Laws of the People's Republic of China

The Standing Committee of the National People's Congress

Order of the president of the People's Republic of China

No.76

The Law of the People's Republic of China on the Protection of Cultural Relics has been revised and adopted at the 30th meeting of the Standing Committee of the Ninth National Congress of the People's Republic of China on October 28, 2002, the revised Law of the People's Republic of China on the Protection of Cultural Relics is hereby promulgated and shall come into force on the day of promulgation.

President of the People's Republic of China Jiang Zemin

October 28, 2002

Law of the People's Republic of China on the Protection of Cultural Relics ContentsChapter I General Rules

Chapter II Unmovable Cultural Relics

Chapter III Archaeological Excavations

Chapter IV Cultural Relics in Collection of Cultural Institutions

Chapter V Cultural Relics in Civil Collection

Chapter VI Entry and Exit of Cultural Relics

Chapter VII Legal Responsibilities

Chapter VIII Supplementary Provisions

Chapter I General Rules

Article 1

With a view to strengthening the protection of cultural relics, inheriting the splendid historical and cultural legacy of the Chinese Nation, promoting the scientific research, conducting education in patriotism and revolutionary tradition, and building the socialist spiritual and material civilization, this Law is formulated in accordance with the Constitution.

Article 2

The state shall place under its protection, within the boundaries of the People's Republic of China, the following cultural relics:

(1)

Sites of ancient culture, ancient tombs, ancient architectural structures, cave temples, stone carvings and mural paintings that are of historical, artistic or scientific value;

(2)

Important historical sites, material objects and typical buildings of modern and contemporary times related to major historical events, revolutionary movements or famous people 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 as well as manuscripts, books and materials, etc., that are of historical, artistic or scientific value dating from various historical periods; 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 determination of cultural relics shall be formulated by the department of cultural relics administration under the State Council, which shall report such measures to the State Council for approval.

Fossils of paleo vertebrates and paleo anthropoids of scientific value shall be protected by the state in the same way as cultural relics.

Article 3

Unmovable cultural relics, such as sites of ancient culture, ancient tombs, ancient architectural structures, cave temples, stone carvings, mural paintings, and important historical sites and typical buildings of modern and contemporary times, etc., may be determined as major historical and cultural sites protected at the national level, historical and cultural sites protected at the province level and historical and cultural sites protected at the level of city or county.

Movable cultural relics, such as important material objects, artworks, documents, manuscripts, books and materials, and typical material objects, etc., are divided into valuable cultural relics and ordinary cultural relics; valuable cultural relics are divided into Grade 1 cultural relics, Grade 2 cultural relics and Grade 3 cultural relics.

Article 4

The principles of focus on protection, giving first place to rescue, reasonably utilization and strengthening the management shall be followed in the work concerning cultural relics protection.

Article 5

All cultural relics remaining underground or in the inland waters or territorial seas within the boundaries of the People's Republic of China shall belong to the state.

Sites of ancient culture, ancient tombs and cave temples shall belong to the state. Unmovable cultural relics, such as memorial buildings, ancient architectural structures, stone carvings, mural paintings and typical buildings of modern and contemporary times, etc. designated for protection by the state, shall belong to the state, unless it is otherwise provided by the state.

Ownership of state-owned unmovable cultural relics shall not be changed as a result of the change of ownership of or use right to the land to which the cultural relics are attached.

The following movable cultural relics shall belong to the state:

(1)

Cultural relics unearthed within China, except otherwise provided for by the state;

(2)

Cultural relics in the collection and preservation by collection entities of state-owned cultural relics, as well as other state organs, armed forces, state-owned enterprises and 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;

(5)

Other cultural relics owned by the state as provided for by the law.

Ownership of state-owned movable cultural relics shall not be changed as a result of the termination or alteration of the collection or preservation entities.

Ownership of state-owned cultural relics shall be protected by law and shall not be infringed upon.

Article 6

The ownership of memorial buildings, ancient architectural structures and cultural relics handed down from generation to generation that belong to collectives or individuals shall be protected by law. Owners of the cultural relics must abide by the relevant state regulations governing the protection and control of cultural relics.

Article 7

All government organs, public organizations and individuals have the obligation to protect cultural relics pursuant to law.

Article 8

The department of cultural relics administration under the State Council shall take charge of the work concerning cultural relics protection throughout the country.

Local people's governments at various levels shall be responsible for the work of protecting cultural relics in their respective administrative jurisdictions. The departments of local people's governments at and above the county level that undertakes the protection of cultural relics shall supervise and administrate cultural relics protection within their respective administrative jurisdictions.

The relevant administrative departments of local people's governments at and above the county level shall be responsible for the relevant cultural relics protection work within their respective scope of duties.

Article 9

The people's governments at various levels shall stress the protection of cultural relics, properly handle the relationship between economic construction, social development, and cultural relics protection, and ensure the safety of cultural relics.

Infrastructure constructions and tourism development must comply with the principles for the protection of cultural relics, and may not damage cultural relics.

Public security bodies, industry and commerce administrations, customs offices, urban and rural construction planning bodies and other relevant state organs shall earnestly perform their duties of cultural relics protection and maintain the order of cultural relics administration pursuant to law.

Article 10

The state develops the cause of cultural relics protection. The people's governments at and above the county level shall bring the cause of cultural relics protection into the national economic and social development planning of the corresponding levels, and the expenses needed shall be listed in the budgets of the government of corresponding levels.

The state financial allocation used in cultural relics protection shall be increased with the increase of financial revenue.

The public income of state-owned museums, memorials, and cultural relics protection entities shall be especially used in cultural relics protection, and no entity or individual may take into their own possession or misappropriate the fund.

The state encourages the establishment of social foundations for cultural relics protection, especially used in cultural relics protection, through donation and other forms, and no entity or individual may take into their own possession or misappropriate the fund.

Article 11

Cultural relics are non-renewable cultural resources. The state shall strengthens the propaganda and education on cultural relics protection, enhance the sense of cultural relics protection of the people, encourage the scientific research of cultural relics protection, and improve the scientific and technological level of cultural relics protection.

Article 12

The state shall give moral encouragement or material awards to entities or persons for any of the following performances:

(1)

Serious implementation of the laws and regulations concerning cultural relics and remarkable achievements in protecting cultural relics;

(2)

Resolute struggle against criminal acts in the interest of protecting cultural relics;

(3)

Donation of important cultural relics in one's own collection to the state or making donations for the cause of cultural relics protection;

(4)

Timely communication of information on, or delivery of, the cultural relics discovered, which facilitates their protection;

(5)

Major contribution in archaeological excavations.

(6)

Important inventions and innovations in, or other major contributions to, the science and techniques for the protection of cultural relics;

(7)

Meritorious service in rescuing cultural relics in danger of being destroyed; and

(8)

Long-time service and outstanding achievements in the field of cultural relics.

Chapter II Unmovable Cultural Relics

Article 13

The department of cultural relics administration under the State Council shall select, from among the historical and cultural sites protected at the levels of province, city and county, those of significant historical, artistic or scientific value as major historical and cultural sites protected at the national level, or shall directly designate such sites and report them to the State Council for approval and announcement.

Sites protected at the level of province shall be subject to the approval and announcement of the people's governments at the levels of province, autonomous region, and municipality directly under the Central Government, and be reported to the State Council for record.

Sites protected at the level of city and county shall be subject to the approval and announcement of the people's governments at the level of city divided into districts, autonomous prefecture and county, and be reported to the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government for record.

Unmovable cultural relics not approved and announced as protected historical and cultural sites shall be registered and announced by the departments of cultural relics administration of the people's governments at the county level.

Article 14

A city with an unusual wealth of cultural relics of high historical value and major revolutionary significance may be famous city of historical and cultural value, which shall be subject to the approval and announcement of the State Council.

A town, street, or village with an unusual wealth of cultural relics of high historical value and major revolutionary significance may be a street, village or towns of historical and cultural value, which shall be subject to the approval and announcement of the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government, and shall be reported to the State Council for record.

The local people's governments at and above the county level of the place where the famous cities, streets, villages and towns of historical and cultural value are located shall organize the formulation of plans on protection of those famous cities, streets, villages and towns, and bring that planning into the overall city planning.

Measures for the protection of famous cities, the streets, villages and towns of historical and cultural value shall be formulated by the State Council.

Article 15

The people's government of the provinces, autonomous regions, and municipalities directly under the Central Government and of cities and counties shall delimit the necessary scope of protection, put up signs and notices, and establish records and files for the historical and cultural sites protected at different levels and shall, in the light of different circumstances, establish special organs or assign full-time personnel to be responsible for the administration of these sites. The scope of protection and records and files for the major historical and cultural sites protected at the national level shall be reported by the departments of cultural relics administration of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government to the department of cultural relics administration under the State Council for record.

The departments of cultural relics administration of the local people's governments at and above the county level shall, according to the demand for protecting different cultural relics, work out specific protective measures for the unmovable cultural relics of the protected historical and cultural sites and those not approved as protected sites, and shall announce and implement such measures.

Article 16

When drawing up plans for urban and rural construction, the people's governments at various levels must, according to the needs of cultural relics protection, see to it that the protective measures for the historical and cultural sites protected at different levels are first worked out through consultation by the departments of urban and rural construction planning in conjunction with the departments of cultural relics administration, and that such measures are included in the plans.

Article 17

No additional construction projects or operations such as explosion, drilling or excavation, etc. may be undertaken within the scope of protection of a protected historical and cultural site. However, if additional construction projects or operations such as explosion, drilling or excavation need to be undertaken within the scope of protection of such a site due to special reasons, the safety of the site must be guaranteed, and approval must be obtained from the people's government which made the original approval and announcement on the designation of the site, with consent first obtained from the department of cultural relics administration of the people's government at the next higher level; If additional construction projects or operations such as explosion, drilling or excavation are to be undertaken within the scope of protection of a major historical and cultural site protected at the national level, approval must be obtained from the people's government of the relevant province, autonomous region, or municipality directly under the Central Government, with consent first obtained from the department of cultural relics administration under the State Council.

Article 18

According to the actual needs for the protection of cultural relics and with the approval of the people's government of the province, autonomous region or municipality directly under the Central Government, a certain area for construction control may be delimited around a protected historical and cultural site and be announced.

Construction projects in such an area shall not deform the historical features of the protected historical and cultural site; the project design scheme must, according to the level of the site, be subject to the consent of the corresponding department of cultural relics administration before it is submitted to the department of urban and rural construction planning for approval.

Article 19

Within the scope of protection and the area for construction control of a protected historical and cultural site, no facility that pollutes the site and the environment thereof may be constructed, neither may any activity that may affect the safety and environment of that site be carried out. The existing facilities that pollute protected historical and cultural sites and the environment thereof shall be disposed of within the prescribed time limits.

Article 20

Unmovable cultural relics shall be avoided in the choosing of construction sites by whatever possible means; if a protected historical and cultural site can't be avoided for special circumstances, the original site shall be protected by whatever possible means.

Where the original site is to be protected, the construction entity shall work out protective measures in advance, and, according to the level of the protected historical and cultural site, submit such measures to the corresponding department of cultural relics administration for approval, and shall list the protective measures in the feasibility study report or the planning project description.

Where the original site can't be protected and removal for protection in other place or dismantling must be carried out, the matter shall be submitted for approval to the people's government of the province, autonomous region or municipality directly under the Central Government; for removal or dismantling of a historical and cultural site protected at the provincial level, consent of the department of cultural relics administration under the State Council must be obtained before the matter is submitted for approval. No major historical and cultural site protected at the national level may be dismantled, if it is needed to remove such a site, the people's government of the province, autonomous region or municipality directly under the Central Government shall submit the matter to the State Council for approval.

Mural paintings, sculptures, and construction components that are included in state-owned unmovable cultural relics dismantled pursuant to the preceding paragraph and that have collection values shall be collected by the cultural relics collection entities designated by the departments of cultural relics administration.

The expenses needed for protection of the original site, for removal and dismantling provided for in this article shall be listed in the project budget of the construction entity.

Article 21

Repairs and maintenance of state-owned unmovable cultural shall be taken care of by the users, and repairs and maintenance of non-state-owned cultural relics shall be taken care of by the owners. Where any non-state-owned cultural relics are in danger of being damaged and the owner is incapable of repairing, the local people's government shall give assistance; where the owner is capable of repairing but refuses to perform the repair obligation, the people's government at or above the county level shall rescue and repair the culture relics, and the expenses incurred thereby shall be borne by the owner.

Repairing of a protected historical and cultural site shall be submitted for approval to the corresponding department of cultural relics administration according to the site's level; repairing of unmovable culture relics which haven't been determined as protected historical and culture sites shall be submitted for approval to the department of cultural relics administration of the people's governments at the county level which accepted the registration.

Repairing, removal and reconstruction of a protected historical and culture site shall be undertaken by an entity with the qualification certificate for cultural relics project.

The principle of keeping the cultural relics in their original state must be adhered to in the repairing, maintenance and removal of unmovable cultural relics.

Article 22

Where unmovable cultural relics have been ruined completely, the relics ruins shall be protected, and no reconstruction shall be conducted on the original site. However, if it is necessary to reconstruct on the original site for special circumstances, the department of cultural relics administration of the people's government of the province, autonomous region, or municipality directly under the Central Government shall, after obtaining consent from the department of cultural relics administration under the State Council, submit for approval to the people's government of the province, autonomous region, or municipality directly under the Central Government; where it is necessary to reconstruct on the original site of a major historical and cultural site protected at the national level, the people's government of the province, autonomous region, or municipality directly under the Central Government shall report to the State Council for approval.

Article 23

If it is necessary to use a memorial building or an ancient architectural structure owned by the state at a place designated as a protected historical and cultural site for purposes other than the establishment of a museum, a cultural relics preservation institute or a tourist site, the department of cultural relics administration of the people's government that originally approved and announced the said site shall, after obtaining the consent of the department of cultural relics administration at the next higher level, submit for approval to the people's government which originally approved and announced the designation of the site; if it is necessary to use for other purposes a major historical and cultural site protected at the national level, the matter shall be submitted by the people's government of the province, autonomous region, or municipality directly under the Central Government to the State Council for approval. If it is necessary to use for other purposes any unmovable cultural relics not defined as a protected historical and cultural site, the matter shall be reported to the department of cultural relics administration of the people's government at the county level.

Article 24

State-owned unmovable cultural relics may not be transferred or mortgaged. A state-owned protected historical and cultural site, on which a museum, preservation institute is established or which is used as a tourist site, may not be operated as the assets of an enterprise.

Article 25

Non-state-owned unmovable cultural relics may not be transferred or mortgaged to foreigners.

Where any non-state-owned unmovable cultural relics are transferred, mortgaged, or the use thereof is changed, the matter shall be submitted to the corresponding department of cultural relics administration for record; if the repairing receives financial aid from the local people's government, the matter shall be submitted to the corresponding department of cultural relics administration for approval.

Article 26

Those using unmovable cultural relics must observe the principle of keeping the cultural relics in their original state, be responsible for the safety of the buildings and of the affiliated cultural relics, and may not damage, reconstruction, extend or dismantle them.

With respect to the constructions and structures that harm the safety of protected historical and cultural sites and damage the historical features of such sites, the local people's government shall investigate and deal with the matter without delay, and shall remove or dismantle the said constructions and structures if necessary.

Chapter III Archaeological Excavations

Article 27

The procedure of submitting reports for approval must be performed for all archaeological excavations; entities engaging in archaeological excavations shall be subject to the approval of the department of cultural relics administration under the State Council.

No entity or individual may conduct excavations of cultural relics buried underground without permission.

Article 28

To conduct archaeological excavations for the purpose of scientific research, entities undertaking the excavations shall submit their excavation plans to the department of cultural relics administration under the State Council for approval; archaeological excavation plans which have to be carried out at major historical and cultural sites protected at the national level shall be submitted to the department of cultural relics administration under the State Council for examination before they are forwarded to the State Council for approval. The department of cultural relics administration under the State Council shall, before granting approval or making examination, seek opinions from social science research institutions and other scientific research institutions and the relevant experts.

Article 29

Before carrying out a large-scale capital construction project, the construction entity shall first request the department of cultural relics administration of the province, autonomous region or municipality directly under the Central Government to organize entities which engage in archaeological excavations to conduct archaeological investigation or prospecting related to cultural relics at places where such relics may be buried underground within the area designated for the project.

If cultural relics are discovered in the course of archaeological investigation and prospecting, protective measures should be jointly decided upon by the department of cultural relics administration of the province, autonomous region or municipality directly under the Central Government together with the construction entity through consultation; in case of important discoveries, the department of cultural relics administration of the province, autonomous region or municipality directly under the Central Government shall submit timely reports for handling to the department of cultural relics administration under the State Council.

Article 30

With regard to archaeological excavations which have to be carried out along with a construction project, the department of cultural relics administration of the province, autonomous region or municipality directly under the Central Government shall submit an excavation plan based on the prospecting to the department of cultural relics administration under the State Council for approval. The department of cultural relics administration under the State Council shall, before granting approval, seek opinions from social science research institutions and other scientific research institutions and the relevant experts.

In case the time limit for completing the project is pressing or it is in danger of natural damage so that it is truly urgent to rescue the sites of ancient culture and ancient tombs, the department of cultural relics administration of the people's government of the province, autonomous region or municipality directly under the Central Government may organize excavations while going through the procedures for examination and approval.

Article 31

The expenses needed for the archaeological investigations, prospecting and excavations which have to be carried out because of capital construction or construction for productive purposes shall be included in the project budget of the construction entity.

Article 32

In construction projects or agricultural production, any entity or individual that discovers cultural relics shall protect the scene and immediately report the discoveries to the local department of cultural relics administration, which shall hurriedly go to the scene upon receipt of the report if there are no special circumstances, and shall give opinions on handling within 7 days; discoveries of important cultural relics shall be immediately reported to the department of cultural relics administration under the State Council, which shall give opinions on handling within 15 days from the day of receipt of the report.

Cultural relics discovered pursuant to the preceding paragraph shall belong to the state, and no entity or individual may take into its or his own possession, secretly share or hide them.

Article 33

No foreigner or foreign organization may engage in archaeological investigations, prospecting or excavations within the boundaries of the People's Republic of China without the special permission granted by the State Council on the basis of the report from the department of cultural relics administration under the State Council.

Article 34

The results of archaeological investigations, prospecting or excavations shall be reported to the department of cultural relics administration under the State Council and the departments of cultural relics administration of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government

Cultural relics excavated shall be registered and appropriately kept, and be transferred to state-owned museums, libraries or other state-owned cultural relics collection entities designated by the departments of cultural relics administration of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government, or by the department of cultural relics administration under the State Council. Upon the approval of the departments of cultural relics administration of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government, or the department of cultural relics administration under the State Council, the entities undertaking archaeological excavations may keep small amount of unearthed cultural relics as samples for scientific research.

No entity or individual may take any of the cultural relics excavated into its or his own possession.

Article 35

With a view to ensuring the safety of cultural relics, conducting scientific research and making full use of cultural relics, the departments of cultural relics administration of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government may, upon the approval of the people's governments at the corresponding level, transfer and use the cultural relics unearthed within their respective administrative jurisdictions; the department of cultural relics administration under the State Council may, upon the approval of the State Council, transfer and use major cultural relics unearthed anywhere in the country.

Chapter IV Cultural Relics in the Institution Collection

Article 36

Museums, libraries and other institutions as well as other cultural relics collection entities must classify the cultural relics in their collection by different grades, compile files for the relics kept thereby, establish a strict system of control and report for record with the competent departments of cultural relics administration.

Departments of cultural relics administration of the local people's governments at and above the county level shall compile files for the cultural relics in the collection of cultural institutions within their respective administrative jurisdictions; the department of cultural relics administration under the State Council shall compile files for Grade 1 cultural relics of the state and for the cultural relics in the collection of state-owned cultural relics collection entities governed by it.

Article 37

A cultural relics collection entity may obtain culture relics through the following methods:

(1)

Purchasing;

(2)

Accepting donations;

(3)

Exchanging according to law;

(4)

Other methods provided for by laws and administrative regulations.

A collection entity of state-owned cultural relics may also obtain culture relics by designated keeping or allocation by the departments of cultural relics administration.

Article 38

A cultural relics collection entity shall, according to the needs of protection of the cultural relics in its collection, establish and perfect the system of control pursuant to the relevant state regulations, and put on record with the competent department of cultural relics administration. No entity or individual may obtain any cultural relics in institution collection without approval.

The legal representative of a cultural relics collection entity shall be responsible for the safety of the cultural relics in institution collection. Where the legal representative of a state-owned cultural relics collection entity leaves the post, he shall go through the procedures for handover of the cultural relics in institution collection according to the files thereof.

Article 39

The department of cultural relics administration under the State Council may allocate state-owned cultural relics in institution collection throughout the country. The departments of cultural relics administration of the people's government of the provinces, autonomous regions, and municipalities directly under the Central Government may allocate the cultural relics in collection of state-owned culture relics collection entities governed by them within their respective administrative jurisdictions; allocation of Grade 1 state-owned cultural relics in institution collection shall be put on record with the department of cultural relics administration under the State Council.

A collection entity of state-owned cultural relics may apply for allocation of state-owned cultural relics in institution collection.

Article 40

Cultural relics collection entities shall make full use of the cultural relics in their collection, and, by holding exhibitions and conducting scientific research, etc., strengthen the propaganda and education of the splendid historical culture and revolutionary traditions of the Chinese Nation.

Borrowing of culture relics in institution collection between collection entities of state-owned cultural relics for the purpose of exhibitions or scientific research shall be reported to the competent departments of cultural relics administration for record; borrowing of Grade 1 cultural relics in institution collection shall be subject to approval of the department of cultural relics administration under the State Council.

Where collection entities of non-state-owned cultural relics or other entities borrow state-owned culture relics in institution collection, they shall report to the competent departments of cultural relics administration for approval; borrowing of Grade 1 state-owned culture relics in institution collection shall be subject to the approval of the department of cultural relics administration under the State Council.

The period for borrowing cultural relics between cultural relics collection entities may not exceed 3 years at maximum.

Article 41

Collection entities of state-owned cultural relics which have compiled files of the cultural relics in their collection may exchange their cultural relics with other collection entities of state-owned cultural relics upon the approval of the departments of cultural relics administration of the people's government of the provinces, autonomous regions, and municipalities directly under the Central Government, and shall put on record with the department of cultural relics administration under the State Council; exchange of Grade 1 cultural relics in institution collection must be subject to the approval of the department of cultural relics administration under the State Council.

Article 42

Collection entities of state-owned cultural relics which haven't compiled files of the cultural relics in their collection may not dispose of those cultural relics pursuant to Articles 40 and 41 of this Law.

Article 43

Cultural relics collection entities that obtain cultural relics by allocation, exchange and borrowing of state-owned culture relics in institution collection according to law may give reasonable compensation to the cultural relics collection entities supplying the cultural relics, specific measures for administration thereof shall be formulated by the department of cultural relics administration under the State Council.

The compensation obtained by collection entities of state-owned cultural relics for allocation, exchange and lending of cultural relics must be used in improving the preservation conditions and collection of new cultural relics, and use for other purposes is not allowed; no entity or individual may take the fund into its or his own possession.

The cultural relics allocated, exchanged and borrowed must be strictly kept, and may not be lost and damaged.

Article 44

Collection entities of state-owned cultural relics are prohibited from presenting, leasing or selling cultural relics in their collection to other entities or individuals.

Article 45

Measures for disposition of the cultural relics no longer in the collection of state-owned cultural relics collection entities shall be formulated by the State Council separately.

Article 46

The original state of cultural relics in institution collection shall not be changed in repairing; no damages may be caused to cultural relics in institution collection in reproduction, photographing or carving on rubbings. The specific measures for administration shall be formulated by the State Council.

Repairing, reproduction, photographing and carving on rubbings unmovable cultural relics shall be governed by the preceding paragraph.

Article 47

Museums, libraries and other entities collecting cultural relics shall be equipped with facilities for fire control, theft prevention and prevention of natural damages pursuant to the relevant provisions of the state, to ensure the safety of the cultural relics in institution collection.

Article 48

Damages of Grade 1 cultural relics in institution collection shall be reported to the department of cultural relics administration under the State Council for investigation and handling. Damages of other cultural relics in institution collection shall be reported to the departments of cultural relics administration of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government for investigation and handling, and the said departments shall report the results of the investigation and handling to the department of cultural relics administration under the State Council for record.

If any cultural relics in institution collection have been stolen, robbed or lost, the cultural relics collection entity shall immediately report the case to the pubic security body, and report to the competent department of cultural relics administration at the same time.

Article 49

Staff members of the departments of cultural relics administration and state-owned cultural relics collection entities may not borrow any of the state-owned cultural relics, neither may they illegally take any of them into their own possession.

Chapter V Cultural Relics in Civil Collections

Article 50

Citizens, legal persons and other organizations other than cultural relics collection entities may collect the cultural relics obtained through the following methods:

(1)

Legal inheritance or accepting donations;

(2)

Purchasing from cultural relics shops;

(3)

Purchasing from enterprises undertaking cultural relics auctions;

(4)

Exchanging or transferring cultural relics legally owned by individual citizens pursuant to law;

(5)

Other legal methods provided for by the state.

Cultural relics, prescribed in the preceding paragraph, that are collected by citizens, legal persons and other organizations other than cultural relics collection entities may be circulated pursuant to law.

Article 51

Citizens, legal persons and other organizations may not trade any of the following cultural relics:

(1)

State-owned cultural relics, except those of which trading is permitted by the state;

(2)

Non-state-owned valuable cultural relics in institution collection;

(3)

Mural paintings, sculptures and construction components, etc. included in state-owned unmovable culture relics, however, with the exception of the mural paintings, sculptures and construction components, etc. included in state-owned unmovable culture relics that have been dismantled pursuant to law, and those that don't fall within the range of cultural relics which shall be collected by culture relics collection entities as provided for in Item 4) of Article 20 of this Law;

(4)

Cultural relics of which the sources don't conform to Article 50 of this Law.

Article 52

The state encourages citizens, legal persons and other organizations other than cultural relics collection entities to donate the cultural relics they collect to collection entities of state-owned cultural relics or lend them to cultural relics collection entities for exhibition and research.

Collection entities of state-owned cultural relics shall respect and follow the will of the donators, and appropriately collect, keep and display the donated cultural relics.

Cultural relics prohibited by the state from exiting China may not be transferred, leased or pledged to foreigners.

Article 53

Cultural relics shops shall be established upon the approval of the department of cultural relics administration under the State Council or the departments of cultural relics administration of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government, and be run pursuant to law.

Cultural relics shops may not engage cultural relics auctions, neither may them establish auction enterprises engaging in cultural relics auctions.

Article 54

Auction enterprises established pursuant to law that engage in cultural relics auctions shall obtain a permit for cultural relics auction issued by the department of cultural relics administration under the State Council.

Auction enterprises engaging in cultural relics auctions may not purchase or sell any of the cultural relics, neither may they establish cultural relics shops.

Article 55

Functionaries of the departments of cultural relics administrations may not initiate or participate in the initiation of cultural relics shops or auctions enterprises engaging in cultural relics auctions.

Cultural relics collection entities may not initiate or participate in the initiation of cultural relics shops or auctions enterprises engaging in cultural relics auctions.

It is prohibited to establish Chinese-foreign equity joint, Chinese-foreign contractual joint or solely foreign-funded cultural relics shops or auctions enterprises engaging in cultural relics auctions.

Except the approved cultural relics shops or auctions enterprises engaging in cultural relics auctions, no other entity or individual may engage in the business activities concerning cultural relics.

Article 56

Cultural relics for sale by cultural relics shops shall be examined before sale by the departments of cultural relics administration of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government, which shall mark those permitted for sale.

Cultural relics for auction by auction enterprises shall be examined before auction by the departments of cultural relics administration of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government, and reported to the department of cultural relics administration under the State Council for record; those that the departments of cultural relics administration of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government can't determine whether can be auctioned shall be submitted to the department of cultural relics administration under the State Council for examination.

Article 57

When cultural relics shops purchase and sell cultural relics or auction enterprises auction cultural relics, they shall make records pursuant to the relevant state provisions, and put on record with the departments of cultural relics administration that originally made the examination.

If the trustor or buyer requests his identification to be kept confidential in the auction of cultural relics, the department of cultural relics administration shall do so, unless it is otherwise provided for by laws and administrative regulations.

Article 58

In examination of cultural relics to be auctioned, the departments of cultural relics administration may designate collection entities of state-owned cultural relics to purchase the valuable cultural relics among those examined by priority. The purchase price shall be determined by the representative of the cultural relics collection entity and the trustor of the cultural relics thorough negotiation.

Article 59

Banks, smelting plants, paper plants and recycling entities of waste and old materials shall, jointly with the local departments of cultural relics administration, be responsible for sorting out cultural relics from among gold and silver wares and waste materials. The cultural relics thus obtained, except for coins and other kinds of currency of past ages that are needed by research of the banks and that may be kept by the banks, shall be turned over to the local departments of cultural relics administration. Reasonable compensation shall be made for turning over the cultural relics sorted out.

Chapter VI Entry and Exit of Cultural Relics

Article 60

State-owned cultural relics, valuable non-state owned cultural relics and other cultural relics prohibited from exiting the boundary by the state may not be taken out of China, except those taken out of China for exhibitions pursuant to this Law or upon the approval of the State Council for special needs.

Article 61

Exit of cultural relics shall be subject to the examination of the cultural relics entry and exit examination body designated by the department of cultural relics administration under the State Council. The department of cultural relics administration under the State Council shall issue a permit for cultural relics exit to those permitted to exit China after examination, and those cultural relics shall exit China from the port designated by the department of cultural relics administration under the State Council.

Any entities or individuals that transport, mail or carry cultural relics out of China shall make declarations to the customs; which shall release the cultural relics on the basis of the permit for cultural relics exit.

Article 62

Exit of cultural relics for exhibition shall be reported to the department of cultural relics administration under the State Council for approval; if the quantity of Grade 1 cultural relics exceeds that provided for by the State Council, the exit shall be reported to the State Council for approval.

Unique items and fragile items among Grade 1 cultural relics are prohibited from exiting China for exhibition.

Exit of cultural relics for exhibition shall be subject to the examination and registration of the cultural relics entry and exit examination body. The customs shall release the cultural relics on the basis of the documents of approval of the department of cultural relics administration under the State Council or of the State Council. Re-entry of cultural relics that have been taken out of China for exhibition shall be subject to the examination and verification of the cultural relics entry and exit examination body that originally made the examination.

Article 63

Declaration shall be made to the customs for temporary entry of cultural relics, and the entry shall be reported to the cultural relics entry and exit examination body for examination and registration.

Re-exit of cultural relics that have been taken into China temporarily shall be subject to the examination and verification of the cultural relics entry and exit examination body that originally made the examination and registration; if no error is found through the examination and verification, the department of cultural relics administration under the State Council shall issue a permit for cultural relics exit, and the customs shall release the cultural relics on the basis of that permit.

Chapter VII Legal Responsibilities

Article 64

If any of the following acts is committed and a crime is constituted, the offender shall be subject to criminal liabilities according to law:

(1)

Excavating sites of ancient culture or ancient tombs without permission;

(2)

Willfully or negligently damaging valuable cultural relics under state protection;

(3)

Selling or privately giving state-owned cultural relics in institution collection to non-state-owned entities or individuals as presents without authorization;

(4)

Privately selling or giving valuable cultural relics prohibited by the state from exiting China to foreigners as presents;

(5)

Unlawfully trading for profit cultural relics prohibited from business operations by the state;

(6)

Smuggling cultural relics;

(7)

Sealing, plundering, secretly sharing or illegally taking state-owned cultural relics into possession;

(8)

Other acts hampering the administration of cultural relics which shall be subject to criminal liabilities.

Article 65

Any one who violates the present Law by causing losses of or damages to cultural relics shall bear civil liabilities pursuant to law.

Any one who violates the present Law by committing acts against public security administration shall be given administrative punishments concerning public security.

Where any one who violates the present Law by smuggling, but the case is not serious enough to constitute a crime, the customs shall punish him pursuant to the relevant laws and regulations.

Article 66

For those committing any of the following acts and the case is not serious enough to constitute a crime, the department of cultural relics administration of the people's governments at and above the county level shall order the offender to get right, and impose on them a fine ranging from RMB 50,000 to RMB 500,000 if serious consequences are caused. The original certificate-issuing body shall revoke the qualification certificate if the circumstances are serious:

(1)

Undertaking construction projects or operations such as explosion, drilling or excavation within the scope of protection of a protected historical and cultural site;

(2)

Undertaking construction projects within the area for construction control of a protected historical and cultural site without obtaining consent from the department of cultural relics administration for the design scheme and submitting the scheme to the urban and rural construction planning body for approval, and thus damaging the historical features of the said site;

(3)

Removing or dismantling unmovable cultural relics without authorization;

(4)

Repairing unmovable cultural relics without authorization and markedly changing the original state of the culture relics;

(5)

Reconstructing unmovable cultural relics, which have been completely ruined, on the original site without authorization, and causing damages to the cultural relics;

(6)

Construction entities' repairing, removing or reconstructing culture relics without obtaining qualification certificate for cultural relics protection project.

For those carving, bedaubing or damaging culture relics without serious circumstances, or those damaging the marks and signs of protected historical and cultural sites set up pursuant to Paragraph 1 of Article 15 , the public security bodies or the entities to which the cultural relics belong shall give them a warning and may impose on a fine concurrently.

Article 67

For those constructing facilities polluting a protected historical and cultural site and the environment thereof within the scope of protection or the area for construction control of that site, or those failing to finish treatment within the prescribed time limit of the existing facilities that pollute a protected historical and cultural site and the environment thereof, the departments of environment protection administration shall give them punishments pursuant to the relevant laws and administrative regulations.

Article 68

For those committing any of the following acts, the departments of cultural relics administration of the people's governments at and above the county level shall order them to get right, confiscate the illegal proceeds, if the illegal proceeds are more than RMB 10,000, a fine of more than 2 times but less than 5 times the illegal gains shall be imposed on concurrently; if the illegal proceeds are less than RMB 10,000, a fine of ranging from 5 RMB 5,000 to RMB 20,000 shall be imposed on concurrently:

(1)

Transferring or mortgaging state-owned unmovable cultural relics, or operating state-owned unmovable cultural relics as enterprise assets;

(2)

Transferring or mortgaging non-state-owned unmovable cultural relics to foreigners;

(3)

Changing the use of a state-owned historical and cultural site without authorization.

Article 69

If the layout, environment, or historical features of a famous historical and cultural city have been seriously damaged, the State Council shall cancel its title as a famous historical and cultural city; if the layout, environment, or historical features of a famous historical and cultural town, street or village layout, environment, or historical features of a famous historical and cultural, the people's government of the relevant province, autonomous region, or municipality directly under the Central Government shall cancel its title as historical and cultural town, street or village; the responsible personnel in charge and other directly responsible personnel shall be given administrative sanctions pursuant to law.

Article 70

For those committing any of the following acts, if the case is not serious enough to constitute a crime, the department of cultural relics administration of the people's government at or above the county level shall order the offender to correct and may impose on it a fine of less than RMB 200,000 concurrently. If there are any illegal proceeds, such proceeds shall be confiscated:

(1)

A cultural relics collection entity fails to be equipped with the facilities for fire control, theft prevention, and prevention of natural damages pursuant to the relevant state provisions;

(2)

When leaving the post, the legal representative of a collection entity of state-owned cultural relics fails to hand over the cultural relics in collection according to the files thereof, or the cultural relics handed over are not in accordance with the files;

(3)

Presenting, releasing or selling state-owned cultural relics in institution collection to other entities or individuals;

(4)

Disposing of state-owned cultural relics in institution collection in violation of Articles 40, 41 and 45 of this Law;

(5)

Embezzling or misappropriating, in violation of Article 43 of this Law, the compensation obtained for allocation, exchange or lending of cultural relics pursuant to law.

Article 71

For those trading cultural relics prohibited by the state from trading, or transferring, leasing or pledging cultural relics prohibited from exiting China to foreigners, if the case is not serious enough to constitute a crime, the departments of cultural relics administration of the people's governments at and above the county level shall order the offender to get right, confiscate the illegal proceeds, and if the illegal business income is more than RMB 10,000, may impose on a fine of more than 2 times but less than 5 times the illegal business income concurrently; if the illegal business income is less than RMB 10,000, may impose on a fine ranging from RMB 5,000 to RMB 20,000 concurrently.

Article 72

For those, without authorization, establishing cultural relics shops or auction enterprises engaging in cultural relics auctions, or engaging in business activities concerning cultural relics, if the case is not serious enough to constitute a crime, the department of industry and commerce administration shall stop such acts, confiscate the illegal proceeds and the cultural relics illegally operated, and if the illegal business income is more than RMB 50,000, impose on a fine of more than 2 times but less than 5 times the illegal business income concurrently; if the illegal business income is less than RMB 50,000, impose on a fine ranging from RMB 20,000 to RMB 100,000 concurrently.

Article 73

In any of the following cases, the department of industry and commerce administration shall stop the acts, confiscate the illegal proceeds and the cultural relics illegally managed, and if the illegal business income is more than RMB 50,000, impose on a fine of more than 1 time but less than 3 times the illegal business income concurrently; if the illegal business income is less than RMB 50,000, impose on a fine ranging from RMB 5,000 to RMB 50,000 concurrently; if the circumstances are serious, the original certificate-issuing body shall revoke the permit:

(1)

A cultural relics shop undertakes cultural relics auctions;

(2)

An auction enterprise engaging in cultural relics auctions undertakes purchase and sale of cultural relics;

(3)

The cultural relics for sold by a cultural relics shop or the cultural relics auctioned by an auction enterprises haven't been examined;

(4)

A cultural relics collection entity engages in business activities concerning cultural relics.

Article 74

If any of the following acts is committed and the case is not serious enough to constitute a crime, the department of cultural relics administration of the people's government at or above the county level shall, in conjunction with the public security body, recover the cultural relics; if the circumstances are serious, a fine ranging from RMB 5,000 to RMB 500,000 shall be imposed:

(1)

Concealing and not reporting the cultural relics discovered or refusing to turn over such cultural relics;

(2)

Failing to hand over or sort out cultural relics pursuant to the provisions.

Article 75

If any of the following acts is committed, the department of cultural relics administration of the people's government at or above the county level shall order the offender to get right:

(1)

Failing to report the change of the use of unmovable cultural relics, which haven't been defined as a protected historical and cultural site, pursuant to this Law;

(2)

Failing to put on record the transfer, pledge of non-state-owned unmovable cultural relics or the change of use thereof pursuant to this Law;

(3)

User of state-owned unmovable cultural relics refusing to perform the obligation of repairing pursuant to law;

(4)

Archaeological excavation entity conducting archaeological excavations without permission or failing to faithfully report the results of archaeological excavations;

(5)

Cultural relics entity failing to compile files of the cultural relics in its collection, to establish the system of control, or failing to put on record the files of cultural relics in its collection or the system of control pursuant to the relevant state provisions;

(6)

Transferring and using cultural relics in institution collection without approval in violation of Article 38 of this Law;

(7)

Failing to report the damage of cultural relics in institution collection to the department of cultural relics administration for verification and handling, or the cultural relics collection entity failing to immediately report the theft, rubbery or lose of cultural relics in institution collection to the public security body or the department of cultural relics administration;

(8)

In sale or auction of cultural relics, a cultural relics shop or auction enterprise failing to make records or failing to put on record the records made with the department of cultural relics administration.

Article 76

If the staff members of the departments of cultural relics administration, cultural relics collection entities, cultural relics shops and auction enterprises engaging in cultural relics auctions commit any of the following acts, they shall be given administrative sanctions. If the circumstances are serious, they shall be removed from their office or their practice qualifications shall be revoked pursuant to law. If any crime is constituted, they shall be subject to criminal liabilities:

(1)

Any staff member of the departments of cultural relics administration, in violation of this Law, abuses his power of examination and approval, fails to perform their duties or to investigate and punish the illegal acts found out, and thus cause serious consequences:

(2)

Staff members of the departments of cultural relics administration and state-owned cultural relics collection entities borrow or illegally take into their own possession state-owned cultural relics;

(3)

Staff members of the departments of cultural relics administration initiate or participate in the initiation of cultural relics shops or run auction enterprises engaging in cultural relics auctions;

(4)

Causing damages to protected historical and cultural sites or lose of valuable cultural relics due to irresponsibility;

(5)

Embezzling or misappropriating cultural relics protection funds.

The personnel who are removed from office or whose practice qualification are revoked pursuant to the preceding paragraph may not assume as cultural relics administration personnel or engage in business operations concerning cultural relics within 10 years from the day of dismissal from office or revocation of practice qualification.

Article 77

In case of any of the acts listed in Articles 66, 68, 70, 71, 74 and 75 of this Law, if the responsible personnel in charge and other directly responsible personnel are state functionaries, they shall be given administrative sanctions pursuant to law.

Article 78

If the public security bodies, industry and commerce administrations, customs, urban and rural construction planning bodies and other state organs, in violation of this Law, abuse their powers, neglect their duties, seek private benefits through wrongful means, and thus cause damages to or lose of precious cultural relics under state protection, the responsible personnel in charge and other directly responsible personnel shall be given administrative sanctions; if a crime is constituted, they shall be subject to criminal liabilities pursuant to law.

Article 79

The people's courts, people's procuratorates, public security bodies, customs and industry and commerce administrations shall register and list the cultural relics they confiscate, keep them appropriately, and, after the cases are concluded, hand them over free of charge to the departments of cultural relics administration, which shall designate collection entities of state-owned cultural relics to collect them.

Chapter VIII Supplementary Provisions

Article 80

This Law shall come into force on the day of promulgation.