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中华人民共和国文物保护法（英文版）
2016-10-31 17:17:55 作者： 来源：
发文单位：全国人民代表大会常务委员会
发文时间：2002-10-28
生效日期：2002-10-28
(Adopted at the 25th Meeting of the Standing Committee of the Fifth
National Peoples Congress on November 19,1982,revised in accordance with the
Decision of the Standing Committee of the National Peoples Congress Regarding
the Revision of Article 30 and Article 31 of the Law of the Peoples Republic of
China on Protection of Cultural Relics at the 20th Meeting of the Standing
Committee of the Seventh National Peoples Congress on June 29,1991, and revised
again at the 30th Meeting of the Standing Committee of the Ninth National
Peoples Congress on October 28,2002)
Contents
Chapter Ⅰ General
Provisions
Chapter Ⅱ Immovable Cultural Relics
Chapter Ⅲ
Archaeological Excavations
Chapter Ⅳ Cultural Relics in the Collection
of
Cultural Institutions
Chapter Ⅴ Cultural Relics in
Peoples Collection
Chapter Ⅵ Taking or Bringing Cultural Relics out
of
or into China
Chapter Ⅶ Legal Liabilities
Chapter
Ⅷ Supplementary Provisions
Chapter I
General Provisions Article 1 This Law is enacted in accordance with the Constitution, with a
view to strengthening the protection of cultural relics, inheriting the splendid
historical and cultural legacy of the Chinese nation,promoting scientific
research,conducting education in patriotism and in the revolutionary tradition,
and building a socialist society with cultural, ideological and material
progress.
Article 2 The State places under its protection the following
cultural relics within the boundaries of the Peoples Republic of
China:
(1)sites of ancient culture, ancient tombs, ancient architectural
structures, cave temples, stone carvings and murals that are of historical,
artistic or scientific value;
(2)important modern and contemporary historic
sites, material objects and typical buildings that are related to major
historical events, revolutionary movements or famous personalities and that are
highly memorable or are of great significance for education or for the
preservation of historical data;
(3)valuable works of art and handicraft
articles dating from various historical periods;
(4)important documents
dating from various historical periods, and manuscripts, books and materials,
etc.that are of historical, artistic or scientific value; and
(5)typical
material objects reflecting the social system, social production or the life of
various nationalities in different historical periods.
The criteria and
measures for the verification of cultural relics shall be formulated by the
administrative department for cultural relics under the State Council and
submitted to the State Council for approval.
Fossils of paleovertebrates
and paleoanthropoids of scientific value shall be protected by the State in the
same way as cultural relics.
Article 3 Immovable cultural relics, such as
sites of ancient culture, ancient tombs,ancient architectural structures, cave
temples, stone carvings and murals as well as important modern and contemporary
historic sites and typical buildings, may, depending on their historical,
artistic and scientific value, be designated respectively as major sites to be
protected for their historical and cultural value at the national level, sites
to be protected for their historical and cultural value at the provincial level,
and sites to be protected for their historical and cultural value at the city or
county level.
Movable cultural relics, such as important material objects,
works of art, documents, manuscripts, books, materials, and typical material
objects dating from various historical periods, shall be divided into valuable
cultural relics and ordinary cultural relics; and the valuable cultural relics
shall be subdivided into grade-one cultural relics, grade-two cultural relics
and grade-three cultural relics.
Article 4 In the work concerning
cultural relics,the principle of giving priority to the protection of cultural
relics, attaching primary importance to their rescue, making rational use of
them and tightening control over them shall be carried out.
Article 5
All cultural relics remaining underground or in the inland waters or territorial
seas within the boundaries of the Peoples Republic of China are owned by the
State.
Sites of ancient culture, ancient tombs and cave temples are owned
by the State. Such immovable cultural relics as memorial buildings, ancient
architectural structures, stone carvings, murals and typical architectural
structures of the modern and contemporary times, designated for protection by
the State, except where otherwise provided for by regulations of the State, are
owned by the State.
The ownership of State-owned immovable cultural relics
shall remain unchanged when ownership or the right to use of the land to which
such relics are attached changes.
The following movable, cultural relics
are owned by the State:
(1)cultural relics unearthed within the territories
of the Peoples Republic of China, except where otherwise provided for by
regulations of the State;
(2)cultural relics collected and preserved by
institutions for the collection of State-owned cultural relics and by other
State organs, armed forces, State-owned enterprises,public institutions,
etc.;
(3)cultural relics collected and purchased by the
State;
(4)cultural relics donated to the State by citizens, legal persons
and other organizations; and
(5)other cultural relics owned by the State as
provided for by laws.
Ownership of movable cultural relics owned by the
State shall remain unchanged when institutions for their preservation or
collection cease to exist or are replaced.
Ownership of the State-owned
cultural relics shall be protected by laws and shall brook no
infringement.
Article 6 Ownership of memorial buildings, ancient
architectural structures, cultural relics handed down from ancestors and other
cultural relics obtained in accordance with laws, which belong to collectives or
individuals, shall be protected by laws. Owners of the cultural relics shall
abide by State laws and regulations on the protection of cultural
relics.
Article 7 All government department, public organizations and
individuals shall have the obligation to protect the cultural relics in
accordance with laws.
Article 8 The administrative department for
cultural relics under the State Council shall take charge of the work concerning
the protection of cultural relics throughout the country.
Local peoples
governments at various levels shall take charge of the work concerning the
protection of cultural relics within their own administrative areas. Departments
in charge of the work concerning the protection of cultural relics under local
peoples governments at or above the county level shall exercise supervision and
control over the protection of cultural relics within their own administrative
areas.
The relevant administrative departments under peoples governments at
or above the county level shall, within the scope of their own functions and
duties, take charge of the work concerning the protection of cultural
relics.
Article 9 Peoples governments at various levels shall attach
importance to the protection of cultural relics and correctly handle the
relations between economic and social development and the protection of cultural
relics so as to ensure safety of the cultural relics.
Capital construction
and the development of tourism shall be governed by the principle for the work
concerning the protection of cultural relics, and such activities may not cause
damage to cultural relics.
Public security organs, administrative
departments for industry and commerce, the Customs, departments for urban and
rural construction planning and the relevant State organs shall, in accordance
with law, conscientiously perform their functions and duties for the protection
of cultural relics and maintain the order of the control over cultural
relics.
Article 10 The State develops the undertaking of the protection
of cultural relics. Peoples governments at or above the county level shall
incorporate the undertaking of the protection of cultural relics into their own
plans for national economic and social development and the expenses entailed
shall be listed in their own budgets.
Budgetary appropriations made by the
State for the protection of cultural relics shall increase along with the
increase of revenues.
Incomes earned by the undertakings of the State-owned
museums, memorial halls, sites protected for their historical and cultural
values, etc. shall exclusively be used for the protection of cultural relics,
and no units or individuals may take them into their own possession or
misappropriate them.
The State encourages, through such forms as
donations, the establishment of social funds for the protection of cultural
relics, which shall exclusively be used for the protection of cultural relics.
No units or individuals may take such funds into their own possession or
misappropriate them.
Article 11 Cultural relics are unrenewable cultural
resources. The State devotes great efforts to the publicity and education in the
need to protect cultural relics, enhances the awareness of the entire people of
the need, and encourages scientific research in this field in order to raise the
scientific and technological level for the protection of the cultural
relics.
Article 12 The State gives moral encouragement or material
rewards to units and individuals for any of the following
deeds:
(1)conscientiously implementing laws and regulations on the
protection of cultural relics and making remarkable achievements in protecting
cultural relics;
(2)resolutely fighting against criminal acts, in the
interest of protecting cultural relics;
(3)donating important cultural
relics in ones own collection to the State or making donations for the
undertaking of protection of cultural relics;
(4)immediately reporting or
delivering to the authority when discovering cultural relics, which facilitates
their protection;
(5)making major contributions to the work of
archaeological excavations;
(6)making important inventions and innovations
in the science and techniques for the protection of cultural relics, or other
important contributions in this respect;
(7)rendering meritorious service
in rescuing cultural relics that are in danger of being destroyed;
and
(8)having been engaged in the work concerning cultural relics over long
years and having made outstanding achievements in this field.
Chapter
II
Immovable Cultural Relics Article 13 The administrative department for cultural relics under the
State Council shall select sites from among the ones protected for their
significant historical, artistic or scientific value at the provincial, city or
county level and designate them as major sites to be protected for their
historical and cultural value at the national level, or shall directly designate
such major sites, and report them to the State Council for verification and
announcement.
Sites to be protected for their historical and cultural value
at the provincial level shall be verified and announced by the peoples
governments of provinces, autonomous regions, or municipalities directly under
the Central Government, and be reported to the State Council for the
record.
Sites to be protected for their historical and cultural value at
the city or county level shall be verified and announced respectively by the
peoples governments of cities divided into districts, of autonomous prefectures
and of counties, and be reported to the peoples governments of provinces,
autonomous regions, or municipalities directly under the Central Government for
the record.
Immovable cultural relics of sites to be protected for their
historical and cultural value that have not yet been verified and announced as
such shall be registered and announced by the administrative department for
cultural relics under the peoples government at the county level.
Article
14 Cities with an unusual wealth of cultural relics of important historical
value or high revolutionary memorial significance shall be verified and
announced by the State Council as famous cities of historical and cultural
value.
Towns, neighborhoods or villages with an unusual wealth of cultural
relics of important historical value or high revolutionary memorial significance
shall be verified and announced by the peoples governments of provinces,
autonomous regions, or municipalities directly under the Central Government as
famous neighborhood, villages or towns of historical and cultural value, and
reported to the State Council for the record.
Local peoples governments at
or above the county level in places where famous cities of historical and
cultural value, or famous neighborhoods, villages or towns of historical and
cultural value are located shall take charge of drawing up special plans for
their protection and include such plans in their overall urban plans.
Measures for the protection of famous cities, famous neighborhoods, villages and
towns of historical and cultural value shall be formulated by the State
Council.
Article 15 Peoples governments of provinces, autonomous regions,
and municipalities directly under the Central Government and of cities and
counties shall respectively delimit the necessary area of protection, put up
signs and notices, and establish records and files for the historical and
cultural sites protected at the corresponding levels and shall, in the light of
different circumstances, establish special organs or assign fulltime persons to
be responsible for control over these sites. The area of protection and records
and files for the major historical and cultural sites protected at the national
level shall be reported by the administrative department for cultural relics
under the peoples governments of provinces, autonomous regions, or
municipalities directly under the Central Government to the administrative
department for cultural relics under the State Council for the record.
The
administrative departments for cultural relics under the local peoples
governments at or above the county level shall, on the basis of the requirements
for the protection of different cultural relics, formulate specific protective
measures for the immovable cultural relics of the sites protected for their
historical and cultural value and of the sites that have not yet been verified
as such, and announce the measures for implementation.
Article 16 When
drawing up plans for urban and rural construction, the peoples governments at
various levels shall, on the basis of the requirements for the protection of
cultural relics, see to it that protective measures for the historical and
cultural sites protected at different levels within their own administrative
areas are first formulated through consultation between the departments for
urban and rural construction planning and the administrative departments for
cultural relics and include such measures in their plans.
Article 17 No
construction of additional projects or such operations as blasting, drilling and
digging may be conducted within the area of protection for a historical and
cultural site. However, where under special circumstances it is necessary to
conduct construction of additional projects or such operations as blasting,
drilling and digging within the area of protection for such a site, its safety
shall be guaranteed, and the matter shall be subject to approval by the peoples
government which originally verified and announced the site and which, before
giving approval, shall ask consent of the administrative department for cultural
relics under the peoples government at the next higher level; and where
construction of additional projects or such operations as blasting, drilling and
digging are to be conducted within the area of protection for a major historical
and cultural site protected at the national level, the matter shall be subject
to approval by the peoples government of the relevant province, autonomous
region, or municipality directly under the Central Government, which, before
giving approval, shall ask consent of the administrative department for cultural
relics under the State Council.
Article 18 On the basis of the actual
needs for the protection of cultural relics and with the approval of the peoples
government of the relevant province, autonomous region, or municipality directly
under the Central Government, a certain area for control of construction may be
delimited around a site protected for its historical and cultural value, and
such an area shall be announced.
No construction of a project conducted in
an area for control of construction may deform the historical features of the
site protected for its historical and cultural value; and the design for the
project shall, in correspondence with the protection level of the site protected
for its historical and cultural value, be subject to consent by the appropriate
administrative department for cultural relics before it is submitted to the
department for urban and rural construction planning for approval.
Article
19 No facilities that pollute the sites protected for their historical and
cultural value or their environment may be put up within the area of protection
for these sites or the area for control of construction, and no activities that
may adversely affect the safety and environment of these sites may be conducted.
Where there are already facilities that pollute the sites and their environment,
they shall be brought under control within a specified time limit.
Article
20 While choosing a place for a construction project, the construction unit
shall try its best to get around the site of immovable cultural relics; where it
is impossible to do so under special circumstances, it shall do everything it
can to protect the original site protected for its historical and cultural
value.
Where the original site is to be protected, the construction unit
shall first work out protective measures and, in correspondence with the level
of protection for the site, submit the measures to the appropriate
administrative department for cultural relics for approval, and include the
measures in its feasibility study report or in the design, in which the task of
protection is specified.
Where it is impossible to protect the original
site or the site needs to be moved to another place or dismantled, the matter
shall be reported to the peoples government of the relevant province, autonomous
region, or municipality directly under the Central Government for approval;
where a site protected for its historical and cultural value at the provincial
level needs to be moved to another place or dismantled, consent of the
administrative department for cultural relics under the State Council shall be
obtained prior to approval. No major historical and cultural sites protected at
the national level may be dismantled; where such a site needs to be moved to
another place, the matter shall be reported by the peoples government of the
relevant province, autonomous region, or municipality directly under the Central
Government to the State Council for approval.
Among the State-owned
immovable cultural relies to be dismantled in accordance with the provisions of
the preceding paragraph, the murals, carvings, building components, etc. which
are worthy of collecting shall be collected by the institution for the
collection of cultural relics designated by the administrative department for
cultural relics.
The expenses required for protecting, moving to another
place or dismantling an original site as provided for by this Article shall be
included in the budget of the construction unit for the construction
project.
Article 21 Users of State-owned immovable cultural relics shall
be responsible for their repairs and maintenance; and the owners of the
immovable cultural relics not owned by the State shall be responsible for their
repairs and maintenance. Where the immovable cultural relics not owned by the
State are in danger of damage and the owner cannot afford their repairs, the
local peoples government shall offer the owner assistance; and where the owner
can afford their repairs but refuses to perform his obligation to repair them as
required by law, the peoples government at or above the county level may make
emergency repairs and the expenses entailed shall be borne by the owner.
Repairs to be made for sites protected for their historical and cultural value
shall, in correspondence with their different levels of protection, be subject
to approval by the appropriate administrative department for cultural relics;
and repairs to be made for the immovable cultural relics of the sites that are
not yet verified as ones protected for their historical and cultural value shall
be subject to approval by the administrative departments for cultural relics
under the peoples governments at the county level with which the sites are
registered.
The repairs, removal, or reconstruction of a site protected for
its historical and cultural value shall be undertaken by the unit that has
obtained the qualification certificate for projects designed to protect cultural
relics.
In the repairing, maintaining and removing immovable cultural
relics, the principle of keeping the cultural relics in their original state
shall be adhered to.
Article 22 Where immovable cultural relics are
totally damaged, the ruins shall be protected and the damaged relics may not be
rebuilt on the original site. However, where under special circumstances it is
necessary to have such relics rebuilt on the original site, the administrative
department for cultural relics under the peoples government of the relevant
province, autonomous region, or municipality directly under the Central
Government shall ask consent of the administrative department for cultural
relics under the State Council before submitting the matter to the peoples
government of the relevant province, autonomous region, or municipality directly
under the Central Government for approval; and where major site protected for
its historical and cultural value at the national level needs to be rebuilt on
the original site, the matter shall be submitted by the peoples government of
the relevant province, autonomous region, or municipality directly under the
Central Government to the State Council for approval.
Article 23 Where it
is necessary to use a memorial building or an ancient architectural structure
owned by the State at a place verified as a site protected for its historical
and cultural value for purposes other than the establishment of a museum, a
cultural relics preservation institute or a tourist site, the administrative
department for cultural relics under the peoples government that originally
verified and announced it as such a site shall first ask consent of the
administrative department for cultural relics at the next higher level and then
submit a report to the said peoples government for approval; and where a major
site protected for its historical and cultural value at the national level is to
be used for other purposes, the peoples government of the relevant province,
autonomous region, or municipality directly under the Central Government shall
submit a report to the State Council for approval. Where the State-owned
immovable cultural relics of a site not verified as one protected for its
historical and cultural value are to be used for other purposes, the matter
shall be reported to the administrative department for cultural relics under the
peoples government at the county level.
Article 24 No immovable cultural
relics owned by the State may be transferred or mortgaged. No State-owned sites
protected for their historical and cultural value, which are established as
museums or cultural relics preservation institutes or used as tourist sites may
be made enterprise assets for business operation.
Article 25 No immovable
cultural relics not owned by the State may be transferred or mortgaged to
foreigners.
The transfer and mortgage of the immovable cultural relics not
owned by the State, or the change in their use shall, in correspondence with
their different grades, be reported to the appropriate administrative
departments for cultural relics for the record; and where their repairs are to
be financed by the local peoples government, the matter shall be submitted to
the appropriate administrative departments for cultural relics for
approval.
Article 26 The principle of keeping the immovable cultural
relics in their original state shall be adhered to in their use, and the users
shall be responsible for the safety of the structures and the cultural relics
attached to them, see to it that the immovable cultural relics are not damaged,
rebuilt or dismantled and that no additional structures are built on the
site.
With regard to the buildings or structures that threaten the safety
of the sites protected for their historical and cultural value or damage their
historical features, the local peoples government shall, without delay,
investigate and handle the matter, and when necessary, it may have such
buildings or structures dismantled or moved to other places.
Chapter
III
Archaeological Excavations Article 27 The procedure of submitting reports for approval shall be
performed for all archaeological excavations; all institutions engaged in
archaeological excavations shall be subject to approval by the administrative
department for cultural relics under the State Council.
No units or
individuals may, without permission, conduct excavation of the cultural relics
buried underground.
Article 28 The institutions engaged in archaeological
excavations that need to conduct archaeological excavations for the purpose of
scientific research shall submit their excavation plans to the administrative
department for cultural relics under the State Council for approval; plans for
archaeological excavations relating to the major sites protected for their
historical and cultural value at the national level shall be submitted to the
administrative department for cultural relics under the State Council for
examination and verification before they are forwarded to the State Council for
approval. Before giving approval to or examining and verifying such plans, the
administrative department for cultural relics under the State Council shall
consult with the research institutes of social sciences, other scientific
research institutes and the experts concerned.
Article 29 Before
launching a large-scale capital construction project, the construction unit
shall first request in a report the administrative department for cultural
relics under the peoples government of the relevant province, autonomous region,
or municipality directly under the Central Government to make arrangements for
institutions engaged in archaeological excavations to conduct archaeological
investigation and prospecting at places where cultural relics may be buried
underground within the area designated for the project.
Where cultural
relics are discovered in the course of investigation and prospecting, the
administrative department for cultural relics under the peoples government of
the relevant province, autonomous region, or municipality directly under the
Central Government shall, in compliance with the requirements for protection of
cultural relics, decide on the protective measures through consultations with
the construction unit. In case of important discoveries, the administrative
department for cultural relics under the peoples government of the relevant
province, autonomous region, or municipality directly under the Central
Government shall immediately submit a report to the administrative department
for cultural relics under the State Council for handling.
Article 30 With
regard to archaeological excavations which have to be carried out along with a
construction project, the administrative department for cultural relics under
the peoples government of the relevant province, autonomous region, or
municipality directly under the Central Government shall submit an excavation
plan based on the result of prospecting to the administrative department for
cultural relics under the State Council for approval. Before giving approval to
the plan, the administrative department for cultural relics under the State
Council shall consult with research institutes of social sciences, other
scientific research institutes and the experts concerned.
In cases where
the pressing time limit for the completion of the project or the danger of
natural damage makes it truly urgent to rescue and excavate the sites of ancient
culture or ancient tombs, the administrative department for cultural relics
under the peoples government of the relevant province, autonomous region, or
municipality directly under the Central Government may make arrangements for
proceeding with the excavation, while going through the formalities of
examination and approval.
Article 31 The expenses needed for
archaeological investigation, prospecting, or excavation, which have to be
carried out because of capital construction or construction for productive
purposes, shall be included in the budget of the construction unit for the
construction project.
Article 32 In the course of construction of a
project or agricultural production, all units and individuals that discover
cultural relics shall keep the scene intact and immediately report to the local
administrative department for cultural relics; after receiving the report, the
department shall, except under special circumstances, rush to the scene within
24 hours and put forth its proposals on the handling of the matter within seven
days. The administrative department for cultural relics may report to the local
peoples government; requesting it to inform the public security organ of the
matter and to seek its assistance in keeping the scene intact; and where
important cultural relics are discovered, the matter shall immediately be
reported to the administrative department for cultural relics under the State
Council, which shall put forth its proposal on the handling of the matter within
15 days after receiving the report.
The cultural relics discovered in such
a manner as mentioned in the preceding paragraph belong to the State, and no
unit or individual may plunder, privately divide or conceal them.
Article
33 Without submitting a report to the administrative department for cultural
relics under the State Council for special permission by the State Council, no
foreigner or foreign organization may conduct archaeological investigation,
prospecting or excavation within the boundaries of the Peoples Republic of
China.
Article 34 The results of archaeological investigation,
prospecting and excavation shall be reported to the administrative department
for cultural relics under the State Council and to the administrative department
for cultural relics under the peoples government of the relevant province,
autonomous region, or municipality directly under the Central Government.
Excavated archaeological relics shall be registered,preserved properly and, in
accordance with the relevant regulations of the State, turned over for
collection to the administrative department for cultural relics under the
peoples government of the relevant province, autonomous region, or municipality
directly under the Central Government or to the State-owned museums, libraries
or other State-owned institutions for the collection of cultural relics
designated by the administrative department for cultural relics under the State
Council. Upon approval by the administrative department for cultural relics
under the peoples government of the relevant province, autonomous region or
municipality directly under the Central Government, or under the State Council,
institutions engaged in archaeological excavation may retain a small amount of
unearthed cultural relics as samples for scientific research.
No units or
individuals may take excavated archaeological relics into their own
possession.
Article 35 To meet the need of ensuring the safety of
cultural relics, conducting scientific research and making full use of cultural
relics, the administrative department for cultural relics under the peoples
government of the relevant province, autonomous region or municipality directly
under the Central Government may, upon approval by the peoples government at the
corresponding level, transfer and use the cultural relics unearthed within their
own administrative areas; and the administrative department for cultural relics
under the State Council may, upon approval by the State Council, transfer major
cultural relics unearthed anywhere in the country.
Chapter
IV
Cultural Relics in the Collection of
Cultural Institutions Article 36 Museums, libraries and other institutions for the collection
of cultural relics shall classify the cultural relics in their collection into
different grades, compile files for the relics kept by them, establish a strict
system of control, and submit them to the competent administrative department
for cultural relics for the record.
The administrative department for
cultural relics under the peoples governments at or above the county level shall
compile files for the cultural relics in the collection of cultural institutions
in their own administrative areas; and the administrative department for
cultural relics under the State Council shall compile files for grade-one
cultural relics of the State and for the cultural relics in the collection of
State-owned cultural institutions under its charge.
Article 37
Institutions for the collection of cultural relics may obtain cultural relics by
the following means:
(1)purchasing;
(2)accepting donations;
(3)exchanging according to law; or
(4)other means as provided for by laws
and administrative rules and regulations.
Institutions for the collection
of State-owned cultural relics may also obtain cultural relics through
designation by the administrative department for cultural relics for preserving
the relics or through transfer by the department.
Article 38 Institutions
for the collection of cultural relics shall, in light of the need for protection
of cultural relics in their collection and in accordance with the relevant
regulations of the State, establish a sound system of control and report it to
the competent administrative department for cultural relics for the record.
Without approval, no unit or individual may, through transfer, obtain cultural
relics in the collection of cultural institutions.
Legal representatives
of the institutions for the collection of cultural relics shall be responsible
for the safety of the cultural relics in their collection. Before leaving their
posts, the legal representatives of the institutions for the collection of
State-owned cultural relics shall, on the basis of the files of the cultural
relics in the collection of the cultural institutions, go through the
formalities of handing over the cultural relics in the collection of the
institutions.
Article 39 The administrative department for cultural
relics under the State Council may transfer the cultural relics in the
collection of the State-owned cultural institutions anywhere in the country. The
administrative department for cultural relics under the peoples government of
the relevant province, autonomous region or municipality directly under the
Central Government may transfer the cultural relics in the collection of the
State-owned cultural institutions, which are under its charge and are located in
its administrative area; and where grade-one cultural relics in the collection
of State-owned cultural institutions are transferred, the matter shall be
reported to the administrative department for cultural relics under the State
Council for the record.
State-owned institutions for the collection of
cultural relics may apply for transfer of the cultural relics in the collection
of State-owned cultural institutions.
Article 40 Institutions for the
collection of cultural relics shall give full play to the cultural relics in
their collection and, through holding exhibitions, conducting scientific
research, etc., help enhance publicity and education in the splendid history and
culture and the revolutionary tradition of the Chinese nation.
Where
State-owned cultural institutions for the collection of cultural relics, for
purposes of holding exhibitions, conducting scientific research, etc., need to
borrow from each other cultural relics in their collection, the matter shall be
reported to the competent administrative department for cultural relics for the
record; and where grade-one cultural relics in the collection of cultural
institutions are to be borrowed, the matter shall be subject to approval by the
administrative department for cultural relics under the State Council.
Where institutions for the collection of cultural relics not owned by the State
and other institutions, for purposes of holding exhibitions, need to borrow
cultural relics in the collection of the State-owned cultural institutions, the
matter shall be subject to approval by the competent administrative department
for cultural relics; and where grade-one cultural relics in the collection of
State-owned cultural institutions are to be borrowed, the matter shall be
subject to approval by the administrative department for cultural relics under
the State Council.
The maximum period of time for the borrowing of
cultural relics between the institutions for the collection of cultural relics
may not exceed three years.
Article 41 Cultural relics in institutions
for the collection of State-owned cultural relics that have compiled files of
the cultural relics in their collection may be exchanged among such institutions
upon approval by the administrative department for cultural relics under the
peoples government of the relevant province, autonomous region or municipality
directly under the Central Government, and the matter shall be reported to the
administrative department for cultural relics under the State Council for the
record; and where grade-one cultural relics in their collection are to be
exchanged, the matter shall be subject to approval by the administrative
department for cultural relics under the State Council.
Article 42 No
institutions for the collection of State-owned cultural relics that have not
compiled files of the cultural relics in their collection may handle the
cultural relics in their collection in accordance with the provisions in
Articles 40 and 41 of this Law.
Article 43 The institution for the
collection of the cultural relics that obtains cultural relics through lawful
transfer, exchange or borrowing of the cultural relies in the collection of
State-owned cultural institutions may give a reasonable sum of compensation to
the institution for the collection of cultural relics that provides it with the
cultural relics. The specific administrative measures in this respect shall be
formulated by the administrative department for cultural relics under the State
Council.
The amount of compensation gained by the institutions for the
collection of State-owned cultural relics from the transfer, exchange or lending
of cultural relics shall be used for the improvement of the conditions for the
collection of cultural relics or for the collection of new cultural relics, but
not for other purposes; and no unit or individual may take it into its/his own
possession.
The cultural relics transferred, exchanged or borrowed shall
be kept in good care, and none of then may be lost or damaged.
Article 44
No institutions for the collection of State-owned cultural relics may donate,
lease or sell the cultural relics in their collection to other units or
individuals.
Article 45 Measures for disposition of the cultural relics
which institutions for the collection of the State-owned cultural relics no
longer keep shall be formulated separately by the State Council.
Article
46 No repairs of cultural relics in the collection of cultural institutions
may change their original state; and when duplicating, taking photos or making
rubbings of cultural relics in the collection of cultural institutions, one
shall take care not to damage the cultural relics. Specific administrative
measures in this respect shall be formulated by the State Council.
The
provisions of the preceding paragraph shall be applicable to repairs,
duplication, photo-taking and rubbing of all-in-one cultural relics of immovable
cultural relics.
Article 47 Museums, libraries and other institutions for
the collection of cultural relics shall, in accordance with the relevant
regulations of the State, be installed with facilities against fire, robbery and
natural damages so as to ensure safety of the cultural relics in their
collection.
Article 48 Where grade-one cultural relics in the collection
of cultural institutions are damaged, the matter shall be reported to the
administrative department for cultural relics under the State Council for
examination, verification and handling. Where other cultural relics in the
collection of cultural institutions are damaged, the matter shall be reported to
the administrative department for cultural relics under the peoples government
of the relevant province, autonomous region or municipality directly under the
Central Government for examination, verification and handling; and the said
department under the relevant peoples government shall submit the results of
such examination, verification and handling to the administrative department for
cultural relics under the State Council for the record.
Where cultural
relics in the collection of a cultural institution are stolen, robbed or
missing, the institution hall immediately report the case to a public security
organ and at the same time to the competent administrative department for
cultural relics.
Article 49 No workers of the administrative department
for cultural relics and the institution for the collection of State-owned
cultural relics may borrow State-owned cultural relics or illegally take them
into their own possession.
Chapter V
Cultural Relics in Peoples
Collection Article 50 Citizens, legal persons and other organizations, except
institutions for the collection of cultural relics, may collect cultural relics
obtained through the following channels:
(1)lawfully inheriting or
accepting as gifts;
(2)purchasing from cultural relics stores;
(3)purchasing from auction enterprises engaged in auction of cultural
relics;
(4)mutually exchanging or transferring in accordance with law the
cultural relics lawfully owned by individual citizens; or
(5)other lawful
channels prescribed by the State.
Cultural relics, as specified in the
preceding paragraph, which are in the collection of citizens, legal persons and
other organizations, except the institutions for the collection of cultural
relics, may be circulated according to law.
Article 51 No citizens, legal
persons or other organizations may purchase or sell the following cultural
relics:
(1)state-owned cultural relics, except ones with the approval of
the State;
(2)valuable cultural relics in the collection of the cultural
institutions not owned by the State;
(3)such of the State-owned
irremovable cultural relics as murals, carvings and components of buildings,
except such of the State-owned irremovable cultural relics as murals, carvings
and components of buildings that are dismantled according to law but are not
collected by the institutions for the collection of cultural relics and
therefore are not governed by the provisions in the fourth paragraph of Article
20 in this Law; or
(4)cultural relics not obtained through the channels
provided for in Article 50 of this Law.
Article 52 The State encourages
citizens, legal persons and other organizations, except the institutions for the
collection of cultural relics, to donate the cultural relics in their collection
to the institutions for the collection of State-owned cultural relics or to lend
them to institutions for the collection of cultural relics for exhibition and
research.
Institutions for the collection of State-owned cultural relics
shall honor and comply with the wishes of donors and keep the donated relics in
proper collection and preservation and make appropriate display of them.
No cultural relics that the State prohibits from leaving the country may be
transferred, leased or pledged to foreigners.
Article 53 The
establishment of cultural relics stores shall be subject to approval by the
administrative department for cultural relics under the State Council or by the
administrative department for cultural relics under the peoples government of
the relevant province, autonomous region or municipality directly under the
Central Government, and the stores shall be administered according to law.
No cultural relics stores may engage in auction of cultural relics or set up
auction enterprises for the purpose.
Article 54 Auction enterprises
established according to law for the auction of cultural relics are required to
obtain license for auction of cultural relics issued by the administrative
department for cultural relics under the State Council.
No auction
enterprises engaged in auction of cultural relics may conduct business
activities of purchasing or selling cultural relics or set up cultural relics
stores.
Article 55 No workers of the administrative departments for
cultural relics may establish or participate in the establishment of cultural
relics stores or auction enterprises engaged in auction of cultural
relics.
No institutions for the collection of cultural relics may
establish or participate in the establishment of cultural relics stores or
auction enterprises engaged in auction of cultural relics.
The
establishment of cultural relics stores or auction enterprises engaged in
auction of cultural relics in the form of Chinese-foreign equity joint venture,
Chinese-foreign contractual joint venture or wholly foreign-owned venture is
prohibited.
Except for cultural relics stores and auction enterprises
engaged in auction of cultural relics that have obtained approval, no other
units or individuals may engage in business activities relating to cultural
relics.
Article 56 Cultural relics to be sold by cultural relics stores
shall, prior to their sale, be examined and verified by the administrative
department for cultural relics under the peoples government of the relevant
province, autonomous region or municipality directly under the Central
Government; and the ones approved for sale shall be marked by the said
administrative department.
Cultural relics for auction by auction
enterprises shall, prior to their auction, be examined and verified by the
administrative department for cultural relics under the peoples government of
the relevant province, autonomous region or municipality directly under the
Central Government, and the matter shall be reported to the administrative
department for cultural relics under the State Council for the record; and where
the said administrative department cannot determine whether the relics in
question may be auctioned, it shall submit the relics to the administrative
department for cultural relics under the State Council for examination and
verification.
Article 57 Cultural relics stores and auction enterprises
shall, in accordance with the relevant regulations of the State, keep records of
the cultural relics they purchase and sell or auction and submit the records to
the administrative department for cultural relics that originally examined and
verified the relics for the record.
Where the client or buyer requests to
keep his identity secret when auctioning cultural relics, the administrative
department for cultural relics shall do so, except where otherwise provided for
in laws and administrative rules and regulations.
Article 58 When the
administrative department for cultural relics examines and verifies the cultural
relics that are to be put up for auction, it may designate an institution for
the collection of State-owned cultural relics to enjoy the priority in
purchasing the valuable ones among them. The purchasing prices may, through
consultation, be determined between the representatives of the institution and
the trustor of the cultural relics.
Article 59 Banks, smelteries, paper
mills and units for the recovery of old and waste materials shall be
responsible, jointly with the local administrative department for cultural
relics, for sorting out cultural relics from among gold and silver articles and
waste materials. The cultural relics thus sorted out, except for coins and other
kinds of currency of past ages which are needed for research by banks and which
may be kept by them, shall be turned over to the local administrative department
for cultural relics. Reasonable compensation shall be paid for the sorted out
cultural relics that are turned over.
Chapter VI
Taking or
Bringing Cultural
Relics out of or into China Article 60 No state-owned cultural relics, valuable cultural relics
among the ones not owned by the State or other cultural relics that are
prohibited from being taken out of China according to State regulations may be
taken out of the country, except the ones to be taken out of the country for
exhibition in accordance with the provisions of this Law or for special needs
upon approval by the State Council.
Article 61 Cultural relics to be
taken out of the country shall be subject to examination and verification by the
examination and verification authority for the entry and exit of cultural relics
designated by the administrative department for cultural relics under the State
Council. For the cultural relics that may be taken out of the country after
examination and verification, the administrative department for cultural relics
under the State Council shall issue an exit permit, and they shall be shipped
out of the country at the port designated by the said administrative
department.
Cultural relics to be transported, mailed or taken out of the
country by any units or individuals shall be declared to the Customs; and the
Customs shall let them leave the country on the strength of their exit
permit.
Article 62 Cultural relics to be taken out of the country for
exhibition shall be subject to approval by the administrative department for
cultural relics under the State Council; and if the number of Grade One cultural
relics exceeds the quota fixed by the State Council,the matter shall be subject
to approval by the State Council.
The only existing or fragile relics
among the Grade One cultural relics are prohibited from being taken out of the
country for exhibition.
Cultural relics to be taken out of the country for
exhibition shall be examined, verified and registered by the examination and
verification authority for entry and exit of cultural relics. The Customs shall
let them leave the country on the strength of the approval document issued by
the administrative department for cultural relics under the State Council or by
the State Council. The entry of the cultural relics into the country that have
been taken out for exhibition shall be examined, verified and inspected by the
original examination and verification authority for the entry and exit of
cultural relics.
Article 63 Temporary entry of cultural relics into the
country shall be declared to the Customs, and shall be subject to examination
and verification by the examination and verification authority for the entry and
exit of cultural relics and be registered with it.
Before leaving the
country, the cultural relics that have entered the country temporarily shall be
examined, verified and inspected by the examination and verification authority
for the entry and exit of cultural relics that originally examined, verified and
registered them; and if all is in order, the administrative department for
cultural relics under the State Council shall issue an exit permit for these
cultural relics and the Customs shall let them leave the country on the strength
of the permit.
Chapter VII
Legal Liabilities Article 64 Anyone who, in violation of the provisions of this Law,
commits one of the following acts, which constitutes a crime, shall be
investigated for criminal responsibility according to law:
(1)illicitly
excavating sites of ancient culture and ancient tombs;
(2)intentionally or
negligently damaging or destroying valuable cultural relics under State
protection;
(3)selling without authorization or privately giving the
cultural relics in the collection of State-owned cultural institutions to a unit
not owned by the State or an individual;
(4)selling or giving, without
authorization, to foreigners valuable cultural relics that the State prohibits
from being taken out of the country;
(5)seeking profits by reselling the
cultural relics that are prohibited by the State from being dealt in;
(6)smuggling cultural relics;
(7)robbing,plundering or privately dividing
State-owned cultural relics or illicitly taking them into his possession;
or
(8)other acts hindering the control over cultural relics and that shall
be investigated for criminal responsibility.
Article 65 Anyone who, in
violation of the provisions of this Law, causes the missing of or damage to
cultural relics shall bear civil responsibility according to law.
Where the
violation of the provisions of this Law constitutes an act against security
administration, the public security organ shall impose a security administration
punishment according to law.
Where the violation of the provisions of this
Law constitutes an act of smuggling, but is not serious enough to constitute a
crime, the Customs shall impose a punishment in accordance with the provisions
of the relevant laws and administrative rules and regulations.
Article 66
Any unit that commits one of the following acts, which is not serious enough to
constitute a crime, shall be ordered by the competent administrative department
for cultural relics under the peoples government at or above the county level to
put it right; if serious consequences are caused, it shall be fined not less
than RMB 50,000 yuan but not more than 500,000 yuan; and if the circumstances
are serious, the authority that originally issued the qualification certificate
shall revoke the certificate:
(1)without authorization, conducting
construction project or such operations as blasting, drilling and digging within
the area of protection for a historical and cultural site;
(2)conducting
construction project in an area for the control of construction within a site
protected for its historical and cultural value; the design for which is not
submitted to the administrative department for cultural relics for consent or to
the urban and rural construction planning department for approval, and which
deforms the historical features of the site protected for its historical and
cultural value;
(3)removing or dismantling irremovable cultural relics
without authorization;
(4) repairing irremovable cultural relics without
authorization and obviously changing their original state;
(5)without
authorization, rebuilding on the original site irremovable cultural relics that
are totally damaged and thus destroying the cultural relics; or
(6)in the
case of a construction unit without qualification certificate for projects
designed to protect cultural relics, repairing, removing or reconstructing
cultural relics.
Anyone who scrawls or smears on cultural relics or does
damage to them not seriously, or to the signs of the sites, which are protected
for their historical and cultural value, put up in accordance with the
provisions of the first paragraph of Article 15 of this Law shall be given
disciplinary warning by the public security organ or by the unit where the
cultural relics are located, and may, in addition, be imposed a
fine.
Article 67 Where a unit puts up, within the area of protection for
a site protected for its historical and cultural value or the area for the
control of construction, facilities that pollute the site and its environment,
or fails to bring under control within the specified time limit the existing
facilities that pollute the site and its environment, it shall be imposed a
punishment by the administrative department for environmental protection in
accordance with the provisions of the relevant laws and administrative rules and
regulations.
Article 68 Any unit or individual that commits one of the
following acts shall be ordered by the competent administrative department for
cultural relics under the peoples government at or above the county level to put
it right and its/his unlawful gains derived therefrom shall be confiscated; if
the amount of such unlawful gains is more than 10,000 yuan, it/he shall be fined
not less than two times, but not more than five times, the amount of the
unlawful gains; and if the amount of the unlawful gains is less than 10,000
yuan, it/he shall be fined not less than 5,000 yuan but not more than 20,000
yuan:
(1)transferring or mortgaging State-owned immovable cultural relics,
or making them enterprise assets for business operation;
(2)transferring
or mortgaging irremovable cultural relics not owned by the State to foreigners;
or
(3)without authorization, changing the purpose of use of a site
protected for State-owned cultural relics.
Article 69 Where the layout,
environment, historical features, etc. of a famous city of historical and
cultural value are seriously undermined, the State Council shall revoke its
title of famous city of historical and cultural value; where the layout,
environment, historical features, etc. of a town, neighborhood or village of
historical and cultural value are seriously undermined, the peoples government
of the relevant province, autonomous region or municipality directly under the
Central Government shall revoke its title of neighborhood, town or village of
historical and cultural value; and the persons directly in charge and the other
persons directly responsible shall be given administrative sanctions according
to law.
Article 70 Where a unit commits one of the following acts, which
is not serious enough to constitute a crime, the competent administrative
department for cultural relics under the peoples government at or above the
county level shall order it to put it right and may, in addition, impose on it a
fine of not more than 20,000 yuan; and if there are unlawful gains derived
therefrom, such unlawful gains shall be confiscated:
(1)in the case of an
institution for the collection of cultural relics, failing to have facilities
against fire, robbery and natural damage installed as required by the provisions
of the relevant regulations of the State;
(2)in the case of the legal
representative of an institution for the collection of State-owned cultural
relics, when leaving his post, failing to hand over the cultural relics in
accordance with the files on the cultural relics in the collection of the
institution, or the cultural relics handed over are not in agreement with the
files;
(3)donating, leasing or selling State-owned cultural relics in the
collection of cultural institutions to other units or individuals;
(4)disposing of State-owned cultural relics in the collection of cultural
institutions in violation of the provisions of Articles 40, 41 and 45 of this
Law; or
(5)in violation of the provisions of Article 43 of this Law,
misappropriating or taking into ones own possession the amount of compensation
gained from the cultural relics transferred, exchanged or lent according to law.
Article 71 Where a unit or individual deals in cultural relics that the
State prohibits from being dealt in
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