Sui Wen Guang Lv Gui Zi [2022] No. 2

　　Notice of Guangzhou Municipal Culture, Radio, Television and Tourism Bureau on Issuing the Provisions on Procedures for Archaeological Investigation and Exploration Before the Supply of State-Owned Construction Land in Guangzhou

The people's governments of all districts and relevant units of the Municipal Government:

　　In accordance with relevant laws and regulations, and the specific situation of Guangzhou, we have revised the Provisions on Procedures for Archaeological Investigation and Exploration Before the Supply of State-Owned Construction Land in Guangzhou to standardize the procedures for archaeological fieldwork in Guangzhou and better protect cultural relics in urban construction. With the approval of the People's Government of Guangzhou Municipality, these regulations are hereby issued to you for compliance. If there are any problems in the implementation, please contact us.

Guangzhou Municipal Culture, Radio, Television and Tourism Bureau

July 11, 2022

　　(Contact: Liu Lu, Tel: 38925447)

Provisions on Procedures for Archaeological Investigation and Exploration Before the Supply of State-Owned Construction Land in Guangzhou

　　Article 1 These provisions have been formulated in accordance with the Law of the People's Republic of China on Protection of Cultural Relics, the Regulations on Implementing the Law of the People's Republic of China on Protection of Cultural Relics, the Practice of Guangdong Province on Implementing the ‘Law of the People's Republic of China on Protection of Cultural Relics’, and the Regulations of Guangzhou on the Protection of Cultural Relics.

　　Article 2 These provisions apply to the construction projects stipulated in Article 32 and Article 33 of the Regulations of Guangzhou on the Protection of Cultural Relics.

　　Article 3 For the archaeological investigation and exploration of state-owned construction land for which the land use right is assigned, if the land is state-owned reserve land, the land reserve institution should apply to the municipal administrative department for cultural relics for a permit before the assignment; otherwise, the construction unit should make the application.

　　For the archaeological investigation and exploration of state-owned construction land for which the land use right is allocated, the construction unit shall submit an application to the municipal administrative department for cultural relics at the project proposal or feasibility study stage.

　　In principle, the applicant must submit an application for archaeological investigation and exploration to the municipal administrative department for cultural relics six months before the assignment of the land use right or the commencement of construction, which depends on the actual situation of the project.

　　The applicant is obliged to support the archaeological work to the extent required.

　　If elevators or small pipeline projects with a depth of no more than 1.5 meters but closely related to people's livelihood are to be installed within Guangzhou's first series of underground areas of archaeological remains, relevant archaeological investigations, exploration and excavation can be suspended. If any buried cultural relics are discovered during construction, construction crews shall immediately stop their work, protect the site, and report it to the local cultural relics administrative department. Projects protected by cultural heritage departments at the provincial level and above are not affected.

　　Article 4 The applicant shall submit the following documents when applying for archaeological investigation and exploration to the municipal administrative department for cultural relics.

　　1. Application letter. The application letter should include the following items:

　　1) Subject and ways of the land reservation;

　　2) Location, boundary, area and other details of the parcel to be applied for;

　　3) If it is an approved project of the National or Provincial Development and Reform Commission, relevant evidence is required.

　　2. Approval of planning.

　　3. Topographic map on a scale of at least 1:2000 and electronic version of the document, on which the scope of the proposed parcel should be marked.

　　Article 5 The applicant shall assist in the archaeological work as shown below:

　　1. Determine the position of boundary markers of the red line area;

　　2. Complete demolition and relocation of buildings (structures), surface removal, relocation of occupants (users) and mounds, and compensation for fruit trees and seedlings in the archaeological exploration area;

　　3. Obtain information on the status of underground pipelines in the exploration area and disclose the safety information to the archaeological excavation unit. Complete the relocation of underground pipelines in the archaeological exploration area where necessary. If the relocation is not required or not feasible, but the exploration may impact these pipelines, units responsible for these pipelines should be informed to conduct on-site monitoring in the exploration area.

　　4. Complete mapping of underground facilities such as subways, civil air defense installations, and defense communications facilities, and communicate with the appropriate units.

　　5. Settle other disputes that might hinder archaeological work.

　　Article 6 The applicant shall provide the work area that meets the requirements of the archaeological exploration and other necessary support.

　　An archaeological project located in the reserve land of the municipal land reserve institution shall not be carried out until the municipal land reserve institution has confirmed the archaeological work area with the Municipal Institute of Cultural Heritage and Archaeology in accordance with the reply of the municipal cultural relics administrative department.

　　If an archaeological project locates in the reserve land of the district land reserve institution, after receiving the reply from the municipal administrative department for cultural relics, the district land reserve institution shall immediately contact the Municipal Institute of Cultural Heritage and Archaeology, provide the necessary information, and sign a contract to determine the archaeological work content, labor cost, work period, rights and obligations, etc. The Municipal Institute of Cultural Heritage and Archaeology shall enter the site and perform the relevant archaeological work within five working days after the conditions agreed upon in the contract are met.

　　For other projects, after receiving the reply from the municipal administrative department for cultural relics, the applicant should immediately contact the archaeological excavation unit and provide the necessary information and assistance. The applicant may directly entrust the Municipal Institute of Cultural Heritage and Archaeology to carry out archaeological investigation and exploration. In such a case, the applicant shall submit a written assignment and sign a contract for the archaeological work as soon as possible. The Municipal Institute of Cultural Heritage and Archaeology shall enter the site upon completion of the appropriate contracting procedures and begin performing the archaeological work within five working days of meeting the contracted conditions.

　　Article 7 The applicant shall provide the necessary support for the archaeological works. The support shall include, but not be limited to, the following:

　　1. Fencing the exploration area before the commencement of archaeological work in densely populated areas and areas of frequent human activity.

　　2. Clearing waste piles on the concrete surface and construction wastes in the exploration area before the start of archaeological work, and removing the remaining mud if necessary.

　　3. Providing the archaeological excavation unit with temporary facilities (including duty rooms, temporary shelters, etc.), water, electricity, and other necessary resources.

　　4. Coordinating the communication between the archaeological excavation unit and local government, property owners, the construction unit and other agencies.

　　5. Securing site safety and assisting with hazard prevention and control in the archaeological work area.

　　Article 8 The archaeological excavation unit shall, within ten working days after completing the excavation, submit a report on the results of archaeological investigation and exploration to the municipal administrative department for cultural relics.

　　Within five working days upon receipt of the report, the municipal administrative department for cultural relics should inform the applicant of the results of the archaeological investigation and exploration and the opinions on the protection of cultural relics. For projects approved by the National Development and Reform Commission or the Provincial Development and Reform Commission, the municipal administrative department for cultural relics should inform the provincial administrative department for cultural relics of the results of the archaeological investigation and exploration and the opinions on cultural relics protection within five working days after receiving the report from the archaeological excavation unit.

　　Article 9 If there is no need to carry out archaeological excavations because no buried cultural relics are found after archaeological investigation and exploration, the municipal administrative department for cultural relics shall notify the applicant in writing that the parcel can be added to its land supply program.

　　If archaeological excavation is required because signs of cultural relics have been found during archaeological investigation and exploration, the municipal administrative department for cultural relics should notify the applicant in writing of the excavation. The archaeological excavation unit should propose a work plan and go through the approval process.

　　When urgent archaeological excavation and rescue of ancient cultural sites and tombs are required due to a tight schedule or the risk of natural damage, the municipal administrative department for cultural relics should be responsible for the excavation while going through the approval procedures.

　　Article 10 The funds for carrying out archaeological investigations, explorations and excavations in connection with construction projects shall be included in the budgets of municipal and district people’s governments.

　　1. If the right to use state-owned construction land is assigned, the necessary funds shall be taken from the special funds for the protection of cultural relics of the municipality or borne by the district finance bureau on the basis of financial classification.

　　2. If the right to use state-owned construction land is allocated, the necessary funds shall be borne by the municipal finance bureau.

　　3. If the land use right was acquired before the effective date of the Provisions on the Protection of Cultural Relics of Guangzhou Municipality on May 1, 2013, but no archaeological investigation or exploration has been carried out, the necessary funds shall be borne by the municipal finance bureau.

　　The cost of archaeological investigation, exploration and excavation of cultural relics shall be borne by the construction unit in the following cases:

　　1. The right to use state-owned construction land was acquired by allocation between May 1, 2013 and August 20, 2020.

　　2. The land use right was acquired before May 1, 2013, but the archaeological work was carried out between May 1, 2013 and August 20, 2020.

　　In special cases involving the construction of rural collective-owned land, temporary borrowing of land, nonmajor construction projects, and the like, funds necessary for archaeological investigation, exploration and excavation of cultural relics shall be used in accordance with the following provisions:

　　1. The costs of archaeological investigation, exploration and excavation of cultural relics incurred between May 1, 2013 and August 20, 2020 shall be borne by the construction unit under paragraph (2) of this Article.

　　2. In the case of archaeological work on cultural relics carried out after the effective date of the Provisions on the Protection of Cultural Relics of Guangzhou Municipality, which came into force on August 20, 2020, the funds required for archaeological investigation, exploration and excavation shall be borne by the municipal finance bureau under item (2) of paragraph (1) of this article.

　　Article 11 When the working conditions for the archaeological exploration of cultural relics are met and there is no force majeure such as a thunderstorm or earthquake, the time required for a general archaeological investigation project shall not exceed 10 working days; the time required for a general archaeological exploration project shall not exceed 60 working days; and the time required for archaeological exploration per 10,000 square meters shall not exceed 15 working days, except for mega-projects with a survey area greater than 1 million square meters and an exploration area greater than 500,000 square meters. If archaeological excavation is necessary, the time shall be calculated separately.

　　Article 12 The archaeological investigation, exploration and excavation carried out or not carried out before the effective date of these Provisions in accordance with the Provisions on the Protection of Cultural Relics of Guangzhou Municipality, which came into effect on August 20, 2020, shall be carried out according to these Provisions.

　　Article 13 These Provisions shall come into force on September 1, 2022 and shall be valid for 5 years. The Provisions on Procedures for Archaeological Investigation and Exploration Before the Supply of State-Owned Construction Land in Guangzhou (Sui Wen Guang Xin Gui Zi [2018] No. 5) shall be abolished on the same day.

　　Chinese version：广州市文化广电旅游局关于印发《广州市国有建设用地供应前考古调查勘探程序规定》的通知