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Implementing Regulations of the People's Republic of China on the Protection of Cultural Relics
Chapter I General provisions
Article 1 These Implementing Regulations are formulated in accordance with the Law of the People's Republic of China on the Protection of Cultural Relics (hereinafter referred to as the Law of Cultural Relics)。
Article 2 The State special subsidies for the protection of key cultural relics and the local special funds for the protection of cultural relics shall be jointly administered by the administrative departments for cultural relics, the investment departments and the financial departments of the people's governments at or above the county level in accordance with the relevant provisions of the State。No unit or individual may seize or misappropriate it。
Article 3 The institutional income of state-owned museums, memorial halls and cultural relics protection units shall be used for the following purposes:
Article 4 The administrative departments for cultural relics and the administrative departments for education, science and technology, press, publication, radio and television shall do a good job in publicity and education for the protection of cultural relics。
Article 5 The department in charge of cultural relics administration under The State Council and the departments in charge of cultural relics administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate scientific and technological research plans for cultural relics protection, take effective measures to promote the popularization and application of scientific and technological achievements in cultural relics protection and raise the scientific and technological level of cultural relics protection。
Article 6 Units or individuals that have performed any of the deeds listed in Article 12 of the Law on Cultural Relics shall be given moral encouragement or material rewards by the people's governments and their departments in charge of cultural relics administration and relevant departments。
Chapter II Immovable Cultural Relics
Article 7 Famous historical and cultural cities shall be submitted to The State Council for approval and publication by the competent administrative department for construction under The State Council in conjunction with the competent administrative department for cultural relics under The State Council。 Historical and cultural blocks, villages and towns shall be submitted to the people's government at the corresponding level for approval and promulgation by the administrative department of urban and rural planning of the people's government of the province, autonomous region or municipality directly under the Central Government in conjunction with the administrative department of cultural relics。 Plans for the protection of famous historical and cultural cities, historical and cultural blocks, towns and villages organized by local people's governments at or above the county level shall meet the requirements for the protection of cultural relics。
Article 8 Within one year from the date of approval and promulgation of key national cultural relics protection units and provincial cultural relics protection units, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall delimit the necessary scope of protection, make signs and descriptions, set up records and archives, and set up special agencies or designate special persons to be responsible for their management。 Within one year from the date of verification and announcement of the cultural relics protection units divided into districts at the city, autonomous prefecture or county level, the people's government of the people's government that has confirmed and approved the announcement of the cultural relics protection units shall delimit the scope of protection, make signs and explanations, set up records and archives, set up special agencies or designate special persons to be responsible for management。
Article 9 The scope of protection of a cultural relic protection unit refers to the area under special protection for the body of the cultural relic protection unit and a certain area around it。 The scope of protection of cultural relics protection units shall be reasonably delineated according to the category, scale and content of the cultural relics protection units as well as the historical and realistic conditions of the surrounding environment, and a certain safe distance shall be maintained outside the body of the cultural relics protection units to ensure their authenticity and integrity。
Article 10 The description of the symbol of a cultural relic protection unit shall include the level, name, organ of promulgation, date of promulgation, organ of marking and date of marking of the cultural relic protection unit。Signs and descriptions of cultural relics protection units in national autonomous areas shall be written in both standardized Chinese characters and the local languages of the minority nationalities commonly used。
Article 11 The records and archives of cultural relics protection units shall include scientific and technological materials such as the body records of cultural relics protection units, relevant documentation and administrative contents。 The records and archives of units under the protection of cultural relics shall make full use of writing, audio-visual products, pictures, rubbings, copies, electronic texts and other forms to effectively express the contents contained therein。
Article 12 Where sites of ancient culture, ancient tombs, grotto temples and memorial buildings and ancient buildings owned by the State are approved and announced as cultural relics protection units, the local people's governments at or above the county level shall set up special agencies or designated agencies to take charge of their management。The local people's governments at or above the county level shall set up special agencies or designated agencies to be responsible for the administration of other cultural relics under protection.If a special person is designated to be responsible for the management, it may take the form of hiring cultural relics conservators。 Where a cultural relics protection unit has a user unit, the user unit shall set up a mass cultural relics protection organization;Where there is no user unit, the villagers' committee or residents' committee in the place where the cultural relic protection unit is located may set up a mass cultural relic protection organization。The competent administrative departments for cultural relics shall give guidance and support to the activities of mass organizations for the protection of cultural relics。 Institutions responsible for the administration of cultural relics protection units shall establish and improve rules and regulations and take safety precautions;Its security personnel may be equipped with defensive equipment according to law。
Article 13 The construction control zones of cultural relics protection units refer to areas outside the scope of protection of cultural relics protection units where construction projects are restricted for the purpose of protecting the safety, environment and historical features of such units。 The zones under the control of the construction of cultural relics protection units shall be reasonably delimited according to the category, scale and content of the cultural relics protection units and the historical and realistic conditions of the surrounding environment。
Article 14 The zones under control for the construction of key cultural relics under protection throughout the country shall be delimited and announced by the administrative departments for cultural relics of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government jointly with the administrative departments for urban and rural planning。 The zones under control for the construction of cultural relics protection units at the provincial level, the city divided into districts, the autonomous prefecture level and the county level shall be delimited and announced by the administrative departments for cultural relics of the people's governments of the provinces, autonomous regions and municipalities directly under the Central government jointly with the administrative departments for urban and rural planning。
Article 15 Units undertaking repair, relocation or reconstruction projects for units under cultural relics protection shall simultaneously obtain certificates of qualification for cultural relics protection projects of the corresponding level issued by the competent department of cultural relics administration and certificates of qualification issued by the competent department of construction administration of the corresponding level。Among them, the repair, relocation and reconstruction of cultural relics protection units that do not involve construction activities shall be undertaken by the units that have obtained the certificates of qualification for cultural relics protection projects of the corresponding level issued by the administrative departments for cultural relics。
Article 16 To apply for a qualification certificate for a cultural relics protection project, the following conditions shall be met:
Article 17 An application for a qualification certificate for a cultural relics protection project shall be submitted to the competent department of cultural relics administration of the people's government of a province, autonomous region or municipality directly under the Central Government or to the competent department of cultural relics administration under The State Council。The competent department of cultural relics administration of the people's government of a province, autonomous region or municipality directly under the Central Government or the competent department of cultural relics administration under The State Council shall, within 30 working days from the date of receiving the application, make a decision on approval or disapproval。If approval is decided, certificates of qualification for cultural relics protection projects of corresponding level shall be issued;If the decision is not approved, the party concerned shall be notified in writing and the reasons shall be given。The administrative department for cultural relics under The State Council shall formulate the grading standards and the examination and approval measures for the qualification levels of cultural relics protection projects。
Article 18 The competent department of cultural relics administration shall seek the opinions of the competent department of cultural relics administration of the people's government at the next higher level before examining and approving the renovation plans and engineering design plans of the units under cultural relics protection。
Article 19. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the investigation and disposal of buildings and structures that endanger the security of key cultural relics under state protection or damage their historical features。 Where the safety of cultural relics protection units at the provincial level, the city divided into districts, the autonomous prefecture level or the county level is endangered or the buildings or structures with historical features are damaged, the people's government that has verified and announced the cultural relics protection units shall be responsible for investigation and handling。 The people's government at the county level shall be responsible for the investigation and disposal of buildings and structures that endanger the safety of immovable cultural relics that have not been verified and declared as cultural relics protection units。
Chapter Three: Archaeological excavation
Article 20 A unit that applies for engaging in archaeological excavations to obtain a qualification certificate for archaeological excavations shall meet the following requirements:
Article 21 An application for a qualification certificate for archaeological excavations shall be submitted to the competent department of cultural relics administration under The State Council。The administrative department for cultural relics under The State Council shall, within 30 working days from the date of receipt of the application, make a decision on approval or disapproval。If approval is decided, certificates of qualification for archaeological excavation shall be issued;If the decision is not approved, the party concerned shall be notified in writing and the reasons shall be given。
Article 22 The leader responsible system shall be implemented for archaeological excavation projects。Persons acting as leaders shall obtain certificates of qualification for leading archaeological excavations issued by the department of cultural relics administration under The State Council in accordance with relevant state regulations。
Article 23 Archaeological investigations, exploration and excavations carried out in conjunction with construction projects shall be organized and carried out by the competent departments of cultural relics administration of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government。Archaeological investigations, exploration and excavations within the scope of construction projects across provinces, autonomous regions and municipalities directly under the Central Government，The construction project shall be jointly organized and implemented by the competent department of cultural relics administration of the people's government of the province, autonomous region or municipality directly under the central Government where the project is located;among，Archaeological investigation, exploration and excavation within the scope of particularly important construction projects，The administrative department for cultural relics under The State Council shall organize the implementation。 The construction unit shall provide assistance to the archaeological investigations, exploration and excavations carried out in cooperation with the construction project, and shall not hinder the archaeological investigations, exploration and excavations。
Article 24 The competent department of cultural relics administration under The State Council shall, within 30 working days from the date of receipt of the excavation plan provided for in paragraph 1 of Article 30 of the Law on Cultural Relics Protection, make a decision on approval or disapproval。If approval is decided, approval documents shall be issued;If the decision is not approved, the party concerned shall be notified in writing and the reasons shall be given。
Article 25 The scope and standard of funds required for archaeological investigations, exploration and excavations shall be implemented in accordance with the relevant provisions of the State。
Article 26 Units engaged in archaeological excavations shall, within 30 working days from the date of completion of archaeological excavations, submit a closing report to the competent department of cultural relics administration of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the competent department of cultural relics administration under The State Council，Within three years from the date of submission of the closing report, the archaeological excavation report shall be submitted to the administrative department of cultural relics of the people's government of the province, autonomous region and municipality directly under the Central Government and the administrative department of cultural relics under The State Council。
Article 27 After an archaeological excavation unit has submitted an archaeological excavation report，Approved by the competent department of cultural relics administration of the people's government of a province, autonomous region or municipality directly under the Central Government or the competent department of cultural relics administration under The State Council in accordance with their respective functions and powers，A small number of unearthed cultural relics can be retained as scientific research specimens，Other unearthed cultural relics shall, within six months from the date of submission of the excavation report, be transferred to a state-owned museum, library or other state-owned cultural relics collection unit designated by the competent department of cultural relics administration of the people's government of a province, autonomous region or municipality directly under the Central Government for collection。
Chapter IV Cultural relics collected
Article 28 Units collecting cultural relics shall establish systems for receiving, identifying, registering, cataloguing and archiving cultural relics in their collections, systems for warehouse management, systems for warehousing, cancellation and statistics, and systems for maintenance, restoration and reproduction。
Article 29 The administrative departments for cultural relics of the people's governments at the county level shall file the cultural relics in their respective administrative areas，Report to the administrative department of cultural relics under the people's government of a districted city or autonomous prefecture or the administrative department of cultural relics under the people's government of a province, autonomous region or municipality directly under the Central Government for the record;The administrative department for cultural relics of the people's government at the level of a city divided into districts or an autonomous prefecture shall file the cultural relics in its collection within its administrative area，Report to the administrative department of cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government for the record;The administrative department for cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government shall file the first-class cultural relics in its administrative area，Report to the administrative department of cultural relics under The State Council for the record。
Article 30 Where cultural relics in the collection of cultural relics are borrowed from one another, the borrower shall take necessary protective measures for the cultural relics borrowed to ensure their safety。 Unless otherwise agreed by the parties concerned, the risk of loss or damage of the borrowed cultural relics shall be borne by the cultural relics collection unit borrowing the borrowed cultural relics。
Article 31 Where a state-owned cultural relics collection unit fails to establish archives of cultural relics in its collection in accordance with the provisions of Article 36 of the Law on Cultural Relics Protection and reports the archives of cultural relics in its collection to the competent department of cultural relics administration for the record, it shall not exchange or borrow cultural relics in its collection。
Article 32 Repairing, reproducing or rubbing second-class cultural relics and third-class cultural relics in the collection，It shall be submitted to the administrative department of cultural relics of the people's government of the province, autonomous region or municipality directly under the Central Government for approval;Repairing, reproducing or rubbing first-class cultural relics in the collection，It shall be examined by the administrative department for cultural relics of the people's government of the province, autonomous region or municipality directly under the Central Government and then submitted to the administrative department for cultural relics under The State Council for approval。
Article 33 Units engaged in the restoration, reproduction and rubbing of cultural relics in their collections shall meet the following conditions: (1) Personnel who have obtained intermediate or above professional and technical positions in cultural relics and natural history; (2) having places and technical equipment necessary for the restoration, reproduction and rubbing of cultural relics in the collection; (3) Other conditions provided for by laws and administrative regulations。
Article 34 Anyone engaged in the restoration, reproduction or rubbing of cultural relics in the collection shall file an application with the competent department of cultural relics administration of the people's government of a province, autonomous region or municipality directly under the Central Government。The competent department of cultural relics administration of the people's government of a province, autonomous region or municipality directly under the Central Government shall, within 30 working days from the date of receipt of the application, make a decision on approval or disapproval。If the decision is approved, a qualification certificate of the corresponding level shall be issued;If the decision is not approved, the party concerned shall be notified in writing and the reasons shall be given。
Article 35: Photographing second-class cultural relics and third-class cultural relics in the collection for the production of publications, audio-visual products, etc，It shall be submitted to the administrative department of cultural relics of the people's government of the province, autonomous region or municipality directly under the Central Government for approval;Photographing first-class cultural relics in the collection，It shall be examined by the administrative department for cultural relics of the people's government of the province, autonomous region or municipality directly under the Central Government and then submitted to the administrative department for cultural relics under The State Council for approval。
Article 36 Cultural relics in the collection are stolen, robbed or lost，Units collecting cultural relics shall immediately report to the public security organ，And at the same time report to the competent department of cultural relics administration;The competent administrative department for cultural relics shall, within 24 hours after receiving the report from the unit that collects cultural relics，The relevant situation will be reported to the department of cultural relics administration under The State Council。
Article 37 State organs, state-owned enterprises and institutions that collect and keep state-owned cultural relics shall fulfill the following obligations:
Chapter V Cultural relics collected by the people
Article 38 Citizens, legal persons and other organizations other than units collecting cultural relics may collect cultural relics according to law, and the ownership of cultural relics collected according to law shall be protected by law。 Where citizens, legal persons or other organizations collect cultural relics according to law, they may request the departments in charge of cultural relics administration to provide consultation on the identification, restoration and storage of the cultural relics in their collections。
Article 39 To establish a cultural relics shop, the following conditions shall be met:
Article 40 The establishment of a cultural relics shop shall, in accordance with the provisions of the department of cultural relics administration under The State Council, file an application with the department of cultural relics administration of the people's government at or above the province, autonomous region or municipality directly under the Central Government。The administrative department of cultural relics of the people's government at or above the province, autonomous region or municipality directly under the Central Government shall, within 30 working days from the date of receipt of the application, make a decision on approval or disapproval。If approval is decided, approval documents shall be issued;If the decision is not approved, the party concerned shall be notified in writing and the reasons shall be given。
Article 41 An auction enterprise established according to law that engages in the auction of cultural relics shall have at least five professionals in the auction of cultural relics who have obtained senior professional and technical positions in cultural relics and natural history, and shall have obtained a license for the auction of cultural relics issued by the department of cultural relics administration under The State Council。
Article 42 An auction enterprise established according to law shall apply to the competent department of cultural relics administration under The State Council for an auction license for cultural relics。The administrative department for cultural relics under The State Council shall, within 30 working days from the date of receipt of the application, make a decision on approval or disapproval。If approval is decided, a license for auction of cultural relics shall be issued;If the decision is not approved, the party concerned shall be notified in writing and the reasons shall be given。
Article 43 Cultural relics shops purchase and sell cultural relics，Auction enterprises engaged in the auction of cultural relics auction cultural relics，Records shall be made of the names, catalogues and sources of the cultural relics, the names or names of the sellers, consignors and buyers of the cultural relics, their addresses, valid identification numbers or valid license numbers, and the transaction prices，And report to the administrative department of cultural relics that approves the sale and auction of cultural relics for the record。The administrative department of cultural relics accepting the record shall keep it confidential according to law and keep the record for 75 years。The competent administrative department for cultural relics shall strengthen the supervision and inspection of cultural relics shops and auction enterprises engaged in cultural relics auction。
Chapter VI Exit and Entry of Cultural Relics
Article 44 The examination and approval institution for the entry and exit of cultural relics designated by the administrative department for cultural relics under The State Council shall have at least five full-time experts on the entry and exit responsibility of cultural relics。Full-time cultural relics inbound and outbound responsibility appraisers shall hold intermediate or above professional and technical positions in cultural relics and natural history and pass the examination of the competent department of cultural relics administration under The State Council。
Article 45 The transportation, mailing or carrying of cultural relics out of China shall be reported to the entry and exit examination institutions for cultural relics for examination and approval in accordance with law before the cultural relics leave the country。The examination and approval institution for the entry and exit of cultural relics shall, within 15 working days from the date of receipt of the application, make a decision on whether to allow exit。 The examination and approval institution for the entry and exit of cultural relics shall have at least 3 professional and technical personnel of cultural relics and natural museums to participate in the examination and approval of cultural relics;Among them, there should be two or more experts responsible for the entry and exit of cultural relics。 The exit examination opinions of cultural relics shall be jointly signed by the experts responsible for the entry and exit of cultural relics;For cultural relics that have been examined and approved to be allowed to leave the country unanimously by the assessors responsible for the entry and exit of cultural relics, the entry and exit examination institution of cultural relics may make a decision to allow exit。 The examination standards for the exit of cultural relics shall be formulated by the administrative department for cultural relics under The State Council。
Article 46 The entry and exit examination institutions for cultural relics shall register the names, textures, dimensions and grades of the inbound and outbound cultural relics examined and examined, the names or names of the parties concerned, their addresses, the number of valid identity documents or valid license numbers, the ports of entry and exit, the destination of the cultural relics and the date of examination and approval。
Article 47 Cultural relics that have been examined and allowed to leave the country shall be issued exit permits by the department of cultural relics administration under The State Council, and exit marks shall be marked by the entry and exit examination bodies for cultural relics。Cultural relics that are allowed to leave the country after examination and verification shall leave the country at ports designated by the administrative department for cultural relics under The State Council。The Customs shall, after checking the exit marks of cultural relics, release them with exit permits。 Cultural relics that are not allowed to leave the country after examination and verification shall be returned to the party concerned by the examination institution for the entry and exit of cultural relics。
Article 48 The organizer of an outbound exhibition of cultural relics shall file an application with the department of cultural relics administration under The State Council six months before the exhibition is held。The administrative department for cultural relics under The State Council shall, within 30 working days from the date of receipt of the application, make a decision on approval or disapproval。If approval is decided, approval documents shall be issued;If the decision is not approved, the party concerned shall be notified in writing and the reasons shall be given。 Where the exhibits of Grade I cultural relics exceed 120 pieces (sets), or the exhibits of Grade I cultural relics exceed 20% of the total exhibits, they shall be submitted to The State Council for approval。
Article 49 Isolated and fragile items of first-class cultural relics shall not be allowed to leave the country for exhibition。The catalogue of cultural relics prohibited from being exhibited abroad shall be published regularly by the department of cultural relics administration under The State Council。Cultural relics that have not been officially exhibited in China may not be exhibited abroad。
Article 50 The duration of exit exhibitions of cultural relics shall not exceed one year。Due to special needs, it may be extended with the approval of the original examination and approval authority;However, the extension may not exceed one year。
Article 51 Where there are circumstances that may endanger the safety of cultural relics on display during the period of exit exhibition, the original examination and approval authority may decide to suspend or cancel the exhibition。
Article 52 Cultural relics temporarily entered into the territory shall, after being sealed by the Customs, be submitted to the parties concerned for examination and registration by the entry and exit examination institutions for cultural relics。After checking that the customs seal is intact, the entry and exit examination agency of cultural relics shall mark the temporary entry mark of cultural relics for each temporary entry, and register and take photos。 When the temporary entry of cultural relics is re-exited, the original examination and approval agency for the entry and exit of cultural relics shall check the entry registration and photograph records, check the temporary entry marks of cultural relics and indicate the exit marks after they are correct, and the administrative department for cultural relics under The State Council shall issue exit permits for cultural relics。 Where cultural relics temporarily entered into the territory without fulfilling the formalities prescribed in paragraph 1 of this Article are re-exited, the provisions on the exportation of cultural relics in this Chapter shall apply。
Article 53 No unit or individual may, without authorization, remove, replace, misappropriate or damage exit marks or temporary entry marks of cultural relics。
Chapter VII Legal liability
Article 54 Public security organs, industrial and commercial administration, cultural relics, customs, urban and rural planning, construction and other relevant departments and their staff，Violation of the provisions of this Ordinance，Abusing the authority of examination and approval, failing to perform duties, or failing to investigate and handle illegal acts found，The persons in charge and other persons directly responsible shall be given administrative sanctions according to law;criminal，Criminal responsibility shall be investigated according to law。
Article 55 Violation of the provisions of these Regulations，Has not obtained the corresponding level of cultural relics protection project qualification certificate，Undertaking, without authorization, the renovation, relocation or reconstruction projects of cultural relics protection units，The administrative department for cultural relics shall order rectification within a time limit;Overdue correction，Or cause serious consequences，Imposing a fine of not less than 50,000 yuan but not more than 500,000 yuan;criminal，Criminal responsibility shall be investigated according to law。
Article 56 Violation of the provisions of these Regulations，No qualification certificate has been obtained，Engaging in the restoration, reproduction or rubbing of cultural relics in the collection without authorization，The administrative department for cultural relics shall order the cessation of illegal activities;Confiscation of illegal gains and special tools and equipment for engaging in illegal activities;Causing serious consequences，A fine of not less than 10,000 yuan but not more than 100,000 yuan shall also be imposed;criminal，Criminal responsibility shall be investigated according to law。
Article 57 The amount of the fine prescribed in Article 66, paragraph 2, of the Law on Cultural Relics shall not exceed 200 yuan。
Article 58 Violation of the provisions of these Regulations，Repairing, reproducing, rubbing or photographing precious cultural relics in the collection without approval，The administrative department for cultural relics shall give a warning;Causing serious consequences，Imposing a fine of not less than 2,000 yuan but not more than 20,000 yuan;The persons in charge and other persons directly responsible shall be given administrative sanctions according to law。
Article 59 An archaeological excavation unit violates the provisions of these Regulations，Failing to submit an item closing report or an archaeological excavation report within the prescribed time limit，The administrative department for cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government or the administrative department for cultural relics under The State Council shall order rectification within a prescribed time limit;Not corrected within the time limit，The persons in charge and other persons directly responsible shall be given administrative sanctions according to law。
Article 60 An archaeological excavation unit violates the provisions of these Regulations，Failing to hand over the cultural relics within the prescribed time limit，The administrative department for cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government or the administrative department for cultural relics under The State Council shall order rectification within a prescribed time limit;Overdue correction，Or cause serious consequences，The persons in charge and other persons directly responsible shall be given administrative sanctions according to law。
Article 61 Where, in violation of the provisions of these Regulations, the outbound exhibition of cultural relics exceeds the exhibition period, the department of cultural relics administration under The State Council shall order rectification within a prescribed time limit;The persons in charge and other persons directly responsible shall be given administrative sanctions according to law。
Article 62 Where, in accordance with the provisions of Articles 66 and 73 of the Law on Cultural Relics, an entity is punished with the administrative penalty of revocation of its license, it shall, in accordance with law, go through the alteration registration or cancellation of registration with the administrative department for industry and commerce;Failure to do so within the time limit shall be revoked by the administrative department for industry and commerce。
Article 63 Where, in violation of the provisions of these Regulations, a state-owned museum, memorial hall, cultural relics protection unit, etc., changes the purpose of the institutional income, the responsible persons in charge and other persons directly responsible shall be given administrative sanctions according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law。
Chapter VIII Supplementary Provisions
Article 64 These Regulations shall come into force as of July 1, 2003。 |
