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国家政策法规


中华人民共和国文物保护法

来源:  

 

  (2002年10月28日第九届全国人民代表大会常务委员会第三十次会议通过)

  目

  第一章

  第二章不可移动文物

  第三章考古发掘

  第四章馆藏文物

  第五章民间收藏文物

  第六章文物出境进境

  第七章法律责任

  第八章

  第一章

  第一条 为了加强对文物的保护,继承中华民族优秀的历史文化遗产,促进科学研究工作,进行爱国主义和革命传统教育,建设社会主义精神文明和物质文明,根据宪法,制定本法。

  第二条 在中华人民共和国境内,下列文物受国家保护:

  (一)具有历史、艺术、科学价值的古文化遗址、古墓葬、古建筑、石窟寺和石刻、壁画;

  (二)与重大历史事件、革命运动或者著名人物有关的以及具有重要纪念意义、教育意义或者史料价值的近代现代重要史迹、实物、代表性建筑;

  (三)历史上各时代珍贵的艺术品、工艺美术品;

  (四)历史上各时代重要的文献资料以及具有历史、艺术、科学价值的手稿和图书资料等;

  (五)反映历史上各时代、各民族社会制度、社会生产、社会生活的代表性实物。

  文物认定的标准和办法由国务院文物行政部门制定,并报国务院批准。

  具有科学价值的古脊椎动物化石和古人类化石同文物一样受国家保护。

  第三条 古文化遗址、古墓葬、古建筑、石窟寺、石刻、壁画、近代现代重要史迹和代表性建筑等不可移动文物,根据它们的历史、艺术、科学价值,可以分别确定为全国重点文物保护单位,省级文物保护单位,市、县级文物保护单位。

  历史上各时代重要实物、艺术品、文献、手稿、图书资料、代表性实物等可移动文物,分为珍贵文物和一般文物;珍贵文物分为一级文物、二级文物、三级文物。

  第四条 文物工作贯彻保护为主、抢救第一、合理利用、加强管理的方针。

  第五条 中华人民共和国境内地下、内水和领海中遗存的一切文物,属于国家所有。

  古文化遗址、古墓葬、石窟寺属于国家所有。国家指定保护的纪念建筑物、古建筑、石刻、壁画、近代现代代表性建筑等不可移动文物,除国家另有规定的以外,属于国家所有。

  国有不可移动文物的所有权不因其所依附的土地所有权或者使用权的改变而改变。

  下列可移动文物,属于国家所有:

  (一)中国境内出土的文物,国家另有规定的除外;

  (二)国有文物收藏单位以及其他国家机关、部队和国有企业、事业组织等收藏、保管的文物;

  (三)国家征集、购买的文物;

  (四)公民、法人和其他组织捐赠给国家的文物;

  (五)法律规定属于国家所有的其他文物。

  属于国家所有的可移动文物的所有权不因其保管、收藏单位的终止或者变更而改变。

  国有文物所有权受法律保护,不容侵犯。

  第六条 属于集体所有和私人所有的纪念建筑物、古建筑和祖传文物以及依法取得的其他文物,其所有权受法律保护。文物的所有者必须遵守国家有关文物保护的法律、法规的规定。

  第七条 一切机关、组织和个人都有依法保护文物的义务。

  第八条 国务院文物行政部门主管全国文物保护工作。

  地方各级人民政府负责本行政区域内的文物保护工作。县级以上地方人民政府承担文物保护工作的部门对本行政区域内的文物保护实施监督管理。

  县级以上人民政府有关行政部门在各自的职责范围内,负责有关的文物保护工作。

  第九条 各级人民政府应当重视文物保护,正确处理经济建设、社会发展与文物保护的关系,确保文物安全。

  基本建设、旅游发展必须遵守文物保护工作的方针,其活动不得对文物造成损害。

  公安机关、工商行政管理部门、海关、城乡建设规划部门和其他有关国家机关,应当依法认真履行所承担的保护文物的职责,维护文物管理秩序。

  第十条 国家发展文物保护事业。县级以上人民政府应当将文物保护事业纳入本级国民经济和社会发展规划,所需经费列入本级财政预算。

  国家用于文物保护的财政拨款随着财政收入增长而增加。

  国有博物馆、纪念馆、文物保护单位等的事业性收入,专门用于文物保护,任何单位或者个人不得侵占、挪用。

  国家鼓励通过捐赠等方式设立文物保护社会基金,专门用于文物保护,任何单位或者个人不得侵占、挪用。

  第十一条 文物是不可再生的文化资源。国家加强文物保护的宣传教育,增强全民文物保护的意识,鼓励文物保护的科学研究,提高文物保护的科学技术水平。

  第十二条 有下列事迹的单位或者个人,由国家给予精神鼓励或者物质奖励:

  (一)认真执行文物保护法律、法规,保护文物成绩显著的;

  (二)为保护文物与违法犯罪行为作坚决斗争的;

  (三)将个人收藏的重要文物捐献给国家或者为文物保护事业作出捐赠的;

  (四)发现文物及时上报或者上交,使文物得到保护的;

  (五)在考古发掘工作中作出重大贡献的;

  (六)在文物保护科学技术方面有重要发明创造或者其他重要贡献的;

  (七)在文物面临破坏危险时,抢救文物有功的;

  (八)长期从事文物工作,作出显著成绩的。

  第二章不可移动文物

  第十三条 国务院文物行政部门在省级、市、县级文物保护单位中,选择具有重大历史、艺术、科学价值的确定为全国重点文物保护单位,或者直接确定为全国重点文物保护单位,报国务院核定公布。

  省级文物保护单位,由省、自治区、直辖市人民政府核定公布,并报国务院备案。

  市级和县级文物保护单位,分别由设区的市、自治州和县级人民政府核定公布,并报省、自治区、直辖市人民政府备案。

  尚未核定公布为文物保护单位的不可移动文物,由县级人民政府文物行政部门予以登记并公布。

  第十四条 保存文物特别丰富并且具有重大历史价值或者革命纪念意义的城市,由国务院核定公布为历史文化名城。

  保存文物特别丰富并且具有重大历史价值或者革命纪念意义的城镇、街道、村庄,由省、自治区、直辖市人民政府核定公布为历史文化街区、村镇,并报国务院备案。

  历史文化名城和历史文化街区、村镇所在地的县级以上地方人民政府应当组织编制专门的历史文化名城和历史文化街区、村镇保护规划,并纳入城市总体规划。

  历史文化名城和历史文化街区、村镇的保护办法,由国务院制定。

  第十五条 各级文物保护单位,分别由省、自治区、直辖市人民政府和市、县级人民政府划定必要的保护范围,作出标志说明,建立记录档案,并区别情况分别设置专门机构或者专人负责管理。全国重点文物保护单位的保护范围和记录档案,由省、自治区、直辖市人民政府文物行政部门报国务院文物行政部门备案。

  县级以上地方人民政府文物行政部门应当根据不同文物的保护需要,制定文物保护单位和未核定为文物保护单位的不可移动文物的具体保护措施,并公告施行。

  第十六条 各级人民政府制定城乡建设规划,应当根据文物保护的需要,事先由城乡建设规划部门会同文物行政部门商定对本行政区域内各级文物保护单位的保护措施,并纳入规划。

  第十七条 文物保护单位的保护范围内不得进行其他建设工程或者爆破、钻探、挖掘等作业。但是,因特殊情况需要在文物保护单位的保护范围内进行其他建设工程或者爆破、钻探、挖掘等作业的,必须保证文物保护单位的安全,并经核定公布该文物保护单位的人民政府批准,在批准前应当征得上一级人民政府文物行政部门同意;在全国重点文物保护单位的保护范围内进行其他建设工程或者爆破、钻探、挖掘等作业的,必须经省、自治区、直辖市人民政府批准,在批准前应当征得国务院文物行政部门同意。

  第十八条 根据保护文物的实际需要,经省、自治区、直辖市人民政府批准,可以在文物保护单位的周围划出一定的建设控制地带,并予以公布。

  在文物保护单位的建设控制地带内进行建设工程,不得破坏文物保护单位的历史风貌;工程设计方案应当根据文物保护单位的级别,经相应的文物行政部门同意后,报城乡建设规划部门批准。

  第十九条 在文物保护单位的保护范围和建设控制地带内,不得建设污染文物保护单位及其环境的设施,不得进行可能影响文物保护单位安全及其环境的活动。对已有的污染文物保护单位及其环境的设施,应当限期治理。

  第二十条 建设工程选址,应当尽可能避开不可移动文物;因特殊情况不能避开的,对文物保护单位应当尽可能实施原址保护。

  实施原址保护的,建设单位应当事先确定保护措施,根据文物保护单位的级别报相应的文物行政部门批准,并将保护措施列入可行性研究报告或者设计任务书。

  无法实施原址保护,必须迁移异地保护或者拆除的,应当报省、自治区、直辖市人民政府批准;迁移或者拆除省级文物保护单位的,批准前须征得国务院文物行政部门同意。全国重点文物保护单位不得拆除;需要迁移的,须由省、自治区、直辖市人民政府报国务院批准。

  依照前款规定拆除的国有不可移动文物中具有收藏价值的壁画、雕塑、建筑构件等,由文物行政部门指定的文物收藏单位收藏。

  本条规定的原址保护、迁移、拆除所需费用,由建设单位列入建设工程预算。

  第二十一条 国有不可移动文物由使用人负责修缮、保养;非国有不可移动文物由所有人负责修缮、保养。非国有不可移动文物有损毁危险,所有人不具备修缮能力的,当地人民政府应当给予帮助;所有人具备修缮能力而拒不依法履行修缮义务的,县级以上人民政府可以给予抢救修缮,所需费用由所有人负担。

  对文物保护单位进行修缮,应当根据文物保护单位的级别报相应的文物行政部门批准;对未核定为文物保护单位的不可移动文物进行修缮,应当报登记的县级人民政府文物行政部门批准。

  文物保护单位的修缮、迁移、重建,由取得文物保护工程资质证书的单位承担。

  对不可移动文物进行修缮、保养、迁移,必须遵守不改变文物原状的原则。

  第二十二条 不可移动文物已经全部毁坏的,应当实施遗址保护,不得在原址重建。但是,因特殊情况需要在原址重建的,由省、自治区、直辖市人民政府文物行政部门征得国务院文物行政部门同意后,报省、自治区、直辖市人民政府批准;全国重点文物保护单位需要在原址重建的,由省、自治区、直辖市人民政府报国务院批准。

  第二十三条 核定为文物保护单位的属于国家所有的纪念建筑物或者古建筑,除可以建立博物馆、保管所或者辟为参观游览场所外,如果必须作其他用途的,应当经核定公布该文物保护单位的人民政府文物行政部门征得上一级文物行政部门同意后,报核定公布该文物保护单位的人民政府批准;全国重点文物保护单位作其他用途的,应当由省、自治区、直辖市人民政府报国务院批准。国有未核定为文物保护单位的不可移动文物作其他用途的,应当报告县级人民政府文物行政部门。

  第二十四条 国有不可移动文物不得转让、抵押。建立博物馆、保管所或者辟为参观游览场所的国有文物保护单位,不得作为企业资产经营。

  第二十五条 非国有不可移动文物不得转让、抵押给外国人。

  非国有不可移动文物转让、抵押或者改变用途的,应当根据其级别报相应的文物行政部门备案;由当地人民政府出资帮助修缮的,应当报相应的文物行政部门批准。

  第二十六条 使用不可移动文物,必须遵守不改变文物原状的原则,负责保护建筑物及其附属文物的安全,不得损毁、改建、添建或者拆除不可移动文物。

  对危害文物保护单位安全、破坏文物保护单位历史风貌的建筑物、构筑物,当地人民政府应当及时调查处理,必要时,对该建筑物、构筑物予以拆迁。

  第三章考古发掘

  第二十七条 一切考古发掘工作,必须履行报批手续;从事考古发掘的单位,应当经国务院文物行政部门批准。

  地下埋藏的文物,任何单位或者个人都不得私自发掘。

  第二十八条 从事考古发掘的单位,为了科学研究进行考古发掘,应当提出发掘计划,报国务院文物行政部门批准;对全国重点文物保护单位的考古发掘计划,应当经国务院文物行政部门审核后报国务院批准。国务院文物行政部门在批准或者审核前,应当征求社会科学研究机构及其他科研机构和有关专家的意见。

  第二十九条 进行大型基本建设工程,建设单位应当事先报请省、自治区、直辖市人民政府文物行政部门组织从事考古发掘的单位在工程范围内有可能埋藏文物的地方进行考古调查、勘探。

  考古调查、勘探中发现文物的,由省、自治区、直辖市人民政府文物行政部门根据文物保护的要求会同建设单位共同商定保护措施;遇有重要发现的,由省、自治区、直辖市人民政府文物行政部门及时报国务院文物行政部门处理。

  第三十条 需要配合建设工程进行的考古发掘工作,应当由省、自治区、直辖市文物行政部门在勘探工作的基础上提出发掘计划,报国务院文物行政部门批准。国务院文物行政部门在批准前,应当征求社会科学研究机构及其他科研机构和有关专家的意见。

  确因建设工期紧迫或者有自然破坏危险,对古文化遗址、古墓葬急需进行抢救发掘的,由省、自治区、直辖市人民政府文物行政部门组织发掘,并同时补办审批手续。

  第三十一条 凡因进行基本建设和生产建设需要的考古调查、勘探、发掘,所需费用由建设单位列入建设工程预算。

  第三十二条 在进行建设工程或者在农业生产中,任何单位或者个人发现文物,应当保护现场,立即报告当地文物行政部门,文物行政部门接到报告后,如无特殊情况,应当在二十四小时内赶赴现场,并在七日内提出处理意见。文物行政部门可以报请当地人民政府通知公安机关协助保护现场;发现重要文物的,应当立即上报国务院文物行政部门,国务院文物行政部门应当在接到报告后十五日内提出处理意见。

  依照前款规定发现的文物属于国家所有,任何单位或者个人不得哄抢、私分、藏匿。

  第三十三条 非经国务院文物行政部门报国务院特别许可,任何外国人或者外国团体不得在中华人民共和国境内进行考古调查、勘探、发掘。

  第三十四条 考古调查、勘探、发掘的结果,应当报告国务院文物行政部门和省、自治区、直辖市人民政府文物行政部门。

  考古发掘的文物,应当登记造册,妥善保管,按照国家有关规定移交给由省、自治区、直辖市人民政府文物行政部门或者国务院文物行政部门指定的国有博物馆、图书馆或者其他国有收藏文物的单位收藏。经省、自治区、直辖市人民政府文物行政部门或者国务院文物行政部门批准,从事考古发掘的单位可以保留少量出土文物作为科研标本。

  考古发掘的文物,任何单位或者个人不得侵占。

  第三十五条 根据保证文物安全、进行科学研究和充分发挥文物作用的需要,省、自治区、直辖市人民政府文物行政部门经本级人民政府批准,可以调用本行政区域内的出土文物;国务院文物行政部门经国务院批准,可以调用全国的重要出土文物。  

  第四章馆藏文物

  第三十六条 博物馆、图书馆和其他文物收藏单位对收藏的文物,必须区分文物等级,设置藏品档案,建立严格的管理制度,并报主管的文物行政部门备案。

  县级以上地方人民政府文物行政部门应当分别建立本行政区域内的馆藏文物档案;国务院文物行政部门应当建立国家一级文物藏品档案和其主管的国有文物收藏单位馆藏文物档案。

  第三十七条 文物收藏单位可以通过下列方式取得文物:

  (一)购买;

  (二)接受捐赠;

  (三)依法交换;

  (四)法律、行政法规规定的其他方式。

  国有文物收藏单位还可以通过文物行政部门指定保管或者调拨方式取得文物。

  第三十八条 文物收藏单位应当根据馆藏文物的保护需要,按照国家有关规定建立、健全管理制度,并报主管的文物行政部门备案。未经批准,任何单位或者个人不得调取馆藏文物。

  文物收藏单位的法定代表人对馆藏文物的安全负责。国有文物收藏单位的法定代表人离任时,应当按照馆藏文物档案办理馆藏文物移交手续。

  第三十九条 国务院文物行政部门可以调拨全国的国有馆藏文物。省、自治区、直辖市人民政府文物行政部门可以调拨本行政区域内其主管的国有文物收藏单位馆藏文物;调拨国有馆藏一级文物,应当报国务院文物行政部门备案。

  国有文物收藏单位可以申请调拨国有馆藏文物。

  第四十条 文物收藏单位应当充分发挥馆藏文物的作用,通过举办展览、科学研究等活动,加强对中华民族优秀的历史文化和革命传统的宣传教育。

  国有文物收藏单位之间因举办展览、科学研究等需借用馆藏文物的,应当报主管的文物行政部门备案;借用馆藏一级文物,应当经国务院文物行政部门批准。

  非国有文物收藏单位和其他单位举办展览需借用国有馆藏文物的,应当报主管的文物行政部门批准;借用国有馆藏一级文物,应当经国务院文物行政部门批准。

  文物收藏单位之间借用文物的最长期限不得超过三年。

  第四十一条 已经建立馆藏文物档案的国有文物收藏单位,经省、自治区、直辖市人民政府文物行政部门批准,并报国务院文物行政部门备案,其馆藏文物可以在国有文物收藏单位之间交换;交换馆藏一级文物的,必须经国务院文物行政部门批准。

  第四十二条 未建立馆藏文物档案的国有文物收藏单位,不得依照本法第四十条、第四十一条的规定处置其馆藏文物。

  第四十三条 依法调拨、交换、借用国有馆藏文物,取得文物的文物收藏单位可以对提供文物的文物收藏单位给予合理补偿,具体管理办法由国务院文物行政部门制定。

  国有文物收藏单位调拨、交换、出借文物所得的补偿费用,必须用于改善文物的收藏条件和收集新的文物,不得挪作他用;任何单位或者个人不得侵占。

  调拨、交换、借用的文物必须严格保管,不得丢失、损毁。

  第四十四条 禁止国有文物收藏单位将馆藏文物赠与、出租或者出售给其他单位、个人。

  第四十五条 国有文物收藏单位不再收藏的文物的处置办法,由国务院另行制定。

  第四十六条 修复馆藏文物,不得改变馆藏文物的原状;复制、拍摄、拓印馆藏文物,不得对馆藏文物造成损害。具体管理办法由国务院制定。

  不可移动文物的单体文物的修复、复制、拍摄、拓印,适用前款规定。

  第四十七条 博物馆、图书馆和其他收藏文物的单位应当按照国家有关规定配备防火、防盗、防自然损坏的设施,确保馆藏文物的安全。

  第四十八条 馆藏一级文物损毁的,应当报国务院文物行政部门核查处理。其他馆藏文物损毁的,应当报省、自治区、直辖市人民政府文物行政部门核查处理;省、自治区、直辖市人民政府文物行政部门应当将核查处理结果报国务院文物行政部门备案。

  馆藏文物被盗、被抢或者丢失的,文物收藏单位应当立即向公安机关报案,并同时向主管的文物行政部门报告。

  第四十九条 文物行政部门和国有文物收藏单位的工作人员不得借用国有文物,不得非法侵占国有文物。

  第五章民间收藏文物

  第五十条 文物收藏单位以外的公民、法人和其他组织可以收藏通过下列方式取得的文物:

  (一)依法继承或者接受赠与;

  (二)从文物商店购买;

  (三)从经营文物拍卖的拍卖企业购买;

  (四)公民个人合法所有的文物相互交换或者依法转让;

  (五)国家规定的其他合法方式。

  文物收藏单位以外的公民、法人和其他组织收藏的前款文物可以依法流通。

  第五十一条 公民、法人和其他组织不得买卖下列文物:

  (一)国有文物,但是国家允许的除外;

  (二)非国有馆藏珍贵文物;

  (三)国有不可移动文物中的壁画、雕塑、建筑构件等,但是依法拆除的国有不可移动文物中的壁画、雕塑、建筑构件等不属于本法第二十条第四款规定的应由文物收藏单位收藏的除外;

  (四)来源不符合本法第五十条规定的文物。

  第五十二条 国家鼓励文物收藏单位以外的公民、法人和其他组织将其收藏的文物捐赠给国有文物收藏单位或者出借给文物收藏单位展览和研究。

  国有文物收藏单位应当尊重并按照捐赠人的意愿,对捐赠的文物妥善收藏、保管和展示。

  国家禁止出境的文物,不得转让、出租、质押给外国人。

  第五十三条 文物商店应当由国务院文物行政部门或者省、自治区、直辖市人民政府文物行政部门批准设立,依法进行管理。

  文物商店不得从事文物拍卖经营活动,不得设立经营文物拍卖的拍卖企业。

  第五十四条 依法设立的拍卖企业经营文物拍卖的,应当取得国务院文物行政部门颁发的文物拍卖许可证。

  经营文物拍卖的拍卖企业不得从事文物购销经营活动,不得设立文物商店。

  第五十五条 文物行政部门的工作人员不得举办或者参与举办文物商店或者经营文物拍卖的拍卖企业。

  文物收藏单位不得举办或者参与举办文物商店或者经营文物拍卖的拍卖企业。

  禁止设立中外合资、中外合作和外商独资的文物商店或者经营文物拍卖的拍卖企业。

  除经批准的文物商店、经营文物拍卖的拍卖企业外,其他单位或者个人不得从事文物的商业经营活动。

  第五十六条 文物商店销售的文物,在销售前应当经省、自治区、直辖市人民政府文物行政部门审核;对允许销售的,省、自治区、直辖市人民政府文物行政部门应当作出标识。

  拍卖企业拍卖的文物,在拍卖前应当经省、自治区、直辖市人民政府文物行政部门审核,并报国务院文物行政部门备案;省、自治区、直辖市人民政府文物行政部门不能确定是否可以拍卖的,应当报国务院文物行政部门审核。

  第五十七条 文物商店购买、销售文物,拍卖企业拍卖文物,应当按照国家有关规定作出记录,并报原审核的文物行政部门备案。

  拍卖文物时,委托人、买受人要求对其身份保密的,文物行政部门应当为其保密;但是,法律、行政法规另有规定的除外。

  第五十八条 文物行政部门在审核拟拍卖的文物时,可以指定国有文物收藏单位优先购买其中的珍贵文物。购买价格由文物收藏单位的代表与文物的委托人协商确定。

  第五十九条 银行、冶炼厂、造纸厂以及废旧物资回收单位,应当与当地文物行政部门共同负责拣选掺杂在金银器和废旧物资中的文物。拣选文物除供银行研究所必需的历史货币可以由人民银行留用外,应当移交当地文物行政部门。移交拣选文物,应当给予合理补偿。  

  第六章文物出境进境

  第六十条 国有文物、非国有文物中的珍贵文物和国家规定禁止出境的其他文物,不得出境;但是依照本法规定出境展览或者因特殊需要经国务院批准出境的除外。

  第六十一条 文物出境,应当经国务院文物行政部门指定的文物进出境审核机构审核。经审核允许出境的文物,由国务院文物行政部门发给文物出境许可证,从国务院文物行政部门指定的口岸出境。

  任何单位或者个人运送、邮寄、携带文物出境,应当向海关申报;海关凭文物出境许可证放行。

  第六十二条 文物出境展览,应当报国务院文物行政部门批准;一级文物超过国务院规定数量的,应当报国务院批准。

  一级文物中的孤品和易损品,禁止出境展览。

  出境展览的文物出境,由文物进出境审核机构审核、登记。海关凭国务院文物行政部门或者国务院的批准文件放行。出境展览的文物复进境,由原文物进出境审核机构审核查验。

  第六十三条 文物临时进境,应当向海关申报,并报文物进出境审核机构审核、登记。

  临时进境的文物复出境,必须经原审核、登记的文物进出境审核机构审核查验;经审核查验无误的,由国务院文物行政部门发给文物出境许可证,海关凭文物出境许可证放行。

      第七章法律责任

  第六十四条 违反本法规定,有下列行为之一,构成犯罪的,依法追究刑事责任:

  (一)盗掘古文化遗址、古墓葬的;

  (二)故意或者过失损毁国家保护的珍贵文物的;

  (三)擅自将国有馆藏文物出售或者私自送给非国有单位或者个人的;

  (四)将国家禁止出境的珍贵文物私自出售或者送给外国人的;

  (五)以牟利为目的倒卖国家禁止经营的文物的;

  (六)走私文物的;

  (七)盗窃、哄抢、私分或者非法侵占国有文物的;

  (八)应当追究刑事责任的其他妨害文物管理行为。

  第六十五条 违反本法规定,造成文物灭失、损毁的,依法承担民事责任。

  违反本法规定,构成违反治安管理行为的,由公安机关依法给予治安管理处罚。

  违反本法规定,构成走私行为,尚不构成犯罪的,由海关依照有关法律、行政法规的规定给予处罚。

  第六十六条 有下列行为之一,尚不构成犯罪的,由县级以上人民政府文物主管部门责令改正,造成严重后果的,处五万元以上五十万元以下的罚款;情节严重的,由原发证机关吊销资质证书:

  (一)擅自在文物保护单位的保护范围内进行建设工程或者爆破、钻探、挖掘等作业的;

  (二)在文物保护单位的建设控制地带内进行建设工程,其工程设计方案未经文物行政部门同意、报城乡建设规划部门批准,对文物保护单位的历史风貌造成破坏的;

  (三)擅自迁移、拆除不可移动文物的;

  (四)擅自修缮不可移动文物,明显改变文物原状的;

  (五)擅自在原址重建已全部毁坏的不可移动文物,造成文物破坏的;

  (六)施工单位未取得文物保护工程资质证书,擅自从事文物修缮、迁移、重建的。

  刻划、涂污或者损坏文物尚不严重的,或者损毁依照本法第十五条第一款规定设立的文物保护单位标志的,由公安机关或者文物所在单位给予警告,可以并处罚款。

  第六十七条 在文物保护单位的保护范围内或者建设控制地带内建设污染文物保护单位及其环境的设施的,或者对已有的污染文物保护单位及其环境的设施未在规定的期限内完成治理的,由环境保护行政部门依照有关法律、法规的规定给予处罚。

  第六十八条 有下列行为之一的,由县级以上人民政府文物主管部门责令改正,没收违法所得,违法所得一万元以上的,并处违法所得二倍以上五倍以下的罚款;违法所得不足一万元的,并处五千元以上二万元以下的罚款:

  (一)转让或者抵押国有不可移动文物,或者将国有不可移动文物作为企业资产经营的;

  (二)将非国有不可移动文物转让或者抵押给外国人的;

  (三)擅自改变国有文物保护单位的用途的。

  第六十九条 历史文化名城的布局、环境、历史风貌等遭到严重破坏的,由国务院撤销其历史文化名城称号;历史文化城镇、街道、村庄的布局、环境、历史风貌等遭到严重破坏的,由省、自治区、直辖市人民政府撤销其历史文化街区、村镇称号;对负有责任的主管人员和其他直接责任人员依法给予行政处分。

  第七十条 有下列行为之一,尚不构成犯罪的,由县级以上人民政府文物主管部门责令改正,可以并处二万元以下的罚款,有违法所得的,没收违法所得:

  (一)文物收藏单位未按照国家有关规定配备防火、防盗、防自然损坏的设施的;

  (二)国有文物收藏单位法定代表人离任时未按照馆藏文物档案移交馆藏文物,或者所移交的馆藏文物与馆藏文物档案不符的;

  (三)将国有馆藏文物赠与、出租或者出售给其他单位、个人的;

  (四)违反本法第四十条、第四十一条、第四十五条规定处置国有馆藏文物的;

  (五)违反本法第四十三条规定挪用或者侵占依法调拨、交换、出借文物所得补偿费用的。

  第七十一条 买卖国家禁止买卖的文物或者将禁止出境的文物转让、出租、质押给外国人,尚不构成犯罪的,由县级以上人民政府文物主管部门责令改正,没收违法所得,违法经营额一万元以上的,并处违法经营额二倍以上五倍以下的罚款;违法经营额不足一万元的,并处五千元以上二万元以下的罚款。

  第七十二条 未经许可,擅自设立文物商店、经营文物拍卖的拍卖企业,或者擅自从事文物的商业经营活动,尚不构成犯罪的,由工商行政管理部门依法予以制止,没收违法所得、非法经营的文物,违法经营额五万元以上的,并处违法经营额二倍以上五倍以下的罚款;违法经营额不足五万元的,并处二万元以上十万元以下的罚款。

  第七十三条 有下列情形之一的,由工商行政管理部门没收违法所得、非法经营的文物,违法经营额五万元以上的,并处违法经营额一倍以上三倍以下的罚款;违法经营额不足五万元的,并处五千元以上五万元以下的罚款;情节严重的,由原发证机关吊销许可证书:

  (一)文物商店从事文物拍卖经营活动的;

  (二)经营文物拍卖的拍卖企业从事文物购销经营活动的;

  (三)文物商店销售的文物、拍卖企业拍卖的文物,未经审核的;

  (四)文物收藏单位从事文物的商业经营活动的。

  第七十四条 有下列行为之一,尚不构成犯罪的,由县级以上人民政府文物主管部门会同公安机关追缴文物;情节严重的,处五千元以上五万元以下的罚款:

  (一)发现文物隐匿不报或者拒不上交的;

  (二)未按照规定移交拣选文物的。

  第七十五条 有下列行为之一的,由县级以上人民政府文物主管部门责令改正:

  (一)改变国有未核定为文物保护单位的不可移动文物的用途,未依照本法规定报告的;

  (二)转让、抵押非国有不可移动文物或者改变其用途,未依照本法规定备案的;

  (三)国有不可移动文物的使用人拒不依法履行修缮义务的;

  (四)考古发掘单位未经批准擅自进行考古发掘,或者不如实报告考古发掘结果的;

  (五)文物收藏单位未按照国家有关规定建立馆藏文物档案、管理制度,或者未将馆藏文物档案、管理制度备案的;

  (六)违反本法第三十八条规定,未经批准擅自调取馆藏文物的;

  (七)馆藏文物损毁未报文物行政部门核查处理,或者馆藏文物被盗、被抢或者丢失,文物收藏单位未及时向公安机关或者文物行政部门报告的;

  (八)文物商店销售文物或者拍卖企业拍卖文物,未按照国家有关规定作出记录或者未将所作记录报文物行政部门备案的。

  第七十六条 文物行政部门、文物收藏单位、文物商店、经营文物拍卖的拍卖企业的工作人员,有下列行为之一的,依法给予行政处分,情节严重的,依法开除公职或者吊销其从业资格;构成犯罪的,依法追究刑事责任:

  (一)文物行政部门的工作人员违反本法规定,滥用审批权限、不履行职责或者发现违法行为不予查处,造成严重后果的;

  (二)文物行政部门和国有文物收藏单位的工作人员借用或者非法侵占国有文物的;

  (三)文物行政部门的工作人员举办或者参与举办文物商店或者经营文物拍卖的拍卖企业的;

  (四)因不负责任造成文物保护单位、珍贵文物损毁或者流失的;

  (五)贪污、挪用文物保护经费的。

  前款被开除公职或者被吊销从业资格的人员,自被开除公职或者被吊销从业资格之日起十年内不得担任文物管理人员或者从事文物经营活动。

  第七十七条 有本法第六十六条、第六十八条、第七十条、第七十一条、第七十四条、第七十五条规定所列行为之一的,负有责任的主管人员和其他直接责任人员是国家工作人员的,依法给予行政处分。

  第七十八条 公安机关、工商行政管理部门、海关、城乡建设规划部门和其他国家机关,违反本法规定滥用职权、玩忽职守、徇私舞弊,造成国家保护的珍贵文物损毁或者流失的,对负有责任的主管人员和其他直接责任人员依法给予行政处分;构成犯罪的,依法追究刑事责任。

  第七十九条 人民法院、人民检察院、公安机关、海关和工商行政管理部门依法没收的文物应当登记造册,妥善保管,结案后无偿移交文物行政部门,由文物行政部门指定的国有文物收藏单位收藏。  

  第八章

  第八十条 本法自公布之日起施行。

 

 

 

中华人民共和国文物保护法(英文版) 
 

 

 

发文单位:全国人民代表大会常务委员会
发文时间:2002-10-28
生效日期:2002-10-28


(Adopted at the 25th Meeting of the Standing Committee of the Fifth National Peoples Congress on November 19,1982,revised in accordance with the Decision of the Standing Committee of the National Peoples Congress Regarding the Revision of Article 30 and Article 31 of the Law of the Peoples Republic of China on Protection of Cultural Relics at the 20th Meeting of the Standing Committee of the Seventh National Peoples Congress on June 29,1991, and revised again at the 30th Meeting of the Standing Committee of the Ninth National Peoples Congress on October 28,2002)
   Contents
   Chapter Ⅰ  General Provisions
   Chapter Ⅱ  Immovable Cultural Relics
   Chapter Ⅲ  Archaeological Excavations
   Chapter Ⅳ  Cultural Relics in the Collection of
           Cultural Institutions
   Chapter Ⅴ  Cultural Relics in Peoples Collection
   Chapter Ⅵ  Taking or Bringing Cultural Relics out of
           or into China
   Chapter Ⅶ  Legal Liabilities
   Chapter Ⅷ  Supplementary Provisions


  

Chapter I
General Provisions

  Article 1   This Law is enacted in accordance with the Constitution, with a view to strengthening the protection of cultural relics, inheriting the splendid historical and cultural legacy of the Chinese nation,promoting scientific research,conducting education in patriotism and in the revolutionary tradition, and building a socialist society with cultural, ideological and material progress.
  Article 2   The State places under its protection the following cultural relics within the boundaries of the Peoples Republic of China:
  (1)sites of ancient culture, ancient tombs, ancient architectural structures, cave temples, stone carvings and murals that are of historical, artistic or scientific value;
  (2)important modern and contemporary historic sites, material objects and typical buildings that are related to major historical events, revolutionary movements or famous personalities and that are highly memorable or are of great significance for education or for the preservation of historical data;
  (3)valuable works of art and handicraft articles dating from various historical periods;
  (4)important documents dating from various historical periods, and manuscripts, books and materials, etc.that are of historical, artistic or scientific value; and
  (5)typical material objects reflecting the social system, social production or the life of various nationalities in different historical periods.
  The criteria and measures for the verification of cultural relics shall be formulated by the administrative department for cultural relics under the State Council and submitted to the State Council for approval.
  Fossils of paleovertebrates and paleoanthropoids of scientific value shall be protected by the State in the same way as cultural relics.
  Article 3   Immovable cultural relics, such as sites of ancient culture, ancient tombs,ancient architectural structures, cave temples, stone carvings and murals as well as important modern and contemporary historic sites and typical buildings, may, depending on their historical, artistic and scientific value, be designated respectively as major sites to be protected for their historical and cultural value at the national level, sites to be protected for their historical and cultural value at the provincial level, and sites to be protected for their historical and cultural value at the city or county level.
  Movable cultural relics, such as important material objects, works of art, documents, manuscripts, books, materials, and typical material objects dating from various historical periods, shall be divided into valuable cultural relics and ordinary cultural relics; and the valuable cultural relics shall be subdivided into grade-one cultural relics, grade-two cultural relics and grade-three cultural relics.
  Article 4   In the work concerning cultural relics,the principle of giving priority to the protection of cultural relics, attaching primary importance to their rescue, making rational use of them and tightening control over them shall be carried out.
  Article 5   All cultural relics remaining underground or in the inland waters or territorial seas within the boundaries of the Peoples Republic of China are owned by the State.
  Sites of ancient culture, ancient tombs and cave temples are owned by the State. Such immovable cultural relics as memorial buildings, ancient architectural structures, stone carvings, murals and typical architectural structures of the modern and contemporary times, designated for protection by the State, except where otherwise provided for by regulations of the State, are owned by the State.
  The ownership of State-owned immovable cultural relics shall remain unchanged when ownership or the right to use of the land to which such relics are attached changes.
  The following movable, cultural relics are owned by the State:
  (1)cultural relics unearthed within the territories of the Peoples Republic of China, except where otherwise provided for by regulations of the State;
  (2)cultural relics collected and preserved by institutions for the collection of State-owned cultural relics and by other State organs, armed forces, State-owned enterprises,public institutions, etc.;
  (3)cultural relics collected and purchased by the State;
  (4)cultural relics donated to the State by citizens, legal persons and other organizations; and
  (5)other cultural relics owned by the State as provided for by laws.
  Ownership of movable cultural relics owned by the State shall remain unchanged when institutions for their preservation or collection cease to exist or are replaced.
  Ownership of the State-owned cultural relics shall be protected by laws and shall brook no infringement.
  Article 6   Ownership of memorial buildings, ancient architectural structures, cultural relics handed down from ancestors and other cultural relics obtained in accordance with laws, which belong to collectives or individuals, shall be protected by laws. Owners of the cultural relics shall abide by State laws and regulations on the protection of cultural relics.
  Article 7   All government department, public organizations and individuals shall have the obligation to protect the cultural relics in accordance with laws.
  Article 8   The administrative department for cultural relics under the State Council shall take charge of the work concerning the protection of cultural relics throughout the country.
  Local peoples governments at various levels shall take charge of the work concerning the protection of cultural relics within their own administrative areas. Departments in charge of the work concerning the protection of cultural relics under local peoples governments at or above the county level shall exercise supervision and control over the protection of cultural relics within their own administrative areas.
  The relevant administrative departments under peoples governments at or above the county level shall, within the scope of their own functions and duties, take charge of the work concerning the protection of cultural relics.
  Article 9   Peoples governments at various levels shall attach importance to the protection of cultural relics and correctly handle the relations between economic and social development and the protection of cultural relics so as to ensure safety of the cultural relics.
  Capital construction and the development of tourism shall be governed by the principle for the work concerning the protection of cultural relics, and such activities may not cause damage to cultural relics.
  Public security organs, administrative departments for industry and commerce, the Customs, departments for urban and rural construction planning and the relevant State organs shall, in accordance with law, conscientiously perform their functions and duties for the protection of cultural relics and maintain the order of the control over cultural relics.
  Article 10   The State develops the undertaking of the protection of cultural relics. Peoples governments at or above the county level shall incorporate the undertaking of the protection of cultural relics into their own plans for national economic and social development and the expenses entailed shall be listed in their own budgets.
  Budgetary appropriations made by the State for the protection of cultural relics shall increase along with the increase of revenues.
  Incomes earned by the undertakings of the State-owned museums, memorial halls, sites protected for their historical and cultural values, etc. shall exclusively be used for the protection of cultural relics, and no units or individuals may take them into their own possession or misappropriate them.
   The State encourages, through such forms as donations, the establishment of social funds for the protection of cultural relics, which shall exclusively be used for the protection of cultural relics. No units or individuals may take such funds into their own possession or misappropriate them.
  Article 11   Cultural relics are unrenewable cultural resources. The State devotes great efforts to the publicity and education in the need to protect cultural relics, enhances the awareness of the entire people of the need, and encourages scientific research in this field in order to raise the scientific and technological level for the protection of the cultural relics.
  Article 12   The State gives moral encouragement or material rewards to units and individuals for any of the following deeds:
  (1)conscientiously implementing laws and regulations on the protection of cultural relics and making remarkable achievements in protecting cultural relics;
  (2)resolutely fighting against criminal acts, in the interest of protecting cultural relics;
  (3)donating important cultural relics in ones own collection to the State or making donations for the undertaking of protection of cultural relics;
  (4)immediately reporting or delivering to the authority when discovering cultural relics, which facilitates their protection;
  (5)making major contributions to the work of archaeological excavations;
  (6)making important inventions and innovations in the science and techniques for the protection of cultural relics, or other important contributions in this respect;
  (7)rendering meritorious service in rescuing cultural relics that are in danger of being destroyed; and
  (8)having been engaged in the work concerning cultural relics over long years and having made outstanding achievements in this field.
  
Chapter II
   Immovable Cultural Relics

  Article 13   The administrative department for cultural relics under the State Council shall select sites from among the ones protected for their significant historical, artistic or scientific value at the provincial, city or county level and designate them as major sites to be protected for their historical and cultural value at the national level, or shall directly designate such major sites, and report them to the State Council for verification and announcement.
  Sites to be protected for their historical and cultural value at the provincial level shall be verified and announced by the peoples governments of provinces, autonomous regions, or municipalities directly under the Central Government, and be reported to the State Council for the record.
  Sites to be protected for their historical and cultural value at the city or county level shall be verified and announced respectively by the peoples governments of cities divided into districts, of autonomous prefectures and of counties, and be reported to the peoples governments of provinces, autonomous regions, or municipalities directly under the Central Government for the record.
  Immovable cultural relics of sites to be protected for their historical and cultural value that have not yet been verified and announced as such shall be registered and announced by the administrative department for cultural relics under the peoples government at the county level.
  Article 14   Cities with an unusual wealth of cultural relics of important historical value or high revolutionary memorial significance shall be verified and announced by the State Council as famous cities of historical and cultural value.
  Towns, neighborhoods or villages with an unusual wealth of cultural relics of important historical value or high revolutionary memorial significance shall be verified and announced by the peoples governments of provinces, autonomous regions, or municipalities directly under the Central Government as famous neighborhood, villages or towns of historical and cultural value, and reported to the State Council for the record.
   Local peoples governments at or above the county level in places where famous cities of historical and cultural value, or famous neighborhoods, villages or towns of historical and cultural value are located shall take charge of drawing up special plans for their protection and include such plans in their overall urban plans.
   Measures for the protection of famous cities, famous neighborhoods, villages and towns of historical and cultural value shall be formulated by the State Council.
  Article 15   Peoples governments of provinces, autonomous regions, and municipalities directly under the Central Government and of cities and counties shall respectively delimit the necessary area of protection, put up signs and notices, and establish records and files for the historical and cultural sites protected at the corresponding levels and shall, in the light of different circumstances, establish special organs or assign fulltime persons to be responsible for control over these sites. The area of protection and records and files for the major historical and cultural sites protected at the national level shall be reported by the administrative department for cultural relics under the peoples governments of provinces, autonomous regions, or municipalities directly under the Central Government to the administrative department for cultural relics under the State Council for the record.
  The administrative departments for cultural relics under the local peoples governments at or above the county level shall, on the basis of the requirements for the protection of different cultural relics, formulate specific protective measures for the immovable cultural relics of the sites protected for their historical and cultural value and of the sites that have not yet been verified as such, and announce the measures for implementation.
  Article 16   When drawing up plans for urban and rural construction, the peoples governments at various levels shall, on the basis of the requirements for the protection of cultural relics, see to it that protective measures for the historical and cultural sites protected at different levels within their own administrative areas are first formulated through consultation between the departments for urban and rural construction planning and the administrative departments for cultural relics and include such measures in their plans.
  Article 17   No construction of additional projects or such operations as blasting, drilling and digging may be conducted within the area of protection for a historical and cultural site. However, where under special circumstances it is necessary to conduct construction of additional projects or such operations as blasting, drilling and digging within the area of protection for such a site, its safety shall be guaranteed, and the matter shall be subject to approval by the peoples government which originally verified and announced the site and which, before giving approval, shall ask consent of the administrative department for cultural relics under the peoples government at the next higher level; and where construction of additional projects or such operations as blasting, drilling and digging are to be conducted within the area of protection for a major historical and cultural site protected at the national level, the matter shall be subject to approval by the peoples government of the relevant province, autonomous region, or municipality directly under the Central Government, which, before giving approval, shall ask consent of the administrative department for cultural relics under the State Council.
  Article 18   On the basis of the actual needs for the protection of cultural relics and with the approval of the peoples government of the relevant province, autonomous region, or municipality directly under the Central Government, a certain area for control of construction may be delimited around a site protected for its historical and cultural value, and such an area shall be announced.
   No construction of a project conducted in an area for control of construction may deform the historical features of the site protected for its historical and cultural value; and the design for the project shall, in correspondence with the protection level of the site protected for its historical and cultural value, be subject to consent by the appropriate administrative department for cultural relics before it is submitted to the department for urban and rural construction planning for approval.
  Article 19   No facilities that pollute the sites protected for their historical and cultural value or their environment may be put up within the area of protection for these sites or the area for control of construction, and no activities that may adversely affect the safety and environment of these sites may be conducted. Where there are already facilities that pollute the sites and their environment, they shall be brought under control within a specified time limit.
  Article 20   While choosing a place for a construction project, the construction unit shall try its best to get around the site of immovable cultural relics; where it is impossible to do so under special circumstances, it shall do everything it can to protect the original site protected for its historical and cultural value.
  Where the original site is to be protected, the construction unit shall first work out protective measures and, in correspondence with the level of protection for the site, submit the measures to the appropriate administrative department for cultural relics for approval, and include the measures in its feasibility study report or in the design, in which the task of protection is specified.
  Where it is impossible to protect the original site or the site needs to be moved to another place or dismantled, the matter shall be reported to the peoples government of the relevant province, autonomous region, or municipality directly under the Central Government for approval; where a site protected for its historical and cultural value at the provincial level needs to be moved to another place or dismantled, consent of the administrative department for cultural relics under the State Council shall be obtained prior to approval. No major historical and cultural sites protected at the national level may be dismantled; where such a site needs to be moved to another place, the matter shall be reported by the peoples government of the relevant province, autonomous region, or municipality directly under the Central Government to the State Council for approval.
   Among the State-owned immovable cultural relies to be dismantled in accordance with the provisions of the preceding paragraph, the murals, carvings, building components, etc. which are worthy of collecting shall be collected by the institution for the collection of cultural relics designated by the administrative department for cultural relics.
   The expenses required for protecting, moving to another place or dismantling an original site as provided for by this Article shall be included in the budget of the construction unit for the construction project.
  Article 21   Users of State-owned immovable cultural relics shall be responsible for their repairs and maintenance; and the owners of the immovable cultural relics not owned by the State shall be responsible for their repairs and maintenance. Where the immovable cultural relics not owned by the State are in danger of damage and the owner cannot afford their repairs, the local peoples government shall offer the owner assistance; and where the owner can afford their repairs but refuses to perform his obligation to repair them as required by law, the peoples government at or above the county level may make emergency repairs and the expenses entailed shall be borne by the owner.
   Repairs to be made for sites protected for their historical and cultural value shall, in correspondence with their different levels of protection, be subject to approval by the appropriate administrative department for cultural relics; and repairs to be made for the immovable cultural relics of the sites that are not yet verified as ones protected for their historical and cultural value shall be subject to approval by the administrative departments for cultural relics under the peoples governments at the county level with which the sites are registered.
  The repairs, removal, or reconstruction of a site protected for its historical and cultural value shall be undertaken by the unit that has obtained the qualification certificate for projects designed to protect cultural relics.
   In the repairing, maintaining and removing immovable cultural relics, the principle of keeping the cultural relics in their original state shall be adhered to.
  Article 22   Where immovable cultural relics are totally damaged, the ruins shall be protected and the damaged relics may not be rebuilt on the original site. However, where under special circumstances it is necessary to have such relics rebuilt on the original site, the administrative department for cultural relics under the peoples government of the relevant province, autonomous region, or municipality directly under the Central Government shall ask consent of the administrative department for cultural relics under the State Council before submitting the matter to the peoples government of the relevant province, autonomous region, or municipality directly under the Central Government for approval; and where major site protected for its historical and cultural value at the national level needs to be rebuilt on the original site, the matter shall be submitted by the peoples government of the relevant province, autonomous region, or municipality directly under the Central Government to the State Council for approval.
  Article 23   Where it is necessary to use a memorial building or an ancient architectural structure owned by the State at a place verified as a site protected for its historical and cultural value for purposes other than the establishment of a museum, a cultural relics preservation institute or a tourist site, the administrative department for cultural relics under the peoples government that originally verified and announced it as such a site shall first ask consent of the administrative department for cultural relics at the next higher level and then submit a report to the said peoples government for approval; and where a major site protected for its historical and cultural value at the national level is to be used for other purposes, the peoples government of the relevant province, autonomous region, or municipality directly under the Central Government shall submit a report to the State Council for approval. Where the State-owned immovable cultural relics of a site not verified as one protected for its historical and cultural value are to be used for other purposes, the matter shall be reported to the administrative department for cultural relics under the peoples government at the county level.
  Article 24   No immovable cultural relics owned by the State may be transferred or mortgaged. No State-owned sites protected for their historical and cultural value, which are established as museums or cultural relics preservation institutes or used as tourist sites may be made enterprise assets for business operation.
  Article 25   No immovable cultural relics not owned by the State may be transferred or mortgaged to foreigners.
   The transfer and mortgage of the immovable cultural relics not owned by the State, or the change in their use shall, in correspondence with their different grades, be reported to the appropriate administrative departments for cultural relics for the record; and where their repairs are to be financed by the local peoples government, the matter shall be submitted to the appropriate administrative departments for cultural relics for approval.
  Article 26   The principle of keeping the immovable cultural relics in their original state shall be adhered to in their use, and the users shall be responsible for the safety of the structures and the cultural relics attached to them, see to it that the immovable cultural relics are not damaged, rebuilt or dismantled and that no additional structures are built on the site.
   With regard to the buildings or structures that threaten the safety of the sites protected for their historical and cultural value or damage their historical features, the local peoples government shall, without delay, investigate and handle the matter, and when necessary, it may have such buildings or structures dismantled or moved to other places.
  
Chapter III
  Archaeological Excavations

  Article 27   The procedure of submitting reports for approval shall be performed for all archaeological excavations; all institutions engaged in archaeological excavations shall be subject to approval by the administrative department for cultural relics under the State Council.
   No units or individuals may, without permission, conduct excavation of the cultural relics buried underground.
  Article 28   The institutions engaged in archaeological excavations that need to conduct archaeological excavations for the purpose of scientific research shall submit their excavation plans to the administrative department for cultural relics under the State Council for approval; plans for archaeological excavations relating to the major sites protected for their historical and cultural value at the national level shall be submitted to the administrative department for cultural relics under the State Council for examination and verification before they are forwarded to the State Council for approval. Before giving approval to or examining and verifying such plans, the administrative department for cultural relics under the State Council shall consult with the research institutes of social sciences, other scientific research institutes and the experts concerned.
  Article 29   Before launching a large-scale capital construction project, the construction unit shall first request in a report the administrative department for cultural relics under the peoples government of the relevant province, autonomous region, or municipality directly under the Central Government to make arrangements for institutions engaged in archaeological excavations to conduct archaeological investigation and prospecting at places where cultural relics may be buried underground within the area designated for the project.
   Where cultural relics are discovered in the course of investigation and prospecting, the administrative department for cultural relics under the peoples government of the relevant province, autonomous region, or municipality directly under the Central Government shall, in compliance with the requirements for protection of cultural relics, decide on the protective measures through consultations with the construction unit. In case of important discoveries, the administrative department for cultural relics under the peoples government of the relevant province, autonomous region, or municipality directly under the Central Government shall immediately submit a report to the administrative department for cultural relics under the State Council for handling.
  Article 30   With regard to archaeological excavations which have to be carried out along with a construction project, the administrative department for cultural relics under the peoples government of the relevant province, autonomous region, or municipality directly under the Central Government shall submit an excavation plan based on the result of prospecting to the administrative department for cultural relics under the State Council for approval. Before giving approval to the plan, the administrative department for cultural relics under the State Council shall consult with research institutes of social sciences, other scientific research institutes and the experts concerned.
   In cases where the pressing time limit for the completion of the project or the danger of natural damage makes it truly urgent to rescue and excavate the sites of ancient culture or ancient tombs, the administrative department for cultural relics under the peoples government of the relevant province, autonomous region, or municipality directly under the Central Government may make arrangements for proceeding with the excavation, while going through the formalities of examination and approval.
  Article 31   The expenses needed for archaeological investigation, prospecting, or excavation, which have to be carried out because of capital construction or construction for productive purposes, shall be included in the budget of the construction unit for the construction project.
  Article 32   In the course of construction of a project or agricultural production, all units and individuals that discover cultural relics shall keep the scene intact and immediately report to the local administrative department for cultural relics; after receiving the report, the department shall, except under special circumstances, rush to the scene within 24 hours and put forth its proposals on the handling of the matter within seven days. The administrative department for cultural relics may report to the local peoples government; requesting it to inform the public security organ of the matter and to seek its assistance in keeping the scene intact; and where important cultural relics are discovered, the matter shall immediately be reported to the administrative department for cultural relics under the State Council, which shall put forth its proposal on the handling of the matter within 15 days after receiving the report.
   The cultural relics discovered in such a manner as mentioned in the preceding paragraph belong to the State, and no unit or individual may plunder, privately divide or conceal them.
  Article 33   Without submitting a report to the administrative department for cultural relics under the State Council for special permission by the State Council, no foreigner or foreign organization may conduct archaeological investigation, prospecting or excavation within the boundaries of the Peoples Republic of China.
  Article 34   The results of archaeological investigation, prospecting and excavation shall be reported to the administrative department for cultural relics under the State Council and to the administrative department for cultural relics under the peoples government of the relevant province, autonomous region, or municipality directly under the Central Government.
   Excavated archaeological relics shall be registered,preserved properly and, in accordance with the relevant regulations of the State, turned over for collection to the administrative department for cultural relics under the peoples government of the relevant province, autonomous region, or municipality directly under the Central Government or to the State-owned museums, libraries or other State-owned institutions for the collection of cultural relics designated by the administrative department for cultural relics under the State Council. Upon approval by the administrative department for cultural relics under the peoples government of the relevant province, autonomous region or municipality directly under the Central Government, or under the State Council, institutions engaged in archaeological excavation may retain a small amount of unearthed cultural relics as samples for scientific research.
   No units or individuals may take excavated archaeological relics into their own possession.
  Article 35   To meet the need of ensuring the safety of cultural relics, conducting scientific research and making full use of cultural relics, the administrative department for cultural relics under the peoples government of the relevant province, autonomous region or municipality directly under the Central Government may, upon approval by the peoples government at the corresponding level, transfer and use the cultural relics unearthed within their own administrative areas; and the administrative department for cultural relics under the State Council may, upon approval by the State Council, transfer major cultural relics unearthed anywhere in the country.
  
Chapter IV
  Cultural Relics in the Collection of
  Cultural Institutions

  Article 36   Museums, libraries and other institutions for the collection of cultural relics shall classify the cultural relics in their collection into different grades, compile files for the relics kept by them, establish a strict system of control, and submit them to the competent administrative department for cultural relics for the record.
   The administrative department for cultural relics under the peoples governments at or above the county level shall compile files for the cultural relics in the collection of cultural institutions in their own administrative areas; and the administrative department for cultural relics under the State Council shall compile files for grade-one cultural relics of the State and for the cultural relics in the collection of State-owned cultural institutions under its charge.
  Article 37   Institutions for the collection of cultural relics may obtain cultural relics by the following means:
   (1)purchasing;
   (2)accepting donations;
   (3)exchanging according to law; or
   (4)other means as provided for by laws and administrative rules and regulations.
   Institutions for the collection of State-owned cultural relics may also obtain cultural relics through designation by the administrative department for cultural relics for preserving the relics or through transfer by the department.
  Article 38   Institutions for the collection of cultural relics shall, in light of the need for protection of cultural relics in their collection and in accordance with the relevant regulations of the State, establish a sound system of control and report it to the competent administrative department for cultural relics for the record. Without approval, no unit or individual may, through transfer, obtain cultural relics in the collection of cultural institutions.
   Legal representatives of the institutions for the collection of cultural relics shall be responsible for the safety of the cultural relics in their collection. Before leaving their posts, the legal representatives of the institutions for the collection of State-owned cultural relics shall, on the basis of the files of the cultural relics in the collection of the cultural institutions, go through the formalities of handing over the cultural relics in the collection of the institutions.
  Article 39   The administrative department for cultural relics under the State Council may transfer the cultural relics in the collection of the State-owned cultural institutions anywhere in the country. The administrative department for cultural relics under the peoples government of the relevant province, autonomous region or municipality directly under the Central Government may transfer the cultural relics in the collection of the State-owned cultural institutions, which are under its charge and are located in its administrative area; and where grade-one cultural relics in the collection of State-owned cultural institutions are transferred, the matter shall be reported to the administrative department for cultural relics under the State Council for the record.
   State-owned institutions for the collection of cultural relics may apply for transfer of the cultural relics in the collection of State-owned cultural institutions.
  Article 40   Institutions for the collection of cultural relics shall give full play to the cultural relics in their collection and, through holding exhibitions, conducting scientific research, etc., help enhance publicity and education in the splendid history and culture and the revolutionary tradition of the Chinese nation.
   Where State-owned cultural institutions for the collection of cultural relics, for purposes of holding exhibitions, conducting scientific research, etc., need to borrow from each other cultural relics in their collection, the matter shall be reported to the competent administrative department for cultural relics for the record; and where grade-one cultural relics in the collection of cultural institutions are to be borrowed, the matter shall be subject to approval by the administrative department for cultural relics under the State Council.
   Where institutions for the collection of cultural relics not owned by the State and other institutions, for purposes of holding exhibitions, need to borrow cultural relics in the collection of the State-owned cultural institutions, the matter shall be subject to approval by the competent administrative department for cultural relics; and where grade-one cultural relics in the collection of State-owned cultural institutions are to be borrowed, the matter shall be subject to approval by the administrative department for cultural relics under the State Council.
   The maximum period of time for the borrowing of cultural relics between the institutions for the collection of cultural relics may not exceed three years.
  Article 41   Cultural relics in institutions for the collection of State-owned cultural relics that have compiled files of the cultural relics in their collection may be exchanged among such institutions upon approval by the administrative department for cultural relics under the peoples government of the relevant province, autonomous region or municipality directly under the Central Government, and the matter shall be reported to the administrative department for cultural relics under the State Council for the record; and where grade-one cultural relics in their collection are to be exchanged, the matter shall be subject to approval by the administrative department for cultural relics under the State Council.
  Article 42   No institutions for the collection of State-owned cultural relics that have not compiled files of the cultural relics in their collection may handle the cultural relics in their collection in accordance with the provisions in Articles 40 and 41 of this Law.
  Article 43   The institution for the collection of the cultural relics that obtains cultural relics through lawful transfer, exchange or borrowing of the cultural relies in the collection of State-owned cultural institutions may give a reasonable sum of compensation to the institution for the collection of cultural relics that provides it with the cultural relics. The specific administrative measures in this respect shall be formulated by the administrative department for cultural relics under the State Council.
   The amount of compensation gained by the institutions for the collection of State-owned cultural relics from the transfer, exchange or lending of cultural relics shall be used for the improvement of the conditions for the collection of cultural relics or for the collection of new cultural relics, but not for other purposes; and no unit or individual may take it into its/his own possession.
   The cultural relics transferred, exchanged or borrowed shall be kept in good care, and none of then may be lost or damaged.
  Article 44   No institutions for the collection of State-owned cultural relics may donate, lease or sell the cultural relics in their collection to other units or individuals.
  Article 45   Measures for disposition of the cultural relics which institutions for the collection of the State-owned cultural relics no longer keep shall be formulated separately by the State Council.
  Article 46   No repairs of cultural relics in the collection of cultural institutions may change their original state; and when duplicating, taking photos or making rubbings of cultural relics in the collection of cultural institutions, one shall take care not to damage the cultural relics. Specific administrative measures in this respect shall be formulated by the State Council.
   The provisions of the preceding paragraph shall be applicable to repairs, duplication, photo-taking and rubbing of all-in-one cultural relics of immovable cultural relics.
  Article 47   Museums, libraries and other institutions for the collection of cultural relics shall, in accordance with the relevant regulations of the State, be installed with facilities against fire, robbery and natural damages so as to ensure safety of the cultural relics in their collection.
  Article 48   Where grade-one cultural relics in the collection of cultural institutions are damaged, the matter shall be reported to the administrative department for cultural relics under the State Council for examination, verification and handling. Where other cultural relics in the collection of cultural institutions are damaged, the matter shall be reported to the administrative department for cultural relics under the peoples government of the relevant province, autonomous region or municipality directly under the Central Government for examination, verification and handling; and the said department under the relevant peoples government shall submit the results of such examination, verification and handling to the administrative department for cultural relics under the State Council for the record.
   Where cultural relics in the collection of a cultural institution are stolen, robbed or missing, the institution hall immediately report the case to a public security organ and at the same time to the competent administrative department for cultural relics.
  Article 49   No workers of the administrative department for cultural relics and the institution for the collection of State-owned cultural relics may borrow State-owned cultural relics or illegally take them into their own possession.
  
Chapter V
  Cultural Relics in Peoples Collection

  Article 50   Citizens, legal persons and other organizations, except institutions for the collection of cultural relics, may collect cultural relics obtained through the following channels:
   (1)lawfully inheriting or accepting as gifts;
   (2)purchasing from cultural relics stores;
   (3)purchasing from auction enterprises engaged in auction of cultural relics;
   (4)mutually exchanging or transferring in accordance with law the cultural relics lawfully owned by individual citizens; or
   (5)other lawful channels prescribed by the State.
   Cultural relics, as specified in the preceding paragraph, which are in the collection of citizens, legal persons and other organizations, except the institutions for the collection of cultural relics, may be circulated according to law.
  Article 51   No citizens, legal persons or other organizations may purchase or sell the following cultural relics:
   (1)state-owned cultural relics, except ones with the approval of the State;
   (2)valuable cultural relics in the collection of the cultural institutions not owned by the State;
   (3)such of the State-owned irremovable cultural relics as murals, carvings and components of buildings, except such of the State-owned irremovable cultural relics as murals, carvings and components of buildings that are dismantled according to law but are not collected by the institutions for the collection of cultural relics and therefore are not governed by the provisions in the fourth paragraph of Article 20 in this Law; or
   (4)cultural relics not obtained through the channels provided for in Article 50 of this Law.
  Article 52   The State encourages citizens, legal persons and other organizations, except the institutions for the collection of cultural relics, to donate the cultural relics in their collection to the institutions for the collection of State-owned cultural relics or to lend them to institutions for the collection of cultural relics for exhibition and research.
   Institutions for the collection of State-owned cultural relics shall honor and comply with the wishes of donors and keep the donated relics in proper collection and preservation and make appropriate display of them.
   No cultural relics that the State prohibits from leaving the country may be transferred, leased or pledged to foreigners.
  Article 53   The establishment of cultural relics stores shall be subject to approval by the administrative department for cultural relics under the State Council or by the administrative department for cultural relics under the peoples government of the relevant province, autonomous region or municipality directly under the Central Government, and the stores shall be administered according to law.
   No cultural relics stores may engage in auction of cultural relics or set up auction enterprises for the purpose.
  Article 54   Auction enterprises established according to law for the auction of cultural relics are required to obtain license for auction of cultural relics issued by the administrative department for cultural relics under the State Council.
   No auction enterprises engaged in auction of cultural relics may conduct business activities of purchasing or selling cultural relics or set up cultural relics stores.
  Article 55   No workers of the administrative departments for cultural relics may establish or participate in the establishment of cultural relics stores or auction enterprises engaged in auction of cultural relics.
   No institutions for the collection of cultural relics may establish or participate in the establishment of cultural relics stores or auction enterprises engaged in auction of cultural relics.
   The establishment of cultural relics stores or auction enterprises engaged in auction of cultural relics in the form of Chinese-foreign equity joint venture, Chinese-foreign contractual joint venture or wholly foreign-owned venture is prohibited.
   Except for cultural relics stores and auction enterprises engaged in auction of cultural relics that have obtained approval, no other units or individuals may engage in business activities relating to cultural relics.
  Article 56   Cultural relics to be sold by cultural relics stores shall, prior to their sale, be examined and verified by the administrative department for cultural relics under the peoples government of the relevant province, autonomous region or municipality directly under the Central Government; and the ones approved for sale shall be marked by the said administrative department.
   Cultural relics for auction by auction enterprises shall, prior to their auction, be examined and verified by the administrative department for cultural relics under the peoples government of the relevant province, autonomous region or municipality directly under the Central Government, and the matter shall be reported to the administrative department for cultural relics under the State Council for the record; and where the said administrative department cannot determine whether the relics in question may be auctioned, it shall submit the relics to the administrative department for cultural relics under the State Council for examination and verification.
  Article 57   Cultural relics stores and auction enterprises shall, in accordance with the relevant regulations of the State, keep records of the cultural relics they purchase and sell or auction and submit the records to the administrative department for cultural relics that originally examined and verified the relics for the record.
   Where the client or buyer requests to keep his identity secret when auctioning cultural relics, the administrative department for cultural relics shall do so, except where otherwise provided for in laws and administrative rules and regulations.
  Article 58   When the administrative department for cultural relics examines and verifies the cultural relics that are to be put up for auction, it may designate an institution for the collection of State-owned cultural relics to enjoy the priority in purchasing the valuable ones among them. The purchasing prices may, through consultation, be determined between the representatives of the institution and the trustor of the cultural relics.
  Article 59   Banks, smelteries, paper mills and units for the recovery of old and waste materials shall be responsible, jointly with the local administrative department for cultural relics, for sorting out cultural relics from among gold and silver articles and waste materials. The cultural relics thus sorted out, except for coins and other kinds of currency of past ages which are needed for research by banks and which may be kept by them, shall be turned over to the local administrative department for cultural relics. Reasonable compensation shall be paid for the sorted out cultural relics that are turned over.
  
Chapter VI
  Taking or Bringing Cultural
  Relics out of or into China

  Article 60    No state-owned cultural relics, valuable cultural relics among the ones not owned by the State or other cultural relics that are prohibited from being taken out of China according to State regulations may be taken out of the country, except the ones to be taken out of the country for exhibition in accordance with the provisions of this Law or for special needs upon approval by the State Council.
  Article 61   Cultural relics to be taken out of the country shall be subject to examination and verification by the examination and verification authority for the entry and exit of cultural relics designated by the administrative department for cultural relics under the State Council. For the cultural relics that may be taken out of the country after examination and verification, the administrative department for cultural relics under the State Council shall issue an exit permit, and they shall be shipped out of the country at the port designated by the said administrative department.
  Cultural relics to be transported, mailed or taken out of the country by any units or individuals shall be declared to the Customs; and the Customs shall let them leave the country on the strength of their exit permit.
  Article 62   Cultural relics to be taken out of the country for exhibition shall be subject to approval by the administrative department for cultural relics under the State Council; and if the number of Grade One cultural relics exceeds the quota fixed by the State Council,the matter shall be subject to approval by the State Council.
   The only existing or fragile relics among the Grade One cultural relics are prohibited from being taken out of the country for exhibition.
   Cultural relics to be taken out of the country for exhibition shall be examined, verified and registered by the examination and verification authority for entry and exit of cultural relics. The Customs shall let them leave the country on the strength of the approval document issued by the administrative department for cultural relics under the State Council or by the State Council. The entry of the cultural relics into the country that have been taken out for exhibition shall be examined, verified and inspected by the original examination and verification authority for the entry and exit of cultural relics.
  Article 63   Temporary entry of cultural relics into the country shall be declared to the Customs, and shall be subject to examination and verification by the examination and verification authority for the entry and exit of cultural relics and be registered with it.
   Before leaving the country, the cultural relics that have entered the country temporarily shall be examined, verified and inspected by the examination and verification authority for the entry and exit of cultural relics that originally examined, verified and registered them; and if all is in order, the administrative department for cultural relics under the State Council shall issue an exit permit for these cultural relics and the Customs shall let them leave the country on the strength of the permit.
  
Chapter VII
  Legal Liabilities

  Article 64   Anyone who, in violation of the provisions of this Law, commits one of the following acts, which constitutes a crime, shall be investigated for criminal responsibility according to law:
   (1)illicitly excavating sites of ancient culture and ancient tombs;
   (2)intentionally or negligently damaging or destroying valuable cultural relics under State protection;
   (3)selling without authorization or privately giving the cultural relics in the collection of State-owned cultural institutions to a unit not owned by the State or an individual;
   (4)selling or giving, without authorization, to foreigners valuable cultural relics that the State prohibits from being taken out of the country;
   (5)seeking profits by reselling the cultural relics that are prohibited by the State from being dealt in;
   (6)smuggling cultural relics;
   (7)robbing,plundering or privately dividing State-owned cultural relics or illicitly taking them into his possession; or
   (8)other acts hindering the control over cultural relics and that shall be investigated for criminal responsibility.
  Article 65   Anyone who, in violation of the provisions of this Law, causes the missing of or damage to cultural relics shall bear civil responsibility according to law.
  Where the violation of the provisions of this Law constitutes an act against security administration, the public security organ shall impose a security administration punishment according to law.
   Where the violation of the provisions of this Law constitutes an act of smuggling, but is not serious enough to constitute a crime, the Customs shall impose a punishment in accordance with the provisions of the relevant laws and administrative rules and regulations.
  Article 66   Any unit that commits one of the following acts, which is not serious enough to constitute a crime, shall be ordered by the competent administrative department for cultural relics under the peoples government at or above the county level to put it right; if serious consequences are caused, it shall be fined not less than RMB 50,000 yuan but not more than 500,000 yuan; and if the circumstances are serious, the authority that originally issued the qualification certificate shall revoke the certificate:
   (1)without authorization, conducting construction project or such operations as blasting, drilling and digging within the area of protection for a historical and cultural site;
   (2)conducting construction project in an area for the control of construction within a site protected for its historical and cultural value; the design for which is not submitted to the administrative department for cultural relics for consent or to the urban and rural construction planning department for approval, and which deforms the historical features of the site protected for its historical and cultural value;
   (3)removing or dismantling irremovable cultural relics without authorization;
   (4) repairing irremovable cultural relics without authorization and obviously changing their original state;
   (5)without authorization, rebuilding on the original site irremovable cultural relics that are totally damaged and thus destroying the cultural relics; or
   (6)in the case of a construction unit without qualification certificate for projects designed to protect cultural relics, repairing, removing or reconstructing cultural relics.
   Anyone who scrawls or smears on cultural relics or does damage to them not seriously, or to the signs of the sites, which are protected for their historical and cultural value, put up in accordance with the provisions of the first paragraph of Article 15 of this Law shall be given disciplinary warning by the public security organ or by the unit where the cultural relics are located, and may, in addition, be imposed a fine.
  Article 67   Where a unit puts up, within the area of protection for a site protected for its historical and cultural value or the area for the control of construction, facilities that pollute the site and its environment, or fails to bring under control within the specified time limit the existing facilities that pollute the site and its environment, it shall be imposed a punishment by the administrative department for environmental protection in accordance with the provisions of the relevant laws and administrative rules and regulations.
  Article 68   Any unit or individual that commits one of the following acts shall be ordered by the competent administrative department for cultural relics under the peoples government at or above the county level to put it right and its/his unlawful gains derived therefrom shall be confiscated; if the amount of such unlawful gains is more than 10,000 yuan, it/he shall be fined not less than two times, but not more than five times, the amount of the unlawful gains; and if the amount of the unlawful gains is less than 10,000 yuan, it/he shall be fined not less than 5,000 yuan but not more than 20,000 yuan:
   (1)transferring or mortgaging State-owned immovable cultural relics, or making them enterprise assets for business operation;
   (2)transferring or mortgaging irremovable cultural relics not owned by the State to foreigners; or
   (3)without authorization, changing the purpose of use of a site protected for State-owned cultural relics.
  Article 69   Where the layout, environment, historical features, etc. of a famous city of historical and cultural value are seriously undermined, the State Council shall revoke its title of famous city of historical and cultural value; where the layout, environment, historical features, etc. of a town, neighborhood or village of historical and cultural value are seriously undermined, the peoples government of the relevant province, autonomous region or municipality directly under the Central Government shall revoke its title of neighborhood, town or village of historical and cultural value; and the persons directly in charge and the other persons directly responsible shall be given administrative sanctions according to law.
  Article 70   Where a unit commits one of the following acts, which is not serious enough to constitute a crime, the competent administrative department for cultural relics under the peoples government at or above the county level shall order it to put it right and may, in addition, impose on it a fine of not more than 20,000 yuan; and if there are unlawful gains derived therefrom, such unlawful gains shall be confiscated:
   (1)in the case of an institution for the collection of cultural relics, failing to have facilities against fire, robbery and natural damage installed as required by the provisions of the relevant regulations of the State;
   (2)in the case of the legal representative of an institution for the collection of State-owned cultural relics, when leaving his post, failing to hand over the cultural relics in accordance with the files on the cultural relics in the collection of the institution, or the cultural relics handed over are not in agreement with the files;
   (3)donating, leasing or selling State-owned cultural relics in the collection of cultural institutions to other units or individuals;
   (4)disposing of State-owned cultural relics in the collection of cultural institutions in violation of the provisions of Articles 40, 41 and 45 of this Law; or
   (5)in violation of the provisions of Article 43 of this Law, misappropriating or taking into ones own possession the amount of compensation gained from the cultural relics transferred, exchanged or lent according to law.
  Article 71   Where a unit or individual deals in cultural relics that the State prohibits from being dealt in or transfers, leases or mortgages to foreigners cultural relics that the State prohibits from being taken out of the country, which is not serious enough to constitute a crime, the competent administrative department for cultural relics under the peoples government at or above the county level shall order it/him to put it right and confiscate its/his unlawful gains derived therefrom; if the amount of the earnings from such illegal operations is more than 10,000 yuan, it/he shall, in addition, be fined not less than two times, but not more than five times, the amount of the said earnings; and if it is less than 10, 000 yuan, it/he shall, in addition, be fined not less than 5,000 yuan but not more than 20,000 yuan.
  Article 72   Where a person, without permission, establishes a cultural relics store or an auction enterprise engaged in auction of cultural relics, or engages in business operations in cultural relics, which is not serious enough to constitute a crime, the administrative department for the industry and commerce shall, in accordance with law, stop him and confiscate his unlawful gains derived therefrom and the cultural relics dealt in; if the amount of the earnings from such illegal operations is more than 50,000 yuan, he shall be fined not less than two times, but not more than five times, the amount of the earnings; and if the amount of the said earnings is less than 50,000 yuan, he shall be fined not less than 20,000 yuan but not more than 100,000 yuan.
  Article 73   Where a unit is found in one of the following circumstances, its unlawful gains and the cultural relics illegally dealt in shall be confiscated by the administrative department for industry and commerce; if the amount of earnings from such illegal operations is more than 50,000 yuan, it shall, in addition, be fined not less than the amount of, but not more than three times the amount of, such earnings; if the amount of such earnings is less than 50,000 yuan, it shall, in addition, be fined not less than 5,000 yuan but not more than 50,000 yuan; and if the circumstances are serious, its license shall be revoked by the original authority that issued the license:
   (1)if a cultural relics store engages in auction of cultural relics;
   (2)if an auction enterprise engaged in auction of cultural relics purchases or sells cultural relics;
   (3)if the cultural relics dealt in by a cultural relics store or auctioned by an auction enterprise are not examined and verified; or
   (4)if an institution for the collection of cultural relics engages in business operations in cultural relics.
  Article 74   Where a person commits one of the following acts, which is not serious enough to constitute a crime, the competent administrative department for cultural relics under the peoples government at or above the county level together with the public security organ shall recover the cultural relics; and if the circumstances are serious, he shall be fined not less than 5,000 yuan but not more than 50,000 yuan:
   (1)concealing or refusing to hand over cultural relics discovered; or
   (2)failing to turn over the cultural relics sorted out, as required by relevant regulations.
  Article 75   Any unit that commits one of the following acts shall be ordered by the competent administrative department for cultural relics under the peoples government at or above the county level to put it right:
   (1)failing to report, as required by the provisions of this Law, the change in the use of the State-owned irremovable cultural relics of a site not verified as one to be protected for its historical and cultural value;
   (2)failing to put on record, as required by the provisions of this Law, the transfer or mortgage of the irremovable cultural relics not owned by the State or the change in their use;
   (3)in the case of a user of State-owned irremovable cultural relics, refusing to perform, in accordance with law, his obligation to repair them;
   (4)in the case of an institution engaged in archaeological excavation, conducting archaeological excavation without authorization, or failing to give a truthful report of the results of the excavation;
   (5)in the case of an institution for the collection of cultural relics failing to compile files of the cultural relics in its collection and establish a system of the control over them, as required by the relevant regulations of the State, or failing to report the files and the system of control for the record;
   (6)in violation of the provisions of Article 38 of this Law, obtaining, through transfer, cultural relics in the collection of a cultural institution without approval;
   (7)in the case of an institution for the collection of cultural relics, failing to report the damages of the cultural relics in its collection to the administrative department for cultural relics for examination, verification and disposition, or failing to report immediately to the public security organ or the administrative department for cultural relics about the cultural relics in its collection that are stolen, robbed or missing; or
   (8)in the case of a cultural relics store or an auction enterprise, failing to keep records of the cultural relics it sold or auctioned, or failing to submit the records to the administrative department for cultural relics for the record, as required by the relevant regulations of the State.
  Article 76   Where a worker of an administrative department for cultural relics, of an institution for the collection of cultural relics,of a cultural relics store or a cultural relics auction enterprise commits one of the following acts, he shall be given to administrative sanction according to law; if the circumstances are serious, he shall be discharged from public employment or disqualified for the job according to law; and a crime is constituted, he shall be investigated for criminal responsibility according to law:
   (1)in the case of a worker of an administrative department for cultural relics, in violation of the provisions of this Law, abusing his power of examination and approval, failing to perform his functions and duties, or failing to investigate and handle unlawful acts discovered, which causes serious consequences;
   (2)in the case of a worker of an administrative department for cultural relics and or an institution for the collection of State-owned cultural relics, borrowing or illegally taking into his possession State-owned cultural relics;
   (3)in the case of a worker of an administrative department for cultural relics, establishing or participating in the establishment of cultural relics stores or auction enterprises engaged in auction of cultural relics;
   (4)causing damage or destruction to the sites protected for their historical and cultural value and to valuable cultural relics or causing missing of such relics due to disregard of responsibility; or
   (5)embezzling or misappropriating funds earmarked for the protection of cultural relics.
   No persons discharged from public employment or disqualified for the job, as mentioned in the preceding paragraph, may be employed for administration of cultural relics or to deal in cultural relics within ten years from the date of discharge or disqualification.
  Article 77   Where the persons directly in charge of the unit that commits one of the following acts mentioned in Articles 66, 68, 70, 71, 74 and 75 of this Law and the other persons directly responsible are State functionaries, they shall be given administrative sanctions according to law.
  Article 78   Where public security organs, the administrative departments for industry and commerce, the Customs, the departments for urban and rural construction planning and other State organs, in violation of the provisions of this Law, abuse their powers, neglect their duties, or engage in malpractice for personal gains, thus causing serious damage or destruction to the valuable cultural relics under State protection or causing their missing, the persons directly in charge and the other persons directly responsible shall be given administrative sanctions according to law; and if a crime is constituted, criminal responsibility shall be investigated according to law.
  Article 79   The Peoples Courts, the Peoples Procuratorates, the public security organs, the Customs and the administrative departments for industry and commerce shall have the cultural relics confiscated according to law registered, preserved properly, and turned over to the administrative department for cultural relics gratis after settlement of the cases, and the cultural relics shall be kept in the collection of an institution for the collection of State-owned cultural relics which is designated by the administrative department for cultural relics.
  
Chapter VIII
  Supplementary Provisions

  Article 80   This Law shall go into effect as of the date of its promulgation.Regulations for the Implementation of the
  Law of the Peoples Republic of China
  on Protection of Cultural Relics
   (Adopted at the Eighth Executive Meeting of the State Council on May 13, 2003, promulgated by Decree No. 377 of the State Council of the Peoples Republic of China on May 18, 2003, and effective as of July 1, 2003)
  
Chapter Ⅰ
  General Provisions

   Article 1   These Regulations are formulated in accordance with the Law of the Peoples Republic of China on Protection of Cultural Relics (hereinafter referred to as the Law on Protection of Cultural Relics).
  Article 2   The State special subsidy funds for major cultural relics and local special funds for cultural relics are jointly managed by the competent cultural relics administrative departments, the departments in charge of investment and the finance departments of the peoples governments at or above the county level in accordance with the relevant provisions of the State. No unit or individual may take these funds into their own possession or misappropriate them.
  Article 3   Incomes earned by the undertaking of the State-owned museums, memorial halls, sites protected for their historical and cultural value, etc. shall be used for the following purposes:
   (1)upkeep, display, restoration and collection of cultural relics;
   (2)repair, renovation and building up of State-owned museums, memorial halls and sites protected for their historical and cultural value;
   (3
   )security measures for the safekeeping of cultural relics;
   (4)archaeological investigation, prospecting and excavation; and
   (5)scientific research, publicity and education in the protection of cultural relics.
  Article 4   The competent cultural relics administrative departments and the competent administrative departments of education, science and technology, press and publication, and broadcasting and television shall do a good job in enhancing publicity and education in the protection of cultural relics.
  Article 5   The competent cultural relics administrative department of the State Council and the competent cultural relics administrative departments of the peoples governments of the provinces, autonomous regions and municipalities directly under the Central Government shall work out scientific and technological research plans for the protection of cultural relics and take effective measures for the popularization and application of scientific and technological results in the protection of cultural relics, so as to advance the scientific and technological standard in this regard.
  Article 6   Units or individuals that perform any of the deeds as listed in Article 12 of the Law on Protection of Cultural Relics shall be given moral encouragement or material rewards by the peoples governments and the competent cultural relics administrative departments thereof and other relevant departments.
  
Chapter Ⅱ
  Immovable Cultural Relics
   Article 7   The famous cities of historical and cultural value shall be reported by the competent construction administrative department of the State Council jointly with the competent cultural relics administrative department of the State Council to the State Council for verification and announcement.
   The famous neighbourhoods, villages or towns of historical and cultural value shall be reported by the competent administrative departments of urban and rural planning jointly with the competent cultural relics administrative departments of the peoples governments of the provinces, autonomous regions or municipalities directly under the Central Government to the peoples governments at the same level for verification and announcement.
   Plans for the protection of famous cities of historical and cultural value, famous neighbourhoods, villages or towns of historical and cultural value, which are drawn up under the organization of the local peoples governments at or above the county level, shall meet the requirements for the protection of cultural relics.
  Article 8   The peoples government of the province, autonomous region or municipality directly under the Central Government shall, within one year from the date of verification and announcement of a major site protected for its historical and cultural value at the national level or a site protected for its historical and cultural value at the provincial level, delimit the necessary area of protection, put up a sign or notice therefor, establish records and files thereof, and establish special organs or assign full-time persons to be responsible for the control over the site.
   Within one year from the date of verification and announcement of a site protected for its historical and cultural value at the level of a city divided into districts, at the level of an autonomous prefecture or at the county level, the peoples government that has verified and announced the site shall delimit the area of protection, put up a sign or notice therefor, establish records and files thereof, and establish special organs or assign full-time persons to be responsible for the control over the site.
  Article 9   The area of protection for a site protected for its historical and cultural value shall cover both the site proper and the surrounding areas for which special protection is enforced over a certain parameter.
   The area of protection for a site protected for its historical and cultural value shall be delimited rationally in light of the classification, size and contents of the site as well as the historical and actual conditions of the surrounding environment, and a certain additional safe space shall be kept beyond the site proper, so as to preserve its true identity and integrity.
  Article 10   The sign or notice for a site protected for its historical and cultural value shall include its grade, name, organ and date of announcement, organ of putting up the sign or notice and date of its establishment. The sign or notice for a site in an autonomous region of an ethnic group protected for its historical and cultural value shall be in both standard Han characters and the ethnic language commonly used in the locality.
  Article 11   The records and files of a site protected for its historical and cultural value shall include written descriptions of the site proper, scientific and technological data, related documentary accounts and contents concerning its administrative management.
   The records and files of a site protected for its historical and cultural value shall make full use of the forms such as written language, sound and video recordings, pictures, rubbings, facsimiles and electronic copies so as to give effective expressions to the contents they carry on.
  Article 12   For a site of ancient culture, ancient tomb, cave temple, State-owned memorial building or ancient architectural structure that is verified and announced as a site protected for its historical and cultural value, the local peoples government at or above the county level shall establish a special organ or assign an organ to be responsible for the control over the site. For any other site protected for its historical and cultural value, the local peoples government at or above the county level shall establish a special organ or assign an organ or a full-time person to be responsible for the control over the site; where a full-time person is assigned to be responsible for the control over the site, the said person may be employed as a cultural relics guard.
   Where a site protected for its historical and cultural value is under use by a unit, the unit shall set up a mass organization for the protection of cultural relics; where there is no such a unit, the villagers committee or residents committee of the place where the site protected for its historical and cultural value is located may set up a mass organization for the protection of cultural relics. The competent cultural relics administrative department shall give guidance and support to such mass organization for the protection of cultural relics in its activities.
   An organ responsible for the control over a site protected for its historical and cultural value shall work out and improve sound regulations and systems and adopt security measures; its security persons may be equipped with defensive weapons in accordance with law.
  Article 13   The area for control of construction around a site protected for its historical and cultural value refers to an area, beyond the area of protection of the said site, in which the construction of any project is restricted with a view to protecting the safety, environment and historical features of the site.
   The area for control of construction around a site protected for its historical and cultural value shall be delimited rationally in light of the classification, size and contents of the site and the historical and actual situations of its surrounding environment.
  Article 14   The area for control of construction around a major site protected for its historical and cultural value at the national level shall, upon approval by the peoples government of the province, autonomous region or municipality directly under the Central Government, be delimited and announced by the competent cultural relics administrative department jointly with the administrative department of urban and rural planning of the peoples government of the province, autonomous region or municipality directly under the Central Government.
   The area for control of construction around a site protected for its historical and cultural value at the provincial level, at the level of a city divided into districts, at the level of an autonomous prefecture or at the county level shall, upon approval by the peoples government of the province, autonomous region or municipality directly under the Central Government, be delimited and announced by the competent cultural relics administrative department jointly with the administrative department of urban and rural planning of the peoples government approving and announcing the site.
  Article 15   A unit undertaking the repair, removal, or reconstruction of a site protected for its historical and cultural value shall obtain both the qualification certificate of an appropriate grade for projects designed to protect cultural relics issued by the competent cultural relics administrative department and the qualification certificate of an appropriate grade issued by the competent construction administrative department, whereas the work of repair, removal or reconstruction of a site protected for its historical and cultural value shall, if not involving construction activities, be undertaken by a unit that has obtained the qualification certificate of an appropriate grade for projects designed to protect cultural relics issued by the competent cultural relics administrative department.
  Article 16   An applicant for obtaining the qualification certificate for projects designed to protect cultural relics shall meet the following conditions:
   (1)having persons with a technical title in the profession of cultural relics and museology;
   (2)having technical equipment for the projects designed to protect cultural relics; and
   (3)other conditions as provided by laws and administrative regulations.
  Article 17   To apply to obtain the qualification certificate for projects designed to protect cultural relics, an application therefor shall be submitted to the competent cultural relics administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government or to the competent cultural relics administrative department of the State Council, which shall make a decision of approval or disapproval within 30 working days from the date of receipt of the application, and shall issue the qualification certificate of an appropriate grade for projects designed to protect cultural relics when making a decision of approval, or notify the party concerned in writing and give the reasons therefor when making a decision of disapproval. The criteria for varying grades of qualifications for projects designed to protect cultural relics and the measures for examination and approval shall be formulated by the competent cultural relics administrative department of the State Council.
  Article 18   The competent cultural relics administrative department shall, before examining and approving the repair plan and engineering design programme for a site protected for its historical and cultural value, solicit opinions from the competent cultural relics administrative department of the peoples government at the next higher level.
  Article 19   The peoples government of the province, autonomous region or municipality directly under the Central Government shall be responsible for investigating and handling the building or structure that threatens the safety of any major site protected for its historical and cultural value at the national level or damages its historical features.
   The peoples government verifying and announcing the site shall be responsible for investigating and handling the building or structure that threatens the safety of any site protected for its historical and cultural value at the provincial level, at the level of a city divided into districts, at the level of an autonomous prefecture or at the county level, or damages its historical features.
   The peoples government at the county level shall be responsible for investigating and handling the building or structure that threatens the safety of any immovable cultural relics that have not yet been verified and announced as a site protected for its historical and cultural value.
  
Chapter Ⅲ
  Archaeological Excavations

  Article 20   An institution applying to engage in archaeological excavations and to obtain a qualification certificate for archaeological excavations shall meet the following conditions:
   (1)having four or more persons qualified as team leaders for archaeological excavations;
   (2)having persons with a technical title in the profession of cultural relics and museology;
   (3)having professionals for protecting the safety of cultural relics;
   (4)having technical equipment for archaeological excavations;
   (5)having facilities and premises for safeguarding the safety of cultural relics; and
   (6)other condition as provided by laws and administrative regulations.
  Article 21   To obtain a qualification certificate for archaeological excavations, an application therefor shall be submitted to the competent cultural relics administrative department of the State Council, which shall make a decision of approval or disapproval within 30 working days from the date of receipt of the application, and shall issue a qualification certificate for archaeological excavations when making a decision of approval, or notify the party concerned in writing and give the reasons therefor when making a decision of disapproval.
  Article 22   A system of responsibility of team leaders shall be practised in all archaeological excavation projects. A person who is to hold the position of team leader shall obtain a qualification certificate for team leader for archaeological excavations issued by the competent cultural relics administrative department of the State Council in accordance with the relevant provisions of the State.
  Article 23   The archaeological investigation, prospecting and excavation to be carried out along with a construction project shall be organized and conducted by the competent cultural relics administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government. The archaeological investigation, prospecting and excavation in a construction project covering two or more provinces, autonomous regions and municipalities directly under the Central Government shall be jointly organized and conducted by the competent cultural relics administrative departments of the peoples governments of the provinces, autonomous regions and municipalities directly under the Central Government where the construction project is located, whereas the archaeological investigation, prospecting and excavation in a construction project of special importance shall be organized and conducted by the competent cultural relics administrative department of the State Council.
   The construction unit shall provide assistance to the archaeological investigation, prospecting and excavation carried out along with a construction project, and shall not hinder such archaeological investigation, prospecting and excavation.
  Article 24   The competent cultural relics administrative department of the State Council shall make a decision of approval or disapproval within 30 working days from the date of receipt of an excavation plan as provided in the first paragraph of Article 30 of the Law on Protection of Cultural Relics, and shall issue a document of approval when making a decision of approval, or notify the party concerned in writing and give the reasons therefor when making a decision of disapproval.
  In case of rescue excavation as provided in the second paragraph of Article 30 of the Law on Protection of Cultural Relics, the competent cultural relics administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government shall, within ten working days from the date of commencement of the excavation, undergo the formalities of examination and approval retroactively with the competent cultural relics administrative department of the State Council.
  Article 25   The range and rate of funds needed for archaeological investigation, prospecting and excavation shall be subject to the relevant provisions of the State.
  Article 26   An institution engaged in archaeological excavations shall, within 30 working days from the date of completion of an archaeological excavation project, submit a project completion report to the competent cultural relics administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government and the competent cultural relics administrative department of the State Council, and shall, within three years from the date of submission of the project completion report, submit an archaeological excavation report to the competent cultural relics administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government and the competent cultural relics administrative department of the State Council.
  Article 27   After submission of the archaeological excavation report, the institution engaged in archaeological excavations may retain a small amount of unearthed cultural relics as samples for scientific research, upon approval by the competent cultural relics administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government or the competent cultural relics administrative department of the State Council within their respective functions and powers, and shall, within six months from the date of submission of the excavation report, turn over other unearthed cultural relics for collection to the State-owned museums, libraries or other State-owned institutions for the collection of cultural relics designated by the competent cultural relics administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government or the competent cultural relics administrative department of the State Council.
  
Chapter Ⅳ
  Cultural Relics in the Collection of
  Cultural Institutions

  Article 28   An institution for the collection of cultural relics shall set up a system of receipt,assessment,registration,cataloguing and filing of cultural relics in its collection,a system of warehouse management, a system of entry, taking out and cancellation of cultural relics as well as their statistics and a system of maintenance, restoration and reproduction.
  Article 29   The competent cultural relics administrative department of the peoples government at the county level shall, in accordance with the relationship of administrative subordination, submit for the record the files for the cultural relics in the collection of various cultural institutions within its administrative area to the competent cultural relics administrative department of the peoples government at the level of a city divided into districts or at the level of an autonomous prefecture or to the competent cultural relics administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government; the competent cultural relics administrative department of the peoples government at the level of a city divided into districts or at the level of an autonomous prefecture shall submit for the record the files for the cultural relics in the collection of various cultural institutions within its administrative area to the competent cultural relics administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government; the competent cultural relics administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government shall submit for the record the files for the collected grade-one cultural relics within its administrative area to the competent cultural relics administrative department of the State Council.
  Article 30   Where an institution for the collection of cultural relics borrows cultural relics from another institution, the borrower shall take necessary protection measures for the borrowed cultural relics so as to ensure their security.
   Unless otherwise agreed upon by the parties concerned, the risk of destruction, loss or damage of the borrowed cultural relics shall be borne by the institution for the collection of cultural relics that borrows the said cultural relics.
  Article 31   Where an institution for the collection of State-owned cultural relics fails to compile files for the cultural relics in its collection and submit such files to the competent cultural relics administrative department for the record pursuant to the provisions of Article 36 of the Law on Protection of Cultural Relics, it shall not exchange or lend cultural relics from its collection.
  Article 32   Repairs, duplication or making rubbings of grade-two or grade-three cultural relics in the collection of a cultural institution shall be reported for approval to the competent cultural relics administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government. Repairs, duplication or making rubbings of grade-one cultural relics in the collection of a cultural institution shall, upon examination and verification by the competent cultural relics administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government, be reported to the competent cultural relics administrative department of the State Council for approval.
  Article 33   An institution engaged in repairs, duplication or making rubbings of cultural relics in the collection of cultural institutions shall meet the following conditions:
   (1)having persons with a technical title at or above the intermediate level in the profession of cultural relics and museology;
   (2)having premises and technical equipment for repairs, duplication and making rubbings of cultural relics in the collection of cultural institutions; and
   (3)other conditions as provided by laws and administrative regulations.
  Article 34   To engage in repairs, duplication or making rubbings of cultural relics in the collection of cultural institutions, an application therefor shall be submitted to the competent cultural relics administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government, which shall make a decision of approval or disapproval within 30 working days from the date of receipt of the application, and shall issue a qualification certificate of an appropriate grade when making a decision of approval, or notify the party concerned in writing and give the reasons therefor when making a decision of disapproval.
  Article 35   Taking photos of grade-two or grade-three cultural relics in the collection of cultural institutions for producing publications or making sound or video recordings shall be reported for approval to the competent cultural relics administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government. Taking photos of grade-one cultural relics in the collection of cultural institutions shall, upon examination and verification by the competent cultural relics administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government, be reported to the competent cultural relics administrative department of the State Council for approval.
  Article 36   Where the cultural relics in the collection of a cultural institution are stolen, robbed or missing, the institution for the collection of the said cultural relics shall report the case to the public security organ without delay, and, at the same time, report the case to the competent cultural relics administrative department; the competent cultural relics administrative department shall, within 24 hours after the receipt of the report from the institution for the collection of the said cultural relics, report the relevant situations to the competent cultural relics administrative department of the State Council.
  Article 37   The State organs and State-owned enterprises, institutions or other organizations that collect or preserve State-owned cultural relics shall fulfil the following obligations:
   (1)to set up a file system for the cultural relics in their collection and submit the files for the cultural relics for the record to the competent cultural relics administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government in the place where they are located;
   (2)to set up and improve an administrative system for the maintenance and repair of the cultural relics in their collection so as to ensure the security of the cultural relics; and
   (3)where the cultural relics in their collection are stolen, robbed or missing, they shall report the case to the public security organ without delay, and, at the same time, report the case to the competent cultural relics administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government in the place where they are located.
  
Chapter Ⅴ
  Cultural Relics in Peoples Collection

  Article 38   Citizens, legal persons and other organizations, except institutions for the collection of cultural relics, may collect cultural relics in accordance with law, and the ownership of their cultural relics legally collected shall be protected by law.
   Citizens, legal persons and other organizations that legally collect cultural relics may request the competent cultural relics administrative department to provide them with consultancy services concerning assessment, repair and preservation of the cultural relics collected by them.
  Article 39   A cultural relics store to be established shall meet the following conditions:
   (1)having a registered capital of 2,000,000 yuan or more;
   (2)having five or more persons with a technical title at or above the intermediate level in the profession of cultural relics and museology;
   (3)having premises, facilities and technical resources for the preservation of cultural relics; and
   (4)other conditions as provided by laws and administrative regulations.
  Article 40   To establish a cultural relics store, an application therefor shall, in accordance with the provisions of the competent cultural relics administrative department of the State Council, be submitted to the competent cultural relics administrative department of the peoples government at or above the level of the province, autonomous region or municipality directly under the Central Government, which shall make a decision of approval or disapproval within 30 working days from the date of receipt of the application, and shall issue a document of approval when making a decision of approval, or notify the party concerned in writing and give the reasons therefor when making a decision of disapproval.
  Article 41   Where an auction enterprise established in accordance with law engages in auction of cultural relics, it shall have five or more professional cultural relics auctioneers with a senior technical title in the profession of cultural relics and museology, and shall obtain the licence for auction of cultural relics issued by the competent cultural relics administrative department of the State Council.
  Article 42   To apply to obtain the licence for auction of cultural relics, an auction enterprise established in accordance with law shall submit an application therefor to the competent cultural relics administrative department of the State Council, which shall make a decision of approval or disapproval within 30 working days from the date of receipt of the application, and shall issue the licence for auction of cultural relics when making a decision of approval, or notify the party concerned in writing and give the reasons therefor when making a decision of disapproval.
  Article 43   Where an cultural relics store purchases or sells a cultural relic, or an auction enterprise engaged in auction of cultural relics sells a cultural relic by auction, it shall record the name, picture and origin of each cultural relic, the name or designation, residence, number of the valid identification document/certificate of the seller, client and buyer of each cultural relic as well as the transaction price of each deal, and report all of them for the record to the competent cultural relics administrative department that has approved the sale or auction of the cultural relic. The competent cultural relics administrative department that receives the record shall keep confidentiality for them in accordance with law and keep that record for 75 years.
   The competent cultural relics administrative department shall enhance its supervision and inspection over cultural relics stores and auction enterprises engaged in auction of cultural relics.
  
Chapter Ⅵ
  Taking or Bringing Cultural Relics
  out of or into China

  Article 44   An examination and verification authority for the entry and exit of cultural relics designated by the competent cultural relics administrative department of the State Council shall be staffed with five or more full-time responsible assessors for the entry and exit of cultural relics. A full-time responsible assessor for the entry and exit of cultural relics shall acquire a technical title at or above the intermediate level in the profession of cultural relics and museology and shall be subject to and pass the examination of the competent cultural relics administrative department of the State Council.
  Article 45   Where cultural relics are to be transported, mailed or carried out of the country, the matter shall be reported in accordance with law to the examination and verification authority for the entry and exit of cultural relics for examination and verification before the cultural relics are taken out of the country. The examination and verification authority for the entry and exit of cultural relics shall, within 15 working days from the date of receipt of the application, make a decision on whether the cultural relics are permitted to be taken out of the country.
   When the examination and verification authority for the entry and exit of cultural relics examines and verifies cultural relics, there shall be three or more professional technicians in cultural relics and museology who participate in the examination and verification, and at least two of them shall be the responsible assessors for the entry and exit of cultural relics.
   The opinion on examination and verification for the exit of cultural relics shall be jointly signed by the responsible assessors for the entry and exit of cultural relics; unless the responsible assessors for the entry and exit of cultural relics unanimously agree that the cultural relics are permitted to be taken out of the country, the examination and verification authority for the entry and exit of cultural relics may not make a decision to permit the cultural relics to be taken out of the country.
   The criteria of examination and verification for the exit of cultural relics shall be worked out by the competent cultural relics administrative department of the State Council.
  Article 46   The examination and verification authority for the entry and exit of cultural relics shall register the name, quality and texture, size and grade of the cultural relics under its examination and verification for the entry into or exit from the country, and the name or designation, residence, number of the valid identification document/certificate of the party concerned as well as the ports of entry and exit, the destination of the cultural relics, the date of examination and verification and other particulars.
  Article 47   Cultural relics that are permitted to be taken out of the country upon examination and verification shall be granted an exit permit by the competent cultural relics administrative department of the State Council, and be marked with an exit label by the examination and verification authority for the entry and exit of cultural relics. Cultural relics permitted to be taken out of the country upon examination and verification shall be shipped out of the country at the port designated by the competent cultural relics administrative department of the State Council. The Customs shall let the cultural relics leave the country on the strength of their exit permit after the inspection of the exit label.
   Cultural relics that are not permitted to be taken out of the country upon examination and verification shall be returned to the party concerned by the examination and verification authority for the entry and exit of cultural relics.
  Article 48   Where cultural relics are to be taken out of the country for exhibition, the unit organizing the exhibition shall, six months before the exhibition, submit an application therefor to the competent cultural relics administrative department of the State Council. The competent cultural relics administrative department of the State Council shall make a decision of approval or disapproval within 30 working days from the date of receipt of the application, and shall issue a document of approval when making a decision of approval, or notify the party concerned in writing and give the reasons therefor when making a decision of disapproval.
   It shall be reported to the State Council for approval if there are more than 120 pieces (sets) of grade-one cultural relics to be exhibited or the number of grade-one cultural relics to be exhibited takes up 20 percent of the total exhibits.
  Article 49   The only existing or fragile relics among the grade-one cultural relics are prohibited from being taken out of the country for exhibition. The catalogue of cultural relics prohibited from being taken out of the country for exhibition shall be made public on a regular basis by the competent cultural relics administrative department of the State Council.
   Cultural relics that have never been officially exhibited within the country shall not be taken out of the country for exhibition.
  Article 50   The duration for the exhibition of cultural relics out of the country shall not be longer than one year. The duration may, due to special purposes, be extended upon approval by the original examination and approval authority. However, the extension shall not be longer than one year.
  Article 51   Where there exists the possibility of jeopardizing the security of the cultural relics being exhibited during the exhibition out of the country, the original examination and approval authority may decide to suspend or cancel the exhibition.
  Article 52   Cultural relics temporarily entering the country shall be sealed by the Customs before they are turned over to the party concerned, who shall present them to the examination and verification authority for the entry and exit of cultural relics for examination, verification and registration. Upon examining the seals of the Customs and making sure that they remain intact, the examination and verification authority for the entry and exit of cultural relics shall mark each piece of cultural relics temporarily entering the country with a temporary entry label, and register and take photos of them.
   When the cultural relics temporarily entering the country leave the country, the examination and verification authority for the entry and exit of cultural relics that has examined, verified and registered the said cultural relics shall check against the entry register and photos, and mark them with exit labels after examining the temporary entry labels and making sure that they are correct, and the competent cultural relics administrative department of the State Council shall grant an exit permit thereto.
   Where, without going through the formalities as provided in the first paragraph of this Article, the cultural relics temporarily entering the country leave the country, the matter shall be dealt with in accordance with the provisions of this Chapter on exit of cultural relics.
  Article 53   No unit or individual may, without approval, remove, replace, misappropriate or damage exit labels and temporary entry labels for cultural relics.
  
Chapter Ⅶ
  Legal Liability

  Article 54   Where, in violation of the provisions of these Regulations, public security organs, departments for industry and commerce, cultural relics administrative departments, the Customs, departments for urban and rural planning and construction and other relevant departments, and their staff members as well, abuse the power of examination and approval, fail to perform their duties or fail to investigate and deal with illegal acts upon discovery, the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law; if a crime is constituted, criminal liability shall be investigated in accordance with law.
  Article 55   Where, in violation of the provisions of these Regulations, anyone undertakes the repair, removal or reconstruction of a site protected for its historical and cultural value without obtaining a qualification certificate of an appropriate grade for projects designed to protect cultural relics, it shall be ordered by the competent cultural relics administrative department to make corrections within a specified time limit; if it fails to make corrections within the specified time limit, or causes serious consequences, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed; if a crime is constituted, criminal liability shall be investigated in accordance with law.
   Where, in violation of the provisions of these Regulations, anyone undertakes the repair, removal or reconstruction of a site protected for its historical and cultural value, in which construction activities are involved, without obtaining a qualification certificate of an appropriate grade issued by the competent construction administrative department, it shall be penalized by the competent construction administrative department in accordance with the relevant provisions of laws and administrative regulations.
  Article 56   Where, in violation of the provisions of these Regulations, anyone engages in repairs, duplication, or making rubbings of cultural relics in the collection of cultural institutions without obtaining a qualification certificate, it shall be ordered by the competent cultural relics administrative department to cease its illegal activities; its illegal gains and the tools and equipment specially used for illegal activities shall be confiscated; if serious consequences are caused, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed; if a crime is constituted, criminal liability shall be investigated in accordance with law.
  Article 57   The amount of the fine as provided for in the second paragraph of Article 66 of the Law on Protection of Cultural Relics shall be not more than 200 yuan.
  Article 58   Anyone who, in violation of the provisions of these Regulations, repairs, duplicates, makes rubbings of or takes photos of valuable cultural relics in the collection of cultural institutions without approval, shall be given a warning by the competent cultural relics administrative department; if serious consequences are caused, a fine of not less than 2,000 yuan but not more than 20,000 yuan shall be imposed; the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law.
  Article 59   Where, in violation of the provisions of these Regulations, an archaeological excavation institution fails to submit a project completion report or an archaeological excavation report within the prescribed time limit, the competent cultural relics administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government or the competent cultural relics administrative department of the State Council shall order it to make corrections within a specified time limit; if it fails to make corrections within the specified time limit, the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law.
  Article 60   Where, in violation of the provisions of these Regulations, an archaeological excavation institution fails to transfer cultural relics within the prescribed time limit, the competent cultural relics administrative department of the peoples government of the province, autonomous region or municipality directly under the Central Government or the competent cultural relics administrative department of the State Council shall order it to make corrections within a specified time limit; if it fails to make corrections within the specified time limit, or causes serious consequences, the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law.
  Article 61   Where, in violation of the provisions of these Regulations, the exhibition of cultural relics out of the country exceeds the duration for exhibition, the competent cultural relics administrative department of the State Council shall order corrections to be made within a specified time limit; the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law.
  Article 62   Where, in accordance with the provisions of Article 66 or Article 73 of the Law on Protection of Cultural Relics, a unit has its licence revoked due to an administrative penalty imposed thereupon, it shall go through the formalities of alteration registration or cancellation registration in accordance with law with the administrative department for industry and commerce; if it fails to go through the formalities within the specified time limit, the administrative department for industry and commerce shall revoke its business licence.
  Article 63   Where, in violation of the provisions of these regulations, incomes earned by the undertaking of the State-owned museums, memorial halls, sites protected for their historical and cultural value, etc. are diverted for other purposes, the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law; if a crime is constituted, criminal liability shall be investigated in accordance with law.
  
Chapter Ⅷ
   Supplementary Provision

   Article 64   These Regulations shall be effective as of July 1, 2003.
 

 

 

 
 
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