(Promulgated by the State Council of the People's Republic
of China on October 20, 1989)
Article 1. These Regulations are formulated in accordance
with the pertinent provisions of the Law of the People's Republic
of China on the Protection of Cultural Relics for the purpose of
strengthening the management and protection of underwater cultural
relics.
Article 2. The term "underwater cultural relics" referred
to in these Regulations denotes the human cultural heritage that
has historic, artistic and scientific values and that remains in
the following waters:
(1) all the cultural relics of Chinese origin, or of
unidentified origin, or of foreign origin that remain in the
Chinese inland waters and territorial waters;
(2) cultural relics that are of Chinese origin or of
unidentified origin that remain in sea areas outside the Chinese
territorial waters but under Chinese jurisdiction according to the
Chinese law;
(3) cultural relics of Chinese origin that remain in sea areas
outside the territorial waters of any foreign country but under the
jurisdiction of a certain country, or in the high seas.
The provisions in the preceding paragraphs shall not cover
objects that have remained underwater since 1911 and have nothing
to do with important historical events, revolutionary movements or
renowned personages.
Article 3. The ownership of the underwater
cultural relics specified in Paragraphs (1) and (2) of Article 2 of
these Regulations shall reside in the state and the state shall
exercise jurisdiction over them; with respect to underwater
cultural relics specified in Paragraphs (3) of Article 2 of these
Regulations, the state shall have the right to identify the owners
of the objects.
Article 4. The State Administration of Cultural
Heritage shall be the competent authority in charge of the
registration of underwater cultural relics, management and
protection thereof, and of the work of examination and approval
concerning the archaeological exploration and excavation activities
with respect to underwater cultural relics.
Administrative departments of cultural heritage at various local
levels shall be in charge of the protection of underwater cultural
relics in their respective administrative regions and shall, in
conjunction with the archaeological and research institutions for
cultural relics, be in charge of the work to identify and assess
the value of underwater cultural relics. With respect to underwater
cultural relics in sea waters, the State Administration of Cultural
Heritage may designate local administrative departments of cultural
heritage to take charge of the management and protection of
underwater cultural relics.
Article 5. On the basis of the value of underwater
cultural relics, the State Council and the people's governments of
the provinces, autonomous regions and municipalities directly under
the central government may in accordance with the pertinent
procedures specified in the provisions in Chapter II of the Law on
the Protection of Cultural Relics, determine the underwater
cultural relics protection units and underwater cultural relics
reserves at the national or provincial levels and publicly announce
them. Within the limits of the underwater cultural relics
protection units and underwater cultural relics reserves, any
activity that may jeopardize the safety of the underwater cultural
relics, such as fishing and demolitions, shall be prohibited.
Article 6. Any units or individuals that have discovered
by any means underwater cultural relics specified in Paragraphs (1)
and (2) of Article 2 of these Regulations shall report promptly to
the State Administration of Cultural Heritage or to the local
administrative departments of cultural heritage, and those that
have been fished up shall be handed over promptly to the State
Administration of Cultural Heritage or to the administrative
departments of cultural heritage in the localities to be properly
dealt with.
Any unit or individual that has discovered by any means
underwater cultural relics specified in Paragraph (3) of Article 2
of these Regulations shall report promptly to the State
Administration of Cultural Heritage or to the administrative
departments of cultural heritage in the localities, and those that
have been fished up shall be turned in promptly to the State
Administration of Cultural Heritage or to the administrative
departments of cultural heritage in the localities to be identified
and assessed.
Article 7. Archaeological exploration and excavation
activities with respect to underwater cultural relics shall have,
as their objective, the protection of cultural relics and
scientific research. Any unit or individual that intends to conduct
in the waters under Chinese jurisdiction archaeological exploration
or excavation activities with respect to underwater cultural relics
shall apply to the State Administration of Cultural Heritage and
submit the relevant data. Without approval by the State
Administration of Cultural Heritage, no unit or individual may
conduct by any means unauthorized exploration or excavation.
Foreign countries, international organizations and foreign legal
persons or natural persons that are to conduct in the waters under
Chinese jurisdiction archaeological exploration or excavation
activities shall do so in cooperation with the Chinese side and
shall submit their application therefore to the State
Administration of Cultural Heritage, which shall further submit it
to the State Council of the People's Republic of China for special
approval.
Article 8. With respect to any unit or individual that
has been permitted to effect archaeological exploration or
excavation activities of underwater cultural relics, if the range
of their activities covers water under the jurisdiction of the
harbor superintendence, the case shall be reported to the harbor
superintendence for verification and approval and the harbor
superintendence shall, upon verification and approval, delineate
the safe operation area(s) and put out a navigation notice.
Article 9. Any unit or individual that is effecting
archaeological exploration or excavation activities with respect to
underwater cultural relics shall, in addition to complying with
these Regulations, abide by other laws and regulations of China and
accept the administration by the departments concerned, shall
observe rules concerning underwater archaeological activities,
diving and navigation and ensure the safety of the personnel and
the underwater cultural relics, shall prevent the water from
environmental pollution and protect the
underwater biological resources and other natural
resources from damage, shall protect all the surface and underwater
facilities and may not obstruct communication and transportation,
fishery production, military drills and other normal surface
and underwater operations and activities.
Article 10. Those who have made outstanding contributions
to the protection of underwater cultural relics, if the
circumstances are in conformity with those specified in the
provisions in Article 29 of the Law on Protection of Cultural
Relics, shall be commended or rewarded.
Those who, in violation of the provisions in Articles 5, 6 and 7
of these Regulations, damage underwater cultural relics, or
explore, excavate or dredge up underwater cultural relics without
authorization, or hide, share secretly, traffic in, illicitly sell
or illicitly export underwater cultural relics, if the
circumstances are found to be those specified in the provisions in
Articles 30 and 31 of the Law on Protection of Cultural Relics,
shall be given administrative sanctions or have their criminal
liability investigated in accordance with the law.
With respect to those who violate the provisions in Article 8
and 9 of these Regulations, if the violation has resulted in
serious consequences, the administrative department of cultural
heritage shall, in conjunction with the departments concerned,
order the operation to be suspended and set a deadline for
correction or shall give such administrative sanctions as
withdrawing the approval granted, with an additional imposition of
a fine ranging from Renminbi 1,000 yuan to 10,000 yuan.
Article 11. The State Administration of Cultural Heritage
shall be responsible for the interpretation of these
Regulations.
Article 12. The rules for the implementation of these
Regulations shall be formulated by the State Administration of
Cultural Heritage.
Article 13. These Regulations shall go into effect as of
the date of promulgation.
Notice:
This English document is from the "LAWS
AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA
GOVERNING FOREIGN-RELATED MATTERS" (1991.7) which was compiled by
the Bureau of Legislative Affairs of the State Council, and was
published by the China Legal System Publishing House. In case of
discrepancy, the original version in Chinese shall prevail.
(China.org.cn August 20, 2003)