pattern and historical features.

The specific implementation measures for the protection of historical and cultural blocks shall be formulated by the construction administrative department of the State Council in conjunction with the cultural relics administrative department of the State Council.

Article 48 These Regulations shall come into force on July 6, 2008.