China cracks down on cultural heritage: more controls and fines of up to 10 million yuan

Beijing has updated the Law on the Protection of Cultural Artefacts, in force since March 1st. It imposes archaeological evaluations before construction and has removed the statute of limitations for the recovery of stolen artefacts. It also cracks down on tourism, to limit commercialisation. Increased responsibility for local governments.

Rome (AsiaNews/Agencies) - The new Law on the Protection of Cultural Relics, approved last November by the National People's Congress (NPC), China's highest legislative body, came into force on 1 March, a few days before the start of the ‘Two Sessions’, the country's most important annual political meetings.

In the first significant update to its cultural heritage protection laws in over two decades, China has introduced stricter penalties, more rigorous oversight and has placed the main responsibility for conservation on local governments.

The changes increase the maximum fines for damage from 500,000 yuan to 10 million (from 70,000 to 1.4 million dollars), require archaeological assessments before any building project and remove the statute of limitations for the recovery of stolen artefacts.

In addition, they strengthen tourism regulations to limit excessive commercialisation and improve protections for unclassified artefacts, highlighting the government's commitment to countering heritage loss in a context of rapid development.

The protection of cultural heritage is expected to be a key issue at this year's ‘Two Sessions’. The possibility of offering greater transparency in the disclosure of opening hours of cultural sites and accessibility standards to prevent overcrowding is being discussed.

As is the protection of immovable cultural artefacts, which include ancient tombs, historic buildings, cave temples, stone carvings and frescoes.

The last national census of cultural and historical artefacts, carried out in 2011, recorded almost 770,000 immovable cultural artefacts in China. Of these, 17.7 per cent were in poor condition and around 44,000 sites had been demolished, mainly due to urban expansion and infrastructure projects.

According to Wang Yunxia, director of the Institute of Cultural Heritage Law at Renmin University of China, the online magazine Sixth Tone reports that the updated law gives local governments primary responsibility for the protection of cultural artefacts.

In addition, the law introduces two key restrictions: local governments cannot transfer or assign land, and companies cannot start major construction projects before an archaeological survey. The revised law also introduces stricter penalties for serious violations.

The new law has tightened regulations on tourism. State-owned cultural relics designated as tourist sites cannot be transferred to the control of private companies.

During the 2021 Chinese New Year, a fire in the Ancient Village of Wengding, in the south-western province of Yunnan, destroyed more than 100 straw houses in a settlement of the 400-year-old Wa ethnic minority, once known as ‘China's last primitive tribe’. The incident fuelled the debate on the risks associated with excessive tourism development.

Finally, the law eliminates the statute of limitations for the recovery of illegally acquired cultural artefacts: a measure aimed at strengthening international efforts to recover stolen artefacts.

It also introduces detailed regulations on the survey of cultural artefacts, in underground conservation areas and with regard to underwater heritage.

‘The updated Law on the Protection of Cultural Artefacts applies the strictest regulations and the most severe legal framework for the safeguarding of cultural heritage, making its protection an indisputable national commitment’, said the National Administration of Cultural Heritage in its interpretation of the legislation.