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 ones 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,
prospecting 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 ones 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.
