Cultural Relics Protection Law of the People's Republic of China
(Adopted at the 25th Session of the Standing Committee of the Fifth National People's Congress on November 19, 1982 According to the fifth revision of the "Decision of the Standing Committee of the National People's Congress on Amending Eleven Laws including the Accounting Law of the People's Republic of China" adopted at the 30th meeting of the Standing Committee of the 12th National People's Congress on November 4, 2017)
Table of Contents
Chapter 1 General Then
Chapter 2 Immovable cultural relics
Chapter 3 Archaeological excavations
Chapter 4 Collection of cultural relics
Chapter 5 Private collection of cultural relics
Chapter 6 Exit and entry of cultural relics
Chapter 7 Legal liability
Chapter 8 Supplementary provisions
Chapter 1 General Article 1 This law is enacted in accordance with the Constitution in order to strengthen the protection of cultural relics, inherit the outstanding historical and cultural heritage of the Chinese nation, promote scientific research, educate on patriotism and revolutionary traditions, and build socialist spiritual and material civilization.
Article 2 Within the territory of the People's Republic of China, the following cultural relics are protected by the state:
(1) Ancient cultural sites, ancient tombs, ancient buildings, cave temples, stone carvings, and murals with historical, artistic, and scientific value;
(2) Modern cultural relics related to major historical events, revolutionary movements, or famous figures, and with important commemorative significance, educational significance, or historical material value. Important modern historical sites, objects, and representative buildings;
(3) precious artworks and arts and crafts from various eras in history;
(4) important documents and materials of various eras in history, as well as manuscripts and book materials with historical, artistic, and scientific value, etc.;
(5) representative objects that reflect the social systems, social production, and social life of various eras and ethnic groups in history.
The standards and methods for identification of cultural relics are formulated by the cultural relics administrative department of the State Council and submitted to the State Council for approval.
Ancient vertebrate fossils and ancient human fossils with scientific value are protected by the state like cultural relics.
Article 3 Immovable cultural relics such as ancient cultural sites, ancient tombs, ancient buildings, grotto temples, stone carvings, murals, important modern and contemporary historical sites and representative buildings, may be determined respectively as national key cultural relics protection units , provincial-level cultural relics protection units, and city- and county-level cultural relics protection units based on their historical, artistic, and scientific values.
Important physical objects, works of art, documents, manuscripts, books and materials, representative objects and other movable cultural relics from various eras in history are divided into precious cultural relics and general cultural relics; precious cultural relics are divided into first-level cultural relics , second-level cultural relics and third-level cultural relics.
Article 4: Cultural relics work shall implement the policy of giving priority to protection, rescuing first, rational utilization and strengthening management.
Article 5: All cultural relics remaining in the underground, internal waters and territorial waters of the People's Republic of China shall be owned by the state.
Ancient cultural sites, ancient tombs, and cave temples are owned by the state. Immovable cultural relics such as memorial buildings, ancient buildings, stone carvings, murals, and representative modern buildings designated by the state belong to the state unless otherwise specified by the state.
The ownership of state-owned immovable cultural relics will not be changed by changes in the land ownership or use rights to which it is attached.
The following movable cultural relics belong to the state:
(1) Cultural relics unearthed in China, unless otherwise specified by the state;
(2) State-owned cultural relics collection units and other state agencies, military forces, state-owned enterprises, and affairs
(3) Cultural relics collected and purchased by the state;
(4) Cultural relics donated to the state by citizens, legal persons and other organizations;
(5) Other cultural relics owned by the state as stipulated by law.
The ownership of movable cultural relics owned by the state will not be changed by the termination or change of the unit of custody or collection.
The ownership of state-owned cultural relics is protected by law and cannot be infringed.
Article 6 The ownership of collectively owned and privately owned memorial buildings, ancient buildings, ancestral cultural relics and other cultural relics acquired in accordance with the law shall be protected by law.Owners of cultural relics must abide by national laws and regulations regarding the protection of cultural relics.
Article 7: All agencies, organizations and individuals have the obligation to protect cultural relics in accordance with the law.
Article 8: The cultural relics administrative department of the State Council is responsible for the protection of cultural relics nationwide.
Local people's governments at all levels are responsible for the protection of cultural relics within their own administrative regions. The departments responsible for the protection of cultural relics under the local people's governments at or above the county level shall supervise and manage the protection of cultural relics within their respective administrative regions.
Relevant administrative departments of the people's governments at or above the county level are responsible for relevant cultural relics protection work within their respective scope of duties.
Article 9 People's governments at all levels should attach great importance to the protection of cultural relics, correctly handle the relationship between economic construction, social development and cultural relics protection, and ensure the safety of cultural relics.
Infrastructure and tourism development must abide by the guidelines for cultural relics protection, and their activities must not cause damage to cultural relics.
Public security organs, industrial and commercial administration departments, customs, urban and rural construction planning departments and other relevant state agencies shall conscientiously perform their responsibilities to protect cultural relics in accordance with the law and maintain the order of cultural relics management.
Article 10: The state develops cultural relics protection. People's governments at or above the county level shall incorporate cultural relics protection into the national economic and social development plans of the same level, and the required funds shall be included in the fiscal budget of the same level.
The state's financial allocation for cultural relics protection increases with the growth of fiscal revenue .
Private income from state-owned museums, memorial halls, cultural relics protection units, etc. shall be used exclusively for cultural relics protection and shall not be misappropriated or misappropriated by any unit or individual.
The state encourages the establishment of social funds for the protection of cultural relics through donations and other means, which are specifically used for the protection of cultural relics. No unit or individual may embezzle or misappropriate them.
Article 11 Cultural relics are non-renewable cultural resources. The state strengthens publicity and education on cultural relics protection, enhances the public's awareness of cultural relics protection, encourages scientific research on cultural relics protection, and improves the scientific and technological level of cultural relics protection.
Article 12 Units or individuals who have the following deeds shall be given moral encouragement or material rewards by the state:
(1) Those who conscientiously implement laws and regulations on the protection of cultural relics and make outstanding achievements in protecting cultural relics;
(2) Those who fight resolutely to protect cultural relics and illegal and criminal acts;
(3) Those who donate important cultural relics in their personal collections to the state or make donations for the cause of cultural relics protection;
(4) Those who discover cultural relics are reported or handed over in a timely manner so that the cultural relics can be protected;
(5) Those who have made significant contributions to archaeological excavations;
(6) Those who have made important inventions or other important contributions in the science and technology of cultural relics protection;
(7) Those who have made meritorious service in rescuing cultural relics when cultural relics are in danger of destruction;
(8) Those who have been engaged in cultural relics work for a long time and made remarkable achievements.
Chapter 2 Immovable Cultural Relics
Article 13 The cultural relics administrative department of the State Council shall select from among the cultural relics protection units at the provincial, municipal, and county levels, those with significant historical, artistic, and scientific value as national key cultural relics protection units, or directly determine them as national key cultural relics protection units, and report them to the State Council for approval and announcement.
Provincial cultural relics protection units are approved and announced by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and reported to the State Council for filing.
Municipal and county-level cultural relics protection units shall be approved and announced by the people's governments of districted cities, autonomous prefectures and counties respectively, and shall be reported to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for record.
Immovable cultural relics that have not yet been approved and announced as cultural relics protection units shall be registered and announced by the cultural relics administrative department of the county-level people's government.
Article 14: Cities that are particularly rich in preserved cultural relics and have great historical value or revolutionary commemorative significance shall be approved and announced as historical and cultural cities by the State Council.
Towns, streets, and villages that are particularly rich in preserved cultural relics and have great historical value or revolutionary commemorative significance shall be approved and announced as historical and cultural blocks, villages and towns by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and reported to the State Council for filing.
The local people's governments at or above the county level where famous historical and cultural cities, historical and cultural blocks, villages and towns are located shall organize the preparation of special protection plans for famous historical and cultural cities, historical and cultural blocks, villages and towns, and incorporate them into the overall urban plan.
The measures for the protection of famous historical and cultural cities, historical and cultural blocks, villages and towns shall be formulated by the State Council.
Article 15 For cultural relics protection units at all levels, the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and the people's governments of cities and counties shall delineate the necessary protection scope, make signs and explanations, establish records and files, and set up specialized agencies or dedicated personnel to manage them according to the circumstances. The protection scope and records of national key cultural relics protection units shall be reported to the cultural relics administrative department of the State Council by the cultural relics administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government for filing.
The cultural relics administrative department of the local people's government at or above the county level shall, based on the protection needs of different cultural relics, formulate specific protection measures for cultural relics protection units and immovable cultural relics that have not been approved as cultural relics protection units, and announce and implement them.
Article 16 When people's governments at all levels formulate urban and rural construction plans, they shall, based on the needs of cultural relics protection, agree in advance on the protection measures for cultural relics protection units at all levels within their respective administrative regions by the urban and rural construction planning department in conjunction with the cultural relics administrative department, and incorporate them into the planning .
Article 17 No other construction projects or blasting, drilling, excavation and other operations shall be carried out within the protection scope of cultural relics protection units. However, if it is necessary to carry out other construction projects or blasting, drilling, excavation and other operations within the protection scope of a cultural relics protection unit due to special circumstances, the safety of the cultural relics protection unit must be ensured and approved by the people's government that verifies and announces the cultural relics protection unit. Before approval, it must be obtained The cultural relics administrative department of the people's government at the next higher level agrees; other construction projects or blasting, drilling, excavation and other operations within the protection scope of key national cultural relics protection units must be approved by the people's government of the province, autonomous region, or municipality directly under the Central Government, and the consent of the cultural relics administrative department of the State Council must be obtained before approval.
Article 18 Based on the actual needs for the protection of cultural relics, with the approval of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, certain construction control zones may be drawn around cultural relics protection units and announced.
Construction projects carried out within the construction control zone of cultural relics protection units shall not damage the historical features of the cultural relics protection units; the project design plan shall be based on the level of the cultural relics protection unit, with the consent of the corresponding cultural relics administrative department, and submitted to the urban and rural construction planning department for approval.
Article 19: Within the protection scope and construction control zone of cultural relics protection units, no facilities may be built that pollute the cultural relics protection units and their environment, and no activities may be conducted that may affect the safety of cultural relics protection units and their environment. Existing facilities that pollute cultural relics protection units and their environment must be rectified within a time limit.
Article 20: When selecting sites for construction projects, immovable cultural relics should be avoided as much as possible; if they cannot be avoided due to special circumstances, in-situ protection of cultural relics protection units should be implemented as much as possible.
If in-situ protection is implemented, the construction unit shall determine the protection measures in advance and submit them to the corresponding cultural relics administrative department for approval according to the level of the cultural relics protection unit; without approval, construction shall not start.
If it is impossible to implement in-situ protection and must be moved to another place for protection or demolished, it must be reported to the people's government of the province, autonomous region, or municipality directly under the Central Government for approval; if a provincial-level cultural relics protection unit is moved or demolished, the consent of the cultural relics administrative department of the State Council must be obtained before approval. National key cultural relics protection units shall not be demolished; if they need to be relocated, they must be reported to the State Council for approval by the people's government of the province, autonomous region, or municipality directly under the Central Government.
Murals, sculptures, architectural components, etc. with collection value among the state-owned immovable cultural relics demolished in accordance with the provisions of the preceding paragraph shall be collected by the cultural relics collection unit designated by the cultural relics administrative department.
The costs required for original site protection, relocation, and demolition stipulated in this article shall be included in the construction project budget by the construction unit.
Article 21: The users of state-owned immovable cultural relics are responsible for the repair and maintenance; the owners of non-state-owned immovable cultural relics are responsible for the repair and maintenance.If non-state-owned immovable cultural relics are in danger of being damaged and the owner does not have the ability to repair them, the local people's government shall provide assistance; if the owner has the ability to repair but refuses to perform repair obligations in accordance with the law, the people's government at or above the county level may provide rescue and repairs, and the required costs shall be borne by the owner.
Renovation of cultural relics protection units shall be reported to the corresponding cultural relics administrative department for approval according to the level of the cultural relics protection unit; repairs of immovable cultural relics that have not been approved as cultural relics protection units shall be reported to the cultural relics administrative department of the registered county-level people's government for approval.
The repair, relocation and reconstruction of cultural relics protection units shall be undertaken by units that have obtained the qualification certificate for cultural relics protection projects.
When repairing, maintaining, and relocating immovable cultural relics, we must abide by the principle of not changing the original condition of the cultural relics.
Article 22 If the immovable cultural relics have been completely destroyed, site protection shall be implemented and shall not be rebuilt at the original site. However, if it is necessary to rebuild at the original site due to special circumstances, the cultural relics administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall report it to the people's government of the province, autonomous region, or municipality directly under the Central Government for approval; if a national key cultural relics protection unit needs to be rebuilt on the original site, the people's government of the province, autonomous region, or municipality directly under the Central Government shall report it to the State Council for approval.
Article 23 If a memorial building or ancient building owned by the state that has been approved as a cultural relics protection unit can be used for other purposes besides establishing a museum, a depository, or a place for sightseeing, the municipal or county-level cultural relics protection unit shall obtain the cultural relics administrative department of the people's government that has approved and announced the cultural relics protection unit from the cultural relics administration at the higher level. After the department agrees, it shall be submitted to the people's government that has approved and announced the cultural relics protection unit for approval; the provincial-level cultural relics protection unit shall be reviewed and approved by the cultural relics administrative department of the provincial people's government that has approved and announced the cultural relics protection unit, and then submitted to the provincial people's government for approval; if the national key cultural relics protection unit is used for other purposes, the people's government of the province, autonomous region, or municipality directly under the Central Government shall submit it to the State Council for approval. If state-owned immovable cultural relics that have not been approved as cultural relics protection units are used for other purposes, they must be reported to the cultural relics administrative department of the people's government at the county level.
Article 24: State-owned immovable cultural relics may not be transferred or mortgaged. State-owned cultural relics protection units that establish museums, depositories, or serve as tourist sites shall not be operated as corporate assets.
Article 25 Non-state-owned immovable cultural relics may not be transferred or mortgaged to foreigners.
Non-state-owned immovable cultural relics that are transferred, mortgaged or used for change shall be reported to the corresponding cultural relics administrative department for record according to their level.
Article 26: When using immovable cultural relics, the principle of not changing the original state of the cultural relics must be followed, and the person responsible for protecting the safety of the building and its attached cultural relics must not damage, remodel, add to or dismantle the immovable cultural relics.
For buildings and structures that endanger the safety of cultural relics protection units and damage the historical features of cultural relics protection units, the local people's government shall promptly investigate and deal with them, and if necessary, demolish the buildings and structures.
Chapter 3 Archaeological Excavation
Article 27 All archaeological excavation work must go through the approval procedures; units engaged in archaeological excavation must be approved by the cultural relics administrative department of the State Council.
No unit or individual may unearth cultural relics buried underground without permission.
Article 28: Units engaged in archaeological excavations that conduct archaeological excavations for the purpose of scientific research shall propose an excavation plan and submit it to the cultural relics administrative department of the State Council for approval; archaeological excavation plans for national key cultural relics protection units shall be reviewed by the cultural relics administrative department of the State Council and then submitted to the State Council for approval. The cultural relics administrative department of the State Council shall seek the opinions of social science research institutions and other scientific research institutions and relevant experts before approving or reviewing the project.
Article 29: When carrying out large-scale capital construction projects, the construction unit shall report in advance to the cultural relics administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government to organize units engaged in archaeological excavation to conduct archaeological surveys and explorations in places where cultural relics may be buried within the scope of the project.
If cultural relics are discovered during archaeological surveys and explorations, the cultural relics administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall jointly agree on protection measures with the construction unit in accordance with the requirements for cultural relics protection; if important discoveries are made, the cultural relics administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall promptly report to the cultural relics administrative department of the State Council for handling.
Article 30: For archaeological excavation work that needs to be carried out in conjunction with construction projects, the cultural relics administrative department of the province, autonomous region, or municipality directly under the Central Government shall propose an excavation plan based on the exploration work and submit it to the cultural relics administrative department of the State Council for approval. The cultural relics administrative department of the State Council shall seek the opinions of social science research institutions and other scientific research institutions and relevant experts before approving it.
If there is an urgent need for rescue and excavation of ancient cultural sites and ancient tombs due to tight construction schedules or risks of natural damage, the cultural relics administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall organize the excavation and complete the approval procedures at the same time.
Article 31: For any archaeological survey, exploration, and excavation required for capital construction and production construction, the required expenses shall be included in the construction project budget by the construction unit.
Article 32When any unit or individual discovers cultural relics during construction projects or agricultural production, they must protect the site and report immediately to the local cultural relics administrative department. After receiving the report, the cultural relics administrative department shall rush to the scene within 24 hours, unless there are special circumstances, and provide handling opinions within seven days. The cultural relics administrative department may request the local people's government to notify the public security organs to assist in protecting the site; if important cultural relics are discovered, they must immediately report it to the cultural relics administrative department of the State Council, which shall provide handling opinions within fifteen days after receiving the report.
Cultural relics discovered in accordance with the provisions of the preceding paragraph belong to the state, and no unit or individual may rob, privately distribute or hide them.
Article 33 No foreigner or foreign organization may conduct archaeological surveys, explorations, or excavations within the territory of the People's Republic of China without special permission from the cultural relics administration department of the State Council to the State Council.
Article 34 The results of archaeological surveys, explorations, and excavations shall be reported to the cultural relics administrative department of the State Council and the cultural relics administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Cultural relics excavated by archeology shall be registered, properly kept, and transferred to state-owned museums, libraries or other state-owned units for collecting cultural relics designated by the cultural relics administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government or the cultural relics administrative department of the State Council in accordance with relevant national regulations. With the approval of the cultural relics administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government, units engaged in archaeological excavations may retain a small number of unearthed cultural relics as scientific research specimens.
No unit or individual may appropriate the cultural relics excavated by archeology.
Article 35: Based on the needs of ensuring the safety of cultural relics, conducting scientific research, and giving full play to the role of cultural relics, the cultural relics administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, with the approval of the people's government at the same level, use unearthed cultural relics within their own administrative regions; the cultural relics administrative department of the State Council, with the approval of the State Council, may use important unearthed cultural relics across the country.
Chapter 4 Collection of Cultural Relics
Article 36 Museums, libraries and other cultural relic collection units must distinguish the levels of cultural relics in their collections, set up collection files, establish a strict management system, and report to the competent cultural relics administrative department for filing.
The cultural relics administrative departments of the local people's governments at or above the county level shall establish archives of cultural relics in their respective administrative regions; the cultural relics administrative department of the State Council shall establish archives of national first-level cultural relics collections and archives of cultural relics collected by the state-owned cultural relics collection units under their jurisdiction.
Article 37 Cultural relics collection units may obtain cultural relics through the following methods:
(1) purchase;
(2) acceptance of donations;
(3) exchange in accordance with the law;
(4) other methods stipulated by laws and administrative regulations.
State-owned cultural relics collection units can also obtain cultural relics through designated custody or allocation by the cultural relics administrative department.
Article 38: Cultural relics collection units shall establish and improve management systems in accordance with the protection needs of the cultural relics in their collections and in accordance with relevant national regulations, and report them to the competent cultural relics administrative department for record.Without approval, no unit or individual may access cultural relics in the collection.
The legal representative of the cultural relics collection unit is responsible for the safety of the cultural relics in the collection. When the legal representative of a state-owned cultural relics collection unit leaves office, he shall go through the transfer procedures for the cultural relics in the collection according to the archives of the collection.
Article 39: The cultural relics administrative department of the State Council may allocate cultural relics from state-owned collections across the country. The cultural relics administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may allocate cultural relics from the collections of state-owned cultural relics collection units under their jurisdiction within their respective administrative regions; allocating first-level cultural relics from state-owned collections must be reported to the cultural relics administrative department of the State Council for record.
State-owned cultural relics collection units can apply for the allocation of state-owned cultural relics.
Article 40: Cultural relics collection units should give full play to the role of the cultural relics in their collections and strengthen the publicity and education of the outstanding history, culture and revolutionary traditions of the Chinese nation through organizing exhibitions, scientific research and other activities.
If state-owned cultural relics collection units need to borrow cultural relics from the collection for holding exhibitions, scientific research, etc., they should report to the competent cultural relics administrative department for record; if they borrow first-level cultural relics from the collection, they should also report to the cultural relics administrative department of the State Council for record.
Non-state-owned cultural relics collection units and other units that need to borrow cultural relics from state-owned collections for exhibitions must report to the competent cultural relics administrative department for approval; borrowing first-class cultural relics from state-owned collections must be approved by the cultural relics administrative department of the State Council.
The maximum period for borrowing cultural relics between cultural relic collection units shall not exceed three years.
Article 41: For state-owned cultural relics collection units that have established archives of cultural relics, their collections of cultural relics may be exchanged between state-owned cultural relics collection units upon approval by the cultural relics administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government and reported to the cultural relics administrative department of the State Council for filing.
Article 42: State-owned cultural relics collection units that have not established archives of cultural relics in their collections shall not dispose of their cultural relics in accordance with the provisions of Articles 40 and 41 of this Law.
Article 43: When cultural relics from state-owned collections are allocated, exchanged or borrowed in accordance with the law, the cultural relics collection unit that acquires the cultural relics may provide reasonable compensation to the cultural relics collection unit that provides the cultural relics. Specific management measures shall be formulated by the cultural relics administrative department of the State Council.
The compensation fees earned by state-owned cultural relics collection units from the allocation, exchange, and lending of cultural relics must be used to improve the collection conditions of cultural relics and collect new cultural relics, and must not be misappropriated for other purposes; no unit or individual may embezzle them. Cultural relics transferred, exchanged or borrowed by
must be strictly kept and must not be lost or damaged.
Article 44: State-owned cultural relics collection units are prohibited from donating, leasing or selling cultural relics in their collections to other units or individuals.
Article 45: Measures for the disposal of cultural relics no longer collected by state-owned cultural relics collection units shall be separately formulated by the State Council.
Article 46: The restoration of cultural relics in the collection shall not change the original state of the cultural relics in the collection; copying, photographing, or rubbing of the cultural relics in the collection shall not cause damage to the cultural relics in the collection. Specific management measures shall be formulated by the State Council.
The provisions of the preceding paragraph shall apply to the restoration, copying, photography, and rubbing of individual cultural relics that are immovable cultural relics.
Article 47: Museums, libraries and other units that collect cultural relics shall be equipped with facilities to prevent fire, theft and natural damage in accordance with relevant national regulations to ensure the safety of the cultural relics in the collection.
Article 48 If the first-level cultural relics in the collection are damaged, they shall be reported to the cultural relics administrative department of the State Council for verification and handling. If other cultural relics in the collection are damaged, they shall be reported to the cultural relics administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government for verification and handling; the cultural relics administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall report the verification and handling results to the cultural relics administrative department of the State Council for record.
If cultural relics in the collection are stolen, robbed or lost, the cultural relics collection unit shall immediately report the case to the public security organ and at the same time report to the competent cultural relics administrative department.
Article 49: Staff members of cultural relics administrative departments and state-owned cultural relics collection units may not borrow state-owned cultural relics or illegally appropriate state-owned cultural relics.
Chapter 5 Private Collection of Cultural Relics
Article 50 Citizens, legal persons and other organizations other than cultural relics collection units may collect cultural relics obtained through the following methods:
(1) Inherit or accept donations in accordance with the law;
(2) Purchase from cultural relics stores;
(3) Purchase from auction companies that operate cultural relics auctions;
(4) Exchange or transfer legally owned cultural relics legally owned by individual citizens;
(5) Other legal methods stipulated by the state.
Cultural relics collected by citizens, legal persons and other organizations other than cultural relic collection units may be circulated in accordance with the law.
Article 51 Citizens, legal persons and other organizations may not buy or sell the following cultural relics:
(1) State-owned cultural relics, except those permitted by the state;
(2) Precious cultural relics in non-state-owned collections;
(3) State-owned and immovable Murals, sculptures, building components, etc. among animal cultural relics, except for murals, sculptures, building components, etc. among state-owned immovable cultural relics that have been demolished in accordance with the law and do not fall within the provisions of Paragraph 4 of Article 20 of this Law and should be collected by cultural relics collection units;
(4) Cultural relics whose sources do not comply with the provisions of Article 50 of this Law.
Article 52: The state encourages citizens, legal persons and other organizations other than cultural relics collection units to donate the cultural relics they collect to state-owned cultural relics collection units or lend them to cultural relics collection units for exhibition and research.
State-owned cultural relics collection units shall respect and comply with the wishes of donors and properly collect, preserve and display donated cultural relics.
Cultural relics prohibited from leaving the country shall not be transferred, leased or pledged to foreigners.
Article 53 Cultural relics stores shall be established with the approval of the cultural relics administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government and shall be managed in accordance with the law.
Cultural relics stores are not allowed to engage in cultural relics auction business activities, and are not allowed to establish auction companies that engage in cultural relics auctions.
Article 54: An auction enterprise established in accordance with the law that engages in the auction of cultural relics shall obtain a cultural relics auction license issued by the cultural relics administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government.
Auction companies that engage in cultural relics auctions are not allowed to engage in the purchase and sale of cultural relics, and are not allowed to set up cultural relics shops.
Article 55: Staff members of the cultural relics administrative department shall not organize or participate in organizing cultural relics shops or auction enterprises that operate cultural relics auctions.
Cultural relics collection units are not allowed to host or participate in hosting cultural relics shops or auction companies that operate cultural relics auctions.
It is prohibited to establish Sino-foreign joint ventures, Sino-foreign cooperation and wholly foreign-owned cultural relics stores or auction companies that operate cultural relics auctions.
Except for approved cultural relics shops and auction companies that operate cultural relics auctions, other units or individuals are not allowed to engage in commercial business activities of cultural relics.
Article 56: Cultural relics shops are not allowed to sell, and auction companies are not allowed to auction cultural relics specified in Article 51 of this Law. Cultural relics auctioned by
auction companies must be reviewed by the cultural relics administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government before being auctioned, and reported to the cultural relics administrative department of the State Council for record.
Article 57 The cultural relics administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall establish a cultural relics purchase, sale, and auction information and credit management system. When cultural relics shops purchase and sell cultural relics, and when auction companies auction cultural relics, they must make records in accordance with relevant national regulations and report them to the cultural relics administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government for record within thirty days after the sale or auction of cultural relics.
When cultural relics are auctioned, if the consignor or buyer requires their identity to be kept secret, the cultural relics administrative department shall keep it secret; however, unless otherwise provided for by laws and administrative regulations.
Article 58: When reviewing cultural relics to be auctioned, the cultural relics administrative department may designate state-owned cultural relics collection units to give priority to purchasing precious cultural relics among them. The purchase price is determined through negotiation between representatives of the cultural relics collection unit and the consignor of the cultural relics.
Article 59: Banks, smelters, paper mills and waste material recycling units shall be jointly responsible for selecting cultural relics mixed with gold and silverware and waste materials together with the local cultural relics administrative department. The selected cultural relics should be handed over to the local cultural relics administrative department, except that historical currencies necessary for bank research can be retained by the People's Bank of China. Reasonable compensation should be given when handing over and selecting cultural relics.
Chapter 6 Exit and Import of Cultural Relics
Article 60 State-owned cultural relics, precious cultural relics among non-state-owned cultural relics, and other cultural relics prohibited from export by the state shall not be exported; however, except for those exported for exhibition in accordance with the provisions of this Law or approved by the State Council for special needs.
Article 61 The export of cultural relics shall be subject to review by the cultural relics entry and exit review agency designated by the cultural relics administrative department of the State Council. Cultural relics that are approved for export after review will be issued a cultural relics exit permit by the cultural relics administrative department of the State Council, and will be exported from the port designated by the cultural relics administrative department of the State Council.
Any unit or individual who transports, mails or carries cultural relics out of the country must declare to the customs; the customs will release the cultural relics with a cultural relics exit permit.
Article 62: The export of cultural relics for exhibition must be reported to the cultural relics administrative department of the State Council for approval; if the number of first-class cultural relics exceeds the number specified by the State Council, it must be reported to the State Council for approval.
Orphan items and fragile items among the first-level cultural relics are prohibited from being exhibited abroad.
The export of cultural relics for outbound exhibitions shall be reviewed and registered by the cultural relics entry and exit review agency. The customs shall release the goods based on the approval documents issued by the cultural relics administrative department of the State Council or the State Council. When cultural relics that have been exported for exhibition re-enter the country, they will be reviewed and inspected by the original cultural relics entry and exit review agency.
Article 63: Cultural relics temporarily entering the country must be declared to the customs and reported to the cultural relics entry and exit review agency for review and registration.
The re-exit of cultural relics that have been temporarily imported must be reviewed and inspected by the cultural relics entry and exit review agency that originally reviewed and registered them; if the review and inspection are correct, the cultural relics administrative department of the State Council will issue a cultural relics exit permit, and the customs will release the cultural relics based on the cultural relics exit permit.
Chapter 7 Legal Responsibilities
Article 64 Anyone who violates the provisions of this Law and commits any of the following acts, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law:
(1) robbing ancient cultural sites and ancient tombs;
(2) intentionally or negligently damaging precious cultural relics protected by the state;
(3) selling state-owned cultural relics without authorization or privately giving them to non-state-owned units or entities; Personal;
(4) Privately selling or giving away precious cultural relics prohibited by the state to foreigners;
(5) Reselling cultural relics prohibited by the state for the purpose of profit;
(6) Smuggling cultural relics;
(7) Stealing, robbing, privately dividing or illegally appropriating state-owned cultural relics;
(8) Other acts that impede the management of cultural relics that should be investigated for criminal responsibility.
Article 65 Anyone who violates the provisions of this Law and causes the loss or damage of cultural relics shall bear civil liability in accordance with the law.
If a person violates the provisions of this law and constitutes a violation of public security management, the public security organ shall impose public security management penalties in accordance with the law.
If any violation of this Law constitutes smuggling but does not constitute a crime, the Customs shall impose penalties in accordance with relevant laws and administrative regulations.
Article 66: Anyone who commits any of the following acts and does not constitute a crime shall be ordered to make corrections by the cultural relics administrative department of the people's government at or above the county level. If serious consequences are caused, he shall be fined not less than RMB 50,000 but not more than RMB 500,000. If the circumstances are serious, the person who issued the certificate shall be ordered to make corrections. The authority revokes the qualification certificate:
(1) Carrying out construction projects or blasting, drilling, excavation and other operations within the protection scope of cultural relics protection units without authorization;
(2) Carrying out construction projects within the construction control zone of cultural relics protection units, and the project equipment Planning plans that cause damage to the historical features of cultural relics protection units without the consent of the cultural relics administrative department and approval by the urban and rural construction planning department;
(3) relocating or dismantling immovable cultural relics without authorization;
(4) repairing immovable cultural relics without authorization, without permission. Significantly changing the original state of cultural relics;
(5) Rebuilding completely destroyed immovable cultural relics at the original site without authorization, causing damage to cultural relics;
(6) The construction unit has not obtained the qualification certificate for cultural relics protection projects and engages in the repair, relocation, and reconstruction of cultural relics without authorization.
If the cultural relics are scratched, defaced or damaged to a minor extent, or if the signs of cultural relics protection units established in accordance with the provisions of paragraph 1 of Article 15 of this Law are damaged, the public security organ or the unit where the cultural relics are located shall give a warning and may also impose a fine.
Article 67: If facilities that pollute cultural relics protection units and their environment are constructed within the protection scope of cultural relics protection units or within construction control zones, or if existing facilities that pollute cultural relics protection units and their environment fail to be rectified within the prescribed time limit, the environmental protection administrative department shall impose penalties in accordance with the provisions of relevant laws and regulations.
Article 68 Anyone who commits any of the following acts shall be ordered to make corrections by the cultural relics administrative department of the people's government at or above the county level, and the illegal gains shall be confiscated. If the illegal gains exceed 10,000 yuan, a fine of not less than two times but not more than five times the illegal gains shall be imposed; if the illegal gains are less than 10,000 yuan, a fine of not less than 5,000 yuan but not more than 20,000 yuan shall be imposed:
(1) Transferring or mortgaging state-owned immovable cultural relics, or operating state-owned immovable cultural relics as corporate assets;
(2) Transferring or mortgaging non-state-owned immovable cultural relics to foreigners;
(3) Changing the use of state-owned cultural relics protection units without authorization.
Article 69: If the layout, environment, historical features, etc. of a historical and cultural city are seriously damaged, the State Council shall revoke its title of historical and cultural city; if the layout, environment, historical features, etc. of a historical and cultural town, street, or village are seriously damaged, the people's government of the province, autonomous region, or municipality directly under the Central Government shall revoke its title of historical and cultural block, village, or town; the responsible person in charge and other directly responsible persons shall be given administrative sanctions in accordance with the law.
Article 70 Anyone who commits any of the following acts, but does not constitute a crime, shall be ordered to make corrections by the cultural relics administrative department of the people's government at or above the county level, and may be fined not more than 20,000 yuan. If there are any illegal gains, the illegal gains shall be confiscated:
(1) The cultural relics collection unit fails to equip fire prevention, anti-theft, and natural damage prevention facilities in accordance with relevant national regulations;
(2) The legal representative of a state-owned cultural relics collection unit fails to follow the collection of cultural relics files when leaving office. Transferring cultural relics from the collection, or the transferred cultural relics are inconsistent with the archives of the collection;
(3) Donating, leasing or selling state-owned cultural relics to other units or individuals;
(4) Violating the rules Violating the provisions of Articles 40, 41, and 45 of this Law to dispose of cultural relics in state-owned collections;
(5) Violating the provisions of Article 43 of this Law to misappropriate or misappropriate the compensation fees earned from the legal allocation, exchange, or lending of cultural relics.
Article 71 If the purchase and sale of cultural relics prohibited by the state or the transfer, lease or pledge of cultural relics prohibited from export to foreigners does not constitute a crime, the cultural relics administrative department of the people's government at or above the county level shall order corrections and confiscate the illegal gains. If the illegal business volume exceeds 10,000 yuan, a fine of not less than two times but not more than five times the illegal business volume shall be imposed; if the illegal business volume is less than 10,000 yuan, a fine of not less than 5,000 yuan but not more than 20,000 yuan shall be imposed.
If a cultural relic store or auction enterprise commits any illegal act specified in the preceding paragraph, the cultural relics administrative department of the people's government at or above the county level shall confiscate the illegal income and illegally operated cultural relics. If the illegal business volume exceeds 50,000 yuan, a fine of not less than one time but not more than three times the illegal business volume shall be imposed; if the illegal business volume is less than 50,000 yuan, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed; if the circumstances are serious, the original licensing authority shall revoke the license.
Article 72 If any unauthorized establishment of a cultural relics store, an auction enterprise operating cultural relics auctions, or unauthorized commercial operation of cultural relics does not constitute a crime, the industrial and commercial administrative department shall stop it in accordance with the law, confiscate the illegal gains and illegally operated cultural relics, and if the illegal business turnover exceeds 50,000 yuan, a fine of not less than two times but not more than five times the illegal business turnover shall be imposed; if the illegal business turnover is less than 50,000 yuan, a fine of not less than 20,000 yuan but not more than 100,000 yuan shall be imposed.
Article 73 Under any of the following circumstances, the administrative department for industry and commerce shall confiscate illegal gains and illegally operated cultural relics. If the illegal business volume exceeds 50,000 yuan, a fine of not less than one time but not more than three times the illegal business volume shall be imposed; if the illegal business volume is less than 50,000 yuan, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed; if the circumstances are serious, the original licensing authority shall revoke the license. :
(1) Cultural relics stores are engaged in cultural relics auction business activities;
(2) Auction companies that operate cultural relics auctions are engaged in the purchase and sale of cultural relics;
(3) Cultural relics auctioned by auction companies have not been reviewed;
(4) Cultural relics collection units are engaged in commercial business activities of cultural relics.
Article 74 If any of the following acts is committed, but does not constitute a crime, the cultural relics administrative department of the people's government at or above the county level shall jointly recover the cultural relics together with the public security organs; if the circumstances are serious, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed:
(1) Failure to report or refuse to hand over the cultural relics discovered;
(2) Failure to hand over the selected cultural relics in accordance with regulations.
Article 75 Anyone who commits any of the following acts shall be ordered to make corrections by the cultural relics administrative department of the people's government at or above the county level:
(1) Changing the use of state-owned immovable cultural relics that have not been approved as cultural relics protection units and failing to report in accordance with the provisions of this law;
(2) Transferring or mortgaging non-state-owned cultural relics Immovable cultural relics or changing their uses without filing in accordance with the provisions of this Law;
(3) Users of state-owned immovable cultural relics refuse to perform repair obligations in accordance with the law;
(4) Archaeological excavation units conduct archaeological excavations without approval, or fail to truthfully report archaeological excavation results;
(5) The cultural relics collection unit fails to establish archives and management systems for cultural relics in the collection in accordance with relevant national regulations, or fails to record the archives and management systems for cultural relics in the collection;
(6) Violates the provisions of Article 38 of this Law and acquires cultural relics in the collection without approval;
(7) Failure to report the damage to cultural relics in the collection The cultural relics administrative department shall conduct verification and processing, or the cultural relics in the collection may be stolen, robbed or lost, and the cultural relics collection unit fails to report to the public security organ or cultural relics administrative department in a timely manner;
(8) Cultural relics stores selling cultural relics or auction companies auctioning cultural relics fail to make records in accordance with relevant national regulations or fail to report the records to the cultural relics administrative department for record.
Article 76: Staff members of cultural relics administrative departments, cultural relics collection units, cultural relics shops, and auction companies operating cultural relics auctions who commit any of the following acts shall be given administrative sanctions in accordance with the law. If the circumstances are serious, they shall be dismissed from public office or their professional qualifications shall be revoked in accordance with the law; if a crime is constituted, they shall be investigated for criminal responsibility in accordance with the law:
(1) Staff members of the cultural relics administrative department violate the provisions of this law, abuse their approval authority, fail to perform their duties, or fail to investigate and deal with illegal acts upon discovery, resulting in serious consequences. The consequences;
(2) staff of cultural relics administrative departments and state-owned cultural relics collection units borrow or illegally appropriate state-owned cultural relics;
(3) staff of cultural relics administrative departments hold or participate in organizing cultural relics shops or auction companies that operate cultural relics auctions;
(4) cultural relics protection units and precious cultural relics are damaged or lost due to irresponsibility;
(5) embezzlement or misappropriation of cultural relics protection funds.
Persons who are dismissed from public office or have their professional qualifications revoked in the preceding paragraph shall not serve as cultural relic managers or engage in cultural relic business activities within ten years from the date of being dismissed from public office or having their professional qualifications revoked.
Article 77 If any of the acts listed in Articles 66, 68, 70, 71, 74, and 75 of this Law are committed, and the person in charge and other persons directly responsible are state functionaries, they shall be given administrative sanctions in accordance with the law.
Article 78: If the public security organs, industrial and commercial administration departments, customs, urban and rural construction planning departments and other state agencies violate the provisions of this law and abuse their powers, neglect their duties, engage in malpractice for personal gain, and cause the damage or loss of precious cultural relics protected by the state, the responsible persons in charge and other directly responsible persons shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law.
Article 79: Cultural relics confiscated by the people's courts, people's procuratorates, public security organs, customs and industrial and commercial administrative departments in accordance with the law shall be registered and properly kept. After the case is concluded, they will be transferred to the cultural relics administrative department free of charge and collected by state-owned cultural relics collection units designated by the cultural relics administrative department.
Chapter 8 Supplementary Provisions
Article 80 This Law shall come into effect on the date of promulgation.
