Decree of the Ministry of Veterans Affairs of the People’s Republic of China!

2022-07-20 0 By

Order of the Ministry of Veterans Affairs, PRC No.6 The Measures for the Protection and Administration of Martyrs’ Memorial Facilities, which were deliberated and adopted at the 21st Ministerial Meeting of the Ministry of Veterans Affairs on December 30, 2021, are hereby promulgated and shall come into force on March 1, 2022.Measures for the Protection and Administration of Martyrs’ Memorial Facilities (promulgated by Order No. 47 of the Ministry of Civil Affairs on June 27, 2013 and revised by Order No. 6 of the Ministry of Veterans Affairs on January 24, 2022) chapter I General Provisions Article 1 In order to strengthen the protection and administration of martyrs’ Memorial Facilities,These Measures are formulated in accordance with the “Law of the People’s Republic of China on the Protection of Heroes and Martyrs”, the “Regulations on the Praise of Martyrs” and relevant provisions of the State to carry forward the spirit of heroes and patriotism and make better use of the function of martyrs memorial facilities as red resources for praising heroes and Martyrs and educating future generations.Article 2 The martyr memorial facilities mentioned in these Measures refer to the martyrs’ cemetery, martyrs’ tomb, martyrs’ urn, martyrs’ wall, memorial halls, memorial tablet pavilions, memorial towers, memorial statues, memorial squares and other facilities specially built in the territory of the People’s Republic of China in accordance with relevant state regulations for the memory of heroes and martyrs.Article 3 The protection and management of martyrs’ memorial facilities shall be strengthened in accordance with the requirements of complete infrastructure, excellent protection status, sound institutional system, standardized service management and prominent functions.Article 4 The department in charge of affairs for ex-servicemen under The State Council shall be responsible for guiding the protection and administration of facilities for the commemoration of martyrs throughout the country.The competent departments for ex-servicemen of the local people’s governments at or above the county level shall be responsible for the protection and administration of the installations of martyrs’ memorial in their respective administrative areas.Article 5 The competent departments of affairs for ex-servicemen of the people’s governments at or above the county level shall report to the people’s governments at the same level to determine protection units to be specifically responsible for the protection and administration of martyrs’ memorial facilities, strengthen work forces and clarify management responsibilities.If the protection unit cannot be determined, the competent department of affairs for ex-servicemen of the people’s government at or above the county level shall report to the specific administrative unit of the people’s government at the same level for protection and administration.Article 6 the people’s governments at or above the county level veterans work authorities under the State Council in conjunction with the finance, national development and reform departments arrange martyr memorial facilities protection for the reform of management and maintenance, for the martyr memorial renovation of facilities, equipment, environmental regulation, ZhanChen propaganda and martyrs memorial activities, such as work, accept financial and social supervision, audit department.Chapter II Hierarchical Protection Article 7 The State exercises hierarchical protection for martyrs’ memorial facilities, which may be classified as national martyrs’ memorial facilities according to their commemorative significance, construction scale and protection status, etc.(2) provincial martyrs memorial facilities;(3) Memorial facilities for martyrs at district-level cities;(4) County-level memorial facilities for martyrs.Martyrs’ memorial facilities whose protection level has not been determined shall be protected and managed by the competent departments for ex-servicemen’s affairs of the local people’s governments at the county level or by entrusting relevant units, organizations or individuals to do so.Scattered graves of martyrs shall be relocated and protected in a centralized manner, and if conditions for centralized protection are not available, the protection force and management responsibility shall be clarified.(1) Martyr memorial facilities built to commemorate martyrs who died in major events, battles and struggles in major revolutionary base areas in various historical periods, such as the Chinese revolution, construction and reform;(2) martyr memorial facilities built to commemorate famous martyrs of great national influence;(3) large memorial facilities for martyrs located in old revolutionary base areas or ethnic minority areas;(4) memorial facilities built in memory of famous international friends who sacrificed their lives for China’s revolutionary struggle;(5) other martyr memorial facilities with large scale, complete infrastructure, obvious planning and construction features, and national visibility or strong regional influence.The requirements for the declaration of memorial facilities for martyrs at various local levels shall be formulated by the competent departments of work for ex-servicemen of the people’s governments at the corresponding levels and submitted to the competent departments of work for ex-servicemen of the people’s governments at the next higher levels for the record.Article 9 To apply for national-level memorial facilities for martyrs, an application shall be submitted by the department in charge of work for ex-servicemen under the people’s government at the provincial level, examined and verified by the department in charge of work for ex-servicemen under The State Council, and submitted to and approved by The State Council for publication.The competent departments of work for ex-servicemen of the people’s governments at or above the county level that are to ratify the protection grade of the local memorial facilities for martyrs at various levels shall submit an application to the people’s governments at the same level, which shall be announced upon approval by the people’s governments at the same level, and shall be reported to the competent departments of work for ex-servicemen of the people’s governments at the next higher level for the record within 20 working days after the announcement.Article 10 the following materials shall be provided to declare the protection level of martyrs’ memorial facilities :(1) basic information about martyrs’ memorial facilities;(2) the situation of the units protecting or managing the martyrs’ memorial facilities;(3) Relevant materials for approving the construction of martyrs’ memorial facilities;(4) Plan of construction of martyr memorial facilities;(5) certificates of land use ownership (real estate ownership) and scope of protection;(6) photographs of the current situation of the main memorial facilities;(7) other materials to be provided.Article 11 Protection marks shall be set up on martyrs’ memorial facilities, which shall be set up by the competent departments of work for ex-servicemen of the people’s governments at or above the county level which have promulgated the protection grades thereof.The pattern of protection marks for martyrs’ memorial facilities shall be formulated uniformly by the department in charge of work for ex-servicemen under The State Council.Chapter III Planning and CONSTRUCTION Article 12 Martyr memorial facilities shall be incorporated into local plans for national economic and social development and other relevant plans, so as to give full play to the role of patriotism education bases and national defense education bases.Article 13 The protection units and management units of martyrs’ memorial facilities shall apply to the local real estate registration organs for real estate registration and confirm the ownership of the real estate of martyrs’ memorial facilities.Article 14 the martyr memorial facilities protection or management unit of the competent department shall, according to the category of the martyr memorial facilities, scale, level of protection as well as the surrounding environment, and so on and so forth, delimit the martyr memorial facilities protection scope of the scheme is put forward, the published after the approval of the people’s government at the same level, the level of people’s governments and the newspaper veterans work departments for the record.Article 15 The construction, relocation, renovation and expansion of martyrs’ memorial facilities shall be strictly controlled, and no construction shall be allowed without approval.In principle, the construction of memorial facilities for martyrs that reflect the same historical figure or event shall not be repeated.The construction, relocation, renovation and expansion of memorial facilities for martyrs involving major revolutionary historical themes, deceased leading comrades, deceased famous figures in the history of the Party, deceased prominent non-Party figures and deceased celebrities in modern times shall be reported level by level according to regulations and be implemented after approval by the CPC Central Committee and The State Council.If the above contents are not involved, the application shall be submitted by the competent department for ex-servicemen of the local people’s government at or above the county level, which shall examine and verify the protection level and report to the people’s government at the same level for approval before implementation.Article 16 A written application shall be submitted for the construction, relocation, renovation or expansion of martyrs’ memorial facilities. The application materials shall include the name of the project, reasons for construction, contents of construction, contents of exhibition, floor area, floor area, nature of land use, investment estimation, sources of funds and other contents, and relevant examination and approval procedures shall be handled in accordance with laws and regulations.If a martyr memorial facility is to be built, the declaration of protection level shall be submitted at the same time.Article 17 The names of martyrs’ memorial facilities shall be formulated in strict accordance with the standards for determining the names when verifying the protection levels.Where a name change is really necessary for local memorial facilities for martyrs at all levels, it shall be announced after approval by the competent department for ex-servicemen of the people’s government at the provincial level and reported to the competent department for ex-servicemen of the people’s government at the same level and the Competent department for ex-servicemen of The State Council for the record.If it is really necessary to change the name of a national memorial facility for martyrs, an application shall be submitted by the department in charge of work for ex-servicemen under the people’s government at the provincial level, which shall be approved by the department in charge of work for ex-servicemen under The State Council and be published and reported to The State Council for the record.Chapter IV Maintenance and UTILIZATION Article 18 The protection units and management units of martyrs’ Memorial Facilities shall ensure that the facilities and equipment are complete in appearance, the inscriptions and inscriptions are clear, and a solemn, solemn and clean environment and atmosphere shall be maintained, so as to provide a good place for the public to pay their respects and receive education.Article 19 Martyrs’ memorial facilities shall be open to the public free of charge.Article 20 Units protecting and managing martyrs’ memorial facilities shall, in accordance with the relevant regulations of the State, strengthen the protection and management of cultural relics and historical buildings in martyrs’ memorial facilities.For martyrs’ memorial facilities belonging to immovable cultural relics, the protection scope and construction control zone shall be delimit in accordance with laws and regulations on cultural relics protection, and relevant protection measures shall be taken in accordance with cultural relics protection standards;Special storerooms shall be set up for movable cultural relics, which shall be filed at different levels and kept properly.Article 21 The protection units and management units of martyrs’ memorial facilities shall carry out the work of collecting and sorting out historical materials of martyrs, compiling their deeds and displaying them, so as to excavate and study their deeds and spirits.Article 22 the martyr memorial facilities protection units and management units shall timely update the optimized ZhanChen, while maintaining the basic display is relatively stable under the premise of timely complement embodies the spirit and the new historical achievements ZhanChen content, the examination and approval can be a local change every five years, Chen once every 10 years for comprehensive exhibition Chen instead.An application shall be submitted by the competent departments for ex-servicemen of the people’s governments at or above the county level for the alteration of the local memorial facilities for martyrs. The outline and format of the alteration of the basic display shall be examined and approved by the competent departments for ex-servicemen of the people’s governments at or above the county level for the alteration of the protection level in consultation with relevant departments.The alteration of national memorial facilities for martyrs shall be submitted to the competent department of work for ex-servicemen under The State Council for examination and approval by the competent department of work for ex-servicemen under the people’s government at the provincial level.Article 23 The competent departments of affairs for ex-servicemen of the people’s governments at or above the county level shall, in conjunction with relevant departments, establish a research and examination system for commentaries so as to effectively deal with political and historical issues and enhance the accuracy, completeness and authority of explanations.Article 24 Units for the protection and management of martyrs’ memorial facilities shall assist and cooperate with state organs, public organizations, villages, communities, schools, enterprises and institutions and relevant units of the army in carrying out public offerings for martyrs’ Memorial Day and other commemorative activities, maintaining the order of activities and improving service levels.Article 25 The protection units and management units of martyrs’ memorial facilities shall provide convenience for the martyrs’ relatives and the public in their daily activities of memorial worship and veneration, innovate service methods, do a good job in safeguarding the work, and promote civilized, green and ecological memorial worship.Units for the protection and administration of martyrs’ memorial facilities shall cooperate with the departments in charge of affairs concerning ex-servicemen under the people’s governments at or above the county level that receive the sacrificial visits in places other than their own to properly arrange the sacrificial visits, and provide services and guarantees for relatives of martyrs who go to places for sacrificial visits by themselves according to relevant state regulations.Article 26 The competent departments of affairs for ex-servicemen of the people’s governments at or above the county level shall guide the units protecting and managing martyrs’ memorial facilities to give full play to the advantages of red resources, expand their publicity and education functions and expand their social influence.The protection units and management units of martyrs’ memorial facilities shall strengthen online publicity and education, provide online platforms for the public to conduct veneration and study and education by setting up websites and using new media platforms, so as to publicize the deeds of martyrs and carry forward their spirits.Chapter V Organization and Management Article 27 The protection units and management units of martyrs’ memorial facilities shall improve their service and management standards, improve their internal rules and regulations, and improve their management and service level.Article 28 The competent departments of affairs for ex-servicemen of the people’s governments at or above the county level shall strengthen supervision and assessment of the protection and administration of martyrs’ memorial facilities.The competent departments of work for ex-servicemen of the people’s governments at the provincial level shall, in conjunction with relevant departments, conduct an investigation and inspection of the martyrs’ memorial facilities in their localities once every four years and establish investigation files.The protection units or management units of martyrs’ memorial facilities that are not well protected, poorly managed or play an insufficient role shall be criticized by notice and rectification within a time limit;If the circumstances are serious, they shall be investigated for liability according to law and regulations.Article 29 The protection units and management units of martyrs’ memorial facilities shall set up posts in a scientific and reasonable way according to the needs of enterprise development and actual work, define post responsibilities, and regularly organize professional training and study exchanges.The protection units of martyrs’ memorial facilities shall be equipped with research librarians and martyrs’ interpreters, and pay attention to improving their professional quality. They may also organize personnel and institutions with relevant professional knowledge to provide research and explanation services by using volunteer forces and purchasing services.Article 30 Natural persons, legal persons and organizations without legal personality shall be encouraged to participate in the protection and management of martyrs’ memorial facilities by donating property.Natural persons, legal persons and non-legal organizations that donate property for the protection and management of martyr memorial facilities shall enjoy preferential tax treatment in accordance with the law.Veterans competent work department of the people’s government at or above the county level shall, in conjunction with the protection of cultural relics departments to guide the martyr memorial units and management units properly keep donations of revolutionary cultural relics, the article such as martyrs relics, establishing and perfecting the donates archives, to donate the units and individuals shall, in accordance with the relevant provisions of the state, give moral encouragement or material rewards.Article 31 The competent departments of work for ex-servicemen of the people’s governments at or above the county level may strengthen the protection and administration of martyrs’ memorial facilities by means of government purchase of services.Martyr memorial facilities protection units and management units can set up a volunteer service site, recruiting volunteers to carry out the volunteer service, encourages veterans, martyr’s family members, cadres, experts and scholars and young students to the martyr memorial facilities as a commentator, red XuanJiangYuan, civilization ushers, participate in facility protection, explain in detail to preach and order maintenance, etc.Chapter 6 responsibility article 32 martyr memorial facilities within the scope of protection of land and facilities are protected by law, no organization or individual shall be allowed in the martyr memorial facilities within the scope of protection has nothing to do with the memory of heroes or detrimental to honor heroes environment and atmosphere of the activity, may seize the martyr memorial facilities land and within the scope of protection facilities,The facilities commemorating martyrs shall not be damaged or defaced.Article 33 Any activity that impairs the environment and atmosphere of the commemoration of martyrs within the scope of protection of martyrs’ memorial facilities shall be dissuade in time by the protection unit and the management unit of martyrs’ memorial facilities;Those who do not listen to dissuasion shall be reprimanded, educated and ordered to make corrections by the competent departments for ex-servicemen of the people’s governments at or above the county level in conjunction with relevant departments according to their functions and duties.Article 34 the looting martyr memorial facilities protection within the scope of the land, facilities, damaged, defiled martyr memorial facilities, or in the martyr memorial facilities within the scope of protection as is not in conformity with the burial condition of staff to build a memorial facilities, or put ashes burial or body, by the local people’s governments at or above the county level veterans work departments shall be ordered to correct,To restore to its original condition;If losses are caused, civil liabilities shall be borne according to law.Article 35 Where the staff members of the units protecting martyrs’ memorial facilities and the units in charge of them and their competent departments commit any of the following acts, the competent departments of affairs for ex-servicemen of the people’s governments at higher levels shall criticize and educate the directly responsible persons and other competent personnel and order them to make corrections;(1) abusing power, neglecting duty or engaging in malpractices for personal gains, thus causing losses to martyrs’ memorial facilities and historical materials and relics;(2) embezzling or misappropriating funds for the protection and management of martyrs’ memorial facilities;(3) to build, relocate, renovate or expand martyrs’ memorial facilities without approval;(4) other acts in violation of relevant laws and regulations.Article 36 Anyone who violates the provisions of these Measures and constitutes an act violating the administration of public security shall be given a punishment for the administration of public security according to law.If the case constitutes a crime, criminal responsibility shall be investigated according to law.Chapter VII Supplementary Provisions Article 37 These Measures shall enter into force as of March 1, 2022.The author of this article: “Chinese ex-servicemen” public account text editor: Cao Fei photo source: Photo bug photo editor: Su Wei