People's Republic Of China Cultural Relic Protection Law Implementing Regulations (Full Text)  

Original Language Title: 中华人民共和国文物保护法实施条例(全文)  

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    People's Republic of China promulgated by Decree (No. 377) People's Republic of China cultural relic protection law regulations for the implementation of the State Council on May 13, 2003 the 8th Executive Council, are hereby promulgated and, as of July 1, 2003.
Premier Wen Jiabao on May 18, 2003 (end) People's Republic of China cultural relic protection law implementing regulations (full text) Chapter I General provisions article in accordance with the People's Republic of China cultural relic protection law (hereinafter referred to as cultural relics protection law), these regulations are formulated. Second State key cultural relic protection special purpose grants funds and special funds for local cultural relics protection, cultural relics administration departments at or above the county level, investment Department, Finance Department in accordance with the relevant provisions of the State joint management.
No unit or individual shall embezzle.
Third article State-owned of Museum, and Memorial, and heritage protection units, of career sex income, should for following uses: (a) heritage of custody, and displayed, and repair, and collection; (ii) State-owned of Museum, and Memorial, and heritage protection units of repair and construction; (three) heritage of security prevention; (four) archaeological survey, and exploration, and excavations; (five) heritage protection of scientific research, and publicity education.
Fourth article the competent administrative Department for cultural relics and education, science and technology, competent administrative Department of press and publication, radio and television should be doing publicity and education work of heritage preservation.
Article fifth Administrative Department for cultural relics under the State Council and the provincial, autonomous region, municipality directly under the Administrative Department for cultural relics, conservation science and technology research projects should be developed, taking effective measures, promoting heritage conservation promotion and application of science and technology achievements, improving the level of science and technology of conservation.   
Sixth law of cultural relics protection listed in the 12th story, one of the units or individuals, by the people's Governments and their cultural relics Administrative Department, relevant departments giving moral encouragement or material reward.
Chapter unmovable cultural relics seventh historical and cultural cities, and construction administrative departments under the State Council in conjunction with the competent administrative Department for cultural relics under the State Council be approved and announced by the State.
Historic neighborhoods, towns, provinces, autonomous regions, municipalities and rural planning administrative departments of cultural relics Administrative Department of the people's Governments at the corresponding level for approval and announcement.
Prepared by the local people's Governments at or above the county level historical and cultural cities and the conservation plan of historic neighborhoods, towns, and should meet the requirements of cultural relics protection.
The eighth national key cultural relics protection units and approved by the provincial-level cultural relic protection units within 1 year from the date of its publication, drawn by the people's Governments of provinces, autonomous regions and municipalities need the scope of protection, make signs, building records, set up or designate a person responsible for management of the specialized agencies.
The city divided into districts, autonomous prefecture-level and county-level cultural relic protection units within 1 year from the date the authorized, approved and published by the shall be determined the scope of protection of the cultural relics protection units, signs, building records, set up or designate a person responsible for management of the specialized agencies.
Nineth scope of protection of the cultural relics protection units, refers to the cultural relics protection units ontology and a range around the implementation of key protected areas.
The scope of protection of the cultural relics protection units should be based on the category of cultural relic protection unit, size, content, history and the realities of the environment in and around divide, in cultural relics protection units and maintain a safe distance outside the body, to ensure the authenticity and integrity of cultural relics protection units. The tenth sign of the cultural relics protection units, should include the level of cultural relic protection unit, name, publication, date of publication date, beacon, beacon, and so on.
Logo description of the autonomous region's cultural relics protection units, both standard Chinese and local ethnic languages.
11th cultural relic protection unit record files, records should include cultural relic protection units ontology, science and technology information and relevant documents, administration and so on.
Records of the cultural relics protection units, full use should be made of text, audio, pictures and rubbings, facsimile, electronic forms such as text, contained in the effective performance of its content. 12th sites of ancient culture, ancient tombs, grottoes and Memorial buildings, ancient architectural structures owned by the State, is approved and announced as a cultural relic protection unit, specified by the local people's Governments at or above the county level shall set up specialized agencies or institutions responsible for the management.
Other cultural relics protection units, specified by the local people's Governments at or above the county level shall set up specialized agencies or bodies, the specialist in charge; designate a person responsible for management, may employ conservation officers form. Cultural relics protection units, using units shall establish mass organizations of cultural relics protection; do not use unit, village committees or neighborhood committees could be established, where the cultural relic protection unit mass organizations of cultural relics protection.
The competent administrative Department for cultural relics should be given to the activities of mass organizations of cultural relics protection guidance and support.
Agencies in charge of managing cultural relics protection units, shall establish and improve rules and regulations, take safety measures; its security personnel, according to law is equipped with defence equipment.
13th cultural relic protection unit building control areas, means outside the scope of protection of the cultural relics protection units, in order to protect the safety of cultural relics protection units and the environment, restrictions on construction project of regional history.
Construction of cultural relics protection units control area should be based on the category of cultural relic protection unit, size, content, history and the realities of the environment in and around divide.
14th national key cultural relics protection units of construction control zones, approved by the people's Governments of provinces, autonomous regions and municipalities, provinces, autonomous regions and municipalities directly under the Administrative Department for cultural relics under determined and published by the Administrative Department in conjunction with urban and rural planning.
Provincial, city divided into districts, autonomous prefecture-level and county-level cultural relic protection units of construction control zones, approved by the people's Governments of provinces, autonomous regions and municipalities, approved and published by the cultural relic protection units of the Administrative Department for cultural relics under determined and published by the Administrative Department in conjunction with urban and rural planning. Article 15th cultural relic protection unit repair, relocation, reconstruction units, should be issued by the competent administrative Department for cultural relics and made the appropriate level of cultural relic protection project qualification certificate and the construction Administration Department of the appropriate level of qualification certificates.
Among them, the repair of cultural relics protection units did not involve construction, relocation, reconstruction, and should be made by appropriate level issued by the competent administrative Department for cultural relics protection units of engineering qualification certificate.
16th section to apply for cultural relic protection project qualification certificate, subject to the following conditions: (a) have access to Heritage Museum staff of professional and technical positions, (ii) have engaged in cultural relics protection project required technical equipment; (c) the other conditions stipulated by laws and administrative regulations. 17th to apply for cultural relic protection project qualification certificate shall be made to the Governments of provinces, autonomous regions and municipalities directly under the administration of cultural relics departments or apply to the competent administrative Department for cultural relics under the State Council. Governments of provinces, autonomous regions and municipalities directly under the cultural relics administrative department or the competent administrative Department for cultural relics under the State Council shall, within 30 working days from the date of receipt of the application for approval or disapproval decision. Approved by decision, issue the relevant level of cultural relic protection project qualification certificate; decided not to grant, and shall notify the parties in writing and state the reasons.
Heritage engineering qualification grade standard and approval, enacted by the competent administrative Department for cultural relics under the State Council.
18th article the competent administrative Department for cultural relics in vetting and approving cultural relics protection units of repair planning and design scheme of the former, you should seek the views of the higher administrative Department for cultural relics under.
19th against the national key cultural relics protection units of security or undermine its historic buildings and structures, the Governments of provinces, autonomous regions and municipalities are responsible for investigation and treatment.
Against provincial, city divided into districts, autonomous prefecture-level, county-level cultural relic protection units safety or destruction of their historic buildings and structures, approved and published by the cultural relic protection unit shall be responsible for the investigation and treatment.  
Damage has not yet been approved and announced as a cultural relic protection units of unmovable cultural relics safe buildings and structures, the people's Governments at the county level are responsible for investigation and treatment.
Third chapter archaeological excavations 20th article application engaged in archaeological excavations of units, made archaeological excavations qualification certificate, should has following conditions: (a) has 4 name above made archaeological excavations leader qualification of personnel; (ii) has made Heritage Museum professional technology positions of personnel; (three) has engaged in heritage security defend of professionals; (four) has engaged in archaeological excavations by needed of technology equipment; (five) has guarantees heritage security of facilities and places; (six) legal, and administrative regulations provides of other conditions. 21st qualification certificate apply for archaeological excavations, an application shall be submitted to the competent administrative Department for cultural relics under the State Council. Administrative Department for cultural relics under the State Council shall from the date of receipt of the application within 30 working days to approve or disapprove the decision.
Decided to approve and issue the certificate of qualification of archaeological excavations; decided not to grant, and shall notify the parties in writing and state the reasons. 22nd archaeological project manager responsible for the system.
As a personnel manager, the competent administrative Department for cultural relics under the State Council shall be obtained in accordance with the relevant provisions of the State archaeological excavation leader issued qualification certificates. 23rd with construction engineering to conduct archaeological investigation, prospecting, excavation, by provinces, autonomous regions and municipalities directly under the Administrative Department for cultural relics under implementation.
Across the provinces, autonomous regions and municipalities within the construction of archaeological investigation, prospecting, mining, the construction project is located the relevant province, autonomous region, municipality directly under the Administrative Department for cultural relics under the joint implementation, where particularly important construction projects within the scope of archaeological investigation, prospecting, excavations, carried out by the competent administrative Department for cultural relics under the State Council organization.
Construction unit to facilitate the construction of archaeological investigation, prospecting, exploitation, shall provide assistance shall be without prejudice to archaeological investigation, prospecting, excavation. 24th the competent administrative Department for cultural relics under the State Council shall receive the cultural relics protection law 30th article excavation project within 30 days from the date of approval or disapproval decision.
Approved by decision, approval documents decided not to grant, and shall notify the parties in writing and state the reasons.
30th cultural relics protection law of article rescue excavation, provincial, autonomous regional and municipal cultural relics Administrative Department shall start within 10 working days from the date the competent administrative Department for cultural relics under the State Council go through examination and approval procedures. 25th archaeological investigation, prospecting, exploring the scope of requirements and standards, in accordance with the relevant provisions of the State.
Article 26th archaeological excavation units engaged in archaeological excavations should be completed within 30 working days of provinces, autonomous regions and municipalities directly under the cultural relics Administrative Department and completed reports submitted by the competent administrative Department for cultural relics under the State Council, and post-project report submitted within 3 years from the date of the provincial, autonomous regional and municipal cultural relics Administration Department and the Administrative Department for cultural relics under the State Council report on archaeological excavations. 27th article engaged in archaeological excavations of units submitted archaeological excavations report Hou, by province, and autonomous regions, and municipalities Government heritage administrative competent sector or State Heritage administrative competent sector according to their terms approved, can retained few archaeological finds as research specimens, and should Yu submitted excavations report of day up 6 months within will other archaeological finds transfer to by province, and autonomous regions, and municipalities Government heritage administrative competent sector or State Heritage administrative competent sector specified of State-owned of Museum, and  
Or other State-owned cultural relics collected in the library collection.
Fourth chapter Museum 28th collection unit should establish collections of cultural relics of the receipt, identification, registration, cataloging and archiving system, warehouse management system, storage, write-off and statistical systems, maintenance, repair and replication system. 29th article County Government heritage administrative competent sector should will this administrative within of collection heritage archives, according to administrative membership relationship reported set district of city, and autonomous level Government heritage administrative competent sector or province, and autonomous regions, and municipalities Government heritage administrative competent sector record; set district of city, and autonomous level Government heritage administrative competent sector should will this administrative within of collection heritage archives, reported province, and autonomous regions, and municipalities Government heritage administrative competent sector record; province, and autonomous regions, and
Municipalities in the Administrative Department for cultural relics under the respective administrative areas should be level collection of archives, reported to the competent administrative Department for cultural relics under the State Council for the record.
30th units use collections of cultural relics collection, collections of cultural relics of the borrower shall borrow to take the necessary protective measures, to ensure their safety.
Risk of loss, damage of the borrowed historical relics, except otherwise agreed by the parties, by using the Museum's collection should undertake.
31st state-owned collections of cultural relics unit in accordance with the heritage-protected article 36th of the Act provides for the establishment of museum archives and museum archives reported to the competent administrative departments for cultural relics may not be exchanged, borrowing historical relics.
Article 32nd repairing, copying, rubbings collected secondary relics and collections of third class shall be submitted to Governments of provinces, autonomous regions and municipalities directly under the approval of the competent administrative Department for cultural relics; repairing, copying, rubbing collection-level cultural relics, shall be subject to the provincial, autonomous region, municipality directly under the Administrative Department for cultural relics under review approval of the Administrative Department for cultural relics under the State Council.
33rd collection restoration, replication routes, Chang said, subject to the following conditions: (a) have achieved mid-level Heritage Museum staff of professional and technical positions, (ii) has engaged in collections conservation, replication, rubbing the premises and technical equipment required, and (iii) other conditions stipulated by laws and administrative regulations. 34th collection restoration, replication routes, Chang said, should be to the provinces, autonomous regions and municipalities directly under the Administrative Department for cultural relics under the application. The provinces, autonomous regions and municipalities directly under the Administrative Department for cultural relics under shall be made within 30 working days from the date of receipt of the application approval or disapproval decision.
Decision, to the appropriate grade for the qualification certificate; decided not to grant, and shall notify the parties in writing and state the reasons.
35th for the production of publications, audio-visual products, such as secondary shot collection and collection level cultural relics, shall be submitted to the provinces, autonomous regions and municipalities directly under the approval of the Administrative Department for cultural relics under; photograph collection-level cultural relics, shall be subject to the provincial, autonomous region, municipality directly under the Administrative Department for cultural relics under review approval of the Administrative Department for cultural relics under the State Council.
36th collection was stolen, robbed or lost, the heritage collection unit should be immediately reported to the public security organs, and to report to the competent administrative Department for cultural relics; the competent administrative Department for cultural relics in the collection unit to report within 24 hours, and to report thereon to the competent administrative Department for cultural relics under the State Council. 37th article State and State-owned of enterprise, and career organization, collection, and custody State-owned heritage of, should perform following obligations: (a) established heritage collection archives system, and will heritage collection archives reported location province, and autonomous regions, and municipalities Government heritage administrative competent sector record; (ii) established, and sound heritage collection of maintenance, and repair, management system, ensure heritage security; (three) heritage collection was stolen, and was Rob or lost of, should immediately to police organ reported, and while to location province, and autonomous regions, and  
Municipal Administrative Department for cultural relics under the report.
Fifth chapter private collection article 38th cultural relics collection units other than the citizens, legal persons and other organizations, law collections, ownership of its law collections of cultural relics are protected by law.
Citizens, legal persons and other organizations to collect relics, you can request the competent administrative Department for cultural relics to its collection of artifacts to provide identification, restoration and maintenance advice.
39th established cultural relics stores, subject to the following conditions: (a) have more than 2 million yuan of registered capital, (ii) have achieved 5 or more intermediate Heritage Museum professional and technical posts at or above the staff, (c) has custody of heritage sites, installations and technical requirements; (d) the other conditions stipulated by laws and administrative regulations. 40th established cultural relics stores shall, in accordance with the competent administrative Department for cultural relics under the State Council to the provinces, autonomous regions and municipalities directly under the people's Governments above apply to the competent administrative Department for cultural relics. The provinces, autonomous regions, municipalities directly under the people's Governments above the Administrative Department for cultural relics shall within 30 working days from the date of receipt of the application for approval or disapproval decision.
Approved by decision, approval documents decided not to grant, and shall notify the parties in writing and state the reasons.
41st lawfully established auction company, engaged in the operation of the auction of cultural relics, there should be 5 or more advanced Museum professional and technical positions of cultural relics auction professionals, and cultural relics auction licenses issued by the competent administrative Department for cultural relics under the State Council. 42nd lawfully established auction companies to apply for cultural relics auction licenses, an application shall be submitted to the competent administrative Department for cultural relics under the State Council. Administrative Department for cultural relics under the State Council shall from the date of receipt of the application within 30 working days to approve or disapprove the decision.
Decided to approve, to cultural relics auction licenses; decided not to grant, and shall notify the parties in writing and state the reasons. Article 43rd antique shops buying, selling cultural relics, engaged in heritage auctions auction company auctions heritage, heritage shall be recorded the name, catalogue, source, relics of seller, seller and buyer's name, residence, ID number or a valid certificate number, and transaction value and approve its sale, the auction of cultural relics administration departments.
Competent administrative departments shall accept the filing of cultural relics for their secrecy, and the records kept for 75 years.  
Cultural relics administrative departments should strengthen the antique shops and business supervision and inspection of the auction of cultural relics auction companies. Sixth chapter entry cultural relics out of the 44th cultural relics Administrative Department for cultural relics under the State Council specified the means of audit institutions, inward and outward responsibilities shall have more than 5 full-time relics Appraisers.
Inward and outward responsibilities full-time cultural relics appraisers mid-level Heritage Museum professional and technical positions and shall be obtained by the competent administrative Department for cultural relics under the State Council examination. 45th shipping, mailing, carrying out of cultural relics, shall before leaving the law cultural relics imported or exported audit agency audit.
Exit audit institutions of cultural relics shall within 15 working days from the date of receipt of an application, make a decision on whether to allow exit.
Exit audit agency audit artifacts of cultural relics, 3 or more museum professionals of cultural relics shall participate in which there should be 2 or more inward and outward responsibilities of cultural relics Appraisers.
Cultural relics out of the audit opinion signed by inward and outward responsibilities of cultural relics appraisers; audited, the inward and outward responsibilities of cultural relics appraisers agreed to allow the exit of cultural objects, relics exit audit institutions allowed may be made of the decision.
Cultural relics out of the audit standards, developed by the competent administrative Department for cultural relics under the State Council.
Article 46th heritage audit entry and exit by the entry and exit of audit institutions should heritage name, texture, dimension, level, party name or name and address, a valid identity document number or a valid certificate number, as well as exit ports, heritage destination and date registered. 47th upon examination allows the exit of cultural objects, export permit issued by the competent administrative Department for cultural relics under the State Council cultural relics, and identified by a marked cultural relics out of entry and exit of cultural relics assessment body. Auditing allows the exit of cultural objects should be from the Administrative Department for cultural relics under the State Council specified port departure.
Customs inspection of cultural relics out of identity, cultural relics out of the license release.
Audited do not allow out of artifacts, returned to the party by the entry and exit of cultural relics assessment body. 48th cultural relics out of the organizer of the exhibition shall be 6 months prior to the exhibition to apply to the competent administrative Department for cultural relics under the State Council. Administrative Department for cultural relics under the State Council shall from the date of receipt of the application within 30 working days to approve or disapprove the decision.
Approved by decision, approval documents decided not to grant, and shall notify the parties in writing and state the reasons.
Relics exhibits more than 120 pieces (sets), or relics exhibits more than 20% of their exhibits, shall be submitted to the State Council for approval. 49th level ' in orphan and vulnerable to damage, stop the exhibition.
List of prohibited exhibits cultural relics, published periodically by the competent administrative Department for cultural relics under the State Council.
Not official exhibition of cultural relics in the country, no exit exhibit. 50th Exhibition of cultural relics and exit shall not exceed a period of 1 year.
Due to special needs, approved by original examination and approval organ may be postponed, but should not be longer than 1-year extension. 51st cultural relics out of the exhibition period, appears likely to endanger the safety of cultural relics exhibition, the original approval authorities may decide to suspend or cancel the exhibition.
52nd temporary entry cultural relics and artifacts after sealed by the customs, the determinacy of inward and outward audit agency audit and registration of cultural relics.
Inward and outward inspection audit institutions of cultural relics after the Customs seals intact, temporary entry of each temporary import marked cultural relics identification, registration and take pictures.
Temporary import complex when should the original audit check entry registration, registration of entry and exit of cultural relics assessment body photographed, identification of temporary entry identify the errors indicate cultural relics and exit identification and export permit issued by the competent administrative Department for cultural relics under the State Council cultural relics.
Failing to complete the formalities provided for in the first paragraph of this article heritage complex of the temporary entry and exit, in accordance with the provisions of this chapter on the cultural relics out of process.  
The 53rd no unit or individual may be supplemented, removed or replaced, misappropriation or damage to cultural relics out of identification, temporary entry of cultural relics identification.
Seventh chapter legal liability article 54th public security, industry and commerce administration, heritage, customs, town and country planning, construction, and other relevant departments and their staff, in violation of the provisions of this Ordinance, permission to abuse, failure to perform duties or finds an offence is not investigated, the persons in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
55th in violation of the provisions of this Ordinance, without the appropriate level of qualification certificate of cultural relic protection project, allowed to bear the repair of cultural relics protection units, migration, reconstruction, by the competent administrative Department for cultural relics a rectification; fails to make corrections, or serious consequences, of less than 50,000 yuan and 500,000 yuan fine constitutes a crime, criminal responsibility shall be investigated according to law.
Violation of the provisions of this Ordinance, without obtaining the construction Administration Department of the appropriate level of qualification certificate without authorization and assumed cultural relics protection units containing construction repair, relocation, reconstruction and construction Administrative Department in accordance with relevant laws, administrative laws and regulations will be punished.
56th in violation of the provisions of this Ordinance, without obtaining the certificate of qualification without authorization and collections cultural relics restoration, replication activities, Chang said, the cultural relics Administrative Department shall order to stop the illegal activities; illegal income shall be confiscated and those engaged in illegal activities of special tools, equipment, causing serious consequences, and to a fine of up to 10,000 yuan and 100,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.
57th 66th heritage protection law fines provided for in the second paragraph of article, amounting to less than 200 Yuan.
The 58th in violation of the provisions of this Ordinance, unauthorized repair, replication, rubbing, photograph collection of precious cultural relics, warning is given by the competent administrative Department for cultural relics, causing serious consequences, of less than 2000 Yuan and 20,000 yuan fine the responsible person in charge and other direct liable persons shall be given administrative sanctions.
59th archaeological excavation in violation of the provisions of this Ordinance, is not submitted within the time stipulated in the post-project report or report on archaeological excavations, the people's Governments of provinces, autonomous regions and municipalities directly under the cultural relics administrative department or the competent administrative Department for cultural relics under the State Council ordered to correct; it fails to, the persons in charge and other direct liable persons shall be given administrative sanctions.
60th archaeological excavation in violation of the provisions of this Ordinance, is not within the time stipulated in the transfer of cultural relics, the people's Governments of provinces, autonomous regions and municipalities directly under the cultural relics administrative department or the competent administrative Department for cultural relics under the State Council ordered to correct; it fails to, or serious consequences, the persons in charge and other direct liable persons shall be given administrative sanctions.
The 61st in violation of the provisions of this Ordinance, of cultural relics out of the exhibition within the exhibition period, the Administrative Department for cultural relics under the State Council shall order correction within; the persons in charge and other direct liable persons shall be given administrative sanctions.
62nd in accordance with the law of cultural relics protection provisions of 66th, 73rd, units were to revoke the licence administrative punishment, according to law to the Administrative Department for industry and commerce registration or cancellation of registration changes; fails to go through, and by the Administrative Department for industry and commerce shall revoke business licenses.  
63rd in violation of the provisions of this Ordinance, change state-owned museums, memorials, cultural relics protection units such as the purposes of the business income, the persons in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. Eighth chapter supplementary articles the 64th article of the regulations come into force on July 1, 2003. (End)

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