On Amending The Xi ' An City Of Xi ' An Municipal Cultural Relic Market Management The Interim Measures Decision

Original Language Title: 西安市人民政府关于修改《西安市文物市场管理暂行办法》的决定

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(June 4, 2004 in XI ' an city people's Government, the 51st Executive meeting on August 15, 2004, Xian Municipal Government released 28th come into force on the date of promulgation), the second is amended as: "the cultural relics market in these measures refers to in accordance with the relevant provisions of the State cultural relics set up franchise stores and items of cultural relics supervision trading takes place. "Second, seventh revised as follows:" open franchise store of cultural relics shall be approved by the Administrative Department for cultural relics, after the Administrative Department for industry and commerce business license, it may operate. "Three, eighth modified to" operating regulatory units and individual items of cultural relics, should go to the local administration for industry and Commerce Department after you apply for a business license, it may operate. "Four article Nineth, amended to read:" without the approval of the Administrative Department for cultural relics, no unit or individual shall engage in the business activities of cultural relics. "Five, 17th the second modification is as follows:" forgery and misappropriation, falsification of heritage regulation signs, at 1000 to 10000 Yuan in fines. "Six, 17th fourth amended as:" without the approval of the Administrative Department for cultural relics workers engaged in activities, be ordered by the Administrative Department for cultural relics to cease business and shall be fined a maximum of 10000 Yuan. "Seven, 18th revised as follows:" operating without a business license or cultural relics supervision activities, industrial and commercial administrative departments in accordance with the relevant provisions of the State.
    "Eight, the deletion of article 24th.
In addition, under the provisions of this decision in order to make the appropriate adjustments.
This decision shall come into force as of the date of.

    The XI ' an City cultural relic market management interim measures be revised according to this decision, republished. Attached: Xian City Heritage market management provisional approach (2004 amendment this) (June 19, 1995 City Government released according to City Government April 20, 2000 on modified straddling Xian City Heritage market management provisional approach of decided amendment according to City Government August 15, 2004 on modified straddling Xian City Heritage market management provisional approach of decided Amendment) first article for protection and inherited history culture heritage, prosperity, and development heritage career, strengthening heritage market supervision management
    According to the People's Republic of China cultural relic protection law and other relevant laws and regulations of, considering the actual situation in the city, these measures are formulated.
    Cultural relics market in these measures refers to article II in accordance with the relevant provisions of the State cultural relics set up franchise stores and items of cultural relics supervision trading takes place.
    Article workers to business activities in the administrative area of the city of units and individuals, must comply with these measures.
    Fourth XI cultural Administrative Department is responsible for the management of the cultural relics market, administration of industry and commerce, public security and other departments should perform their respective duties, cooperate, and collaborative management.
    Fifth article following heritage by heritage administration sector law identification approved Hou, party can by heritage franchise store business: (a) 1911 yiqian China and foreign making, and production, and published of ceramic device, and gold and silver device, and bronze and other metal device, and jade device, and lacquer, and glass vessels, and various material of carved products, and sculpture products and furniture, and painting, and inscription, and rubbings, and weaving embroidered, and currency, and apparatus,; (ii) national heritage administration sector determine of late famous painting home and arts and crafts home of works. Article sixth the following items for monitoring items of cultural relics.
    Business heritage regulatory items of units and personal, must by category filled business Declaration, by heritage administration sector law identification approved, Qian cover logo Hou, party can in heritage regulatory items trading places business: 1911 to 1949 China and foreign making, and production, and published of ceramic device, and gold and silver device, and bronze and other metal device, and jade device, and lacquer, and glass vessels, and various material carved products and sculpture products, and furniture, and painting, and inscription, and rubbings, and weaving embroidered, and currency, and apparatus,.
    Listed on the items identified by the Administrative Department for cultural relics believed to have high historical, scientific and artistic value, should be operated by a franchise store of cultural relics.
    Article seventh opening franchise store of cultural relics shall be approved by the Administrative Department for cultural relics, after the Administrative Department for industry and commerce business license, it may operate.
    Article eighth supervision unit and individual items of cultural relics, should go to the local administration for industry and Commerce Department after you apply for a business license, it may operate.
    Nineth without the approval of the Administrative Department for cultural relics, no unit or individual shall engage in the business activities of cultural relics.
    No unit or individual may engage in territory of archaeological finds and States ban the sale of other artifacts. Article tenth citizens sell personal collections of cultural relics, certified in accordance with the method set forth in fifth or sixth, to specialty store or cultural relics regulatory items on consignment of trading venues.
    Cultural relics of the State banned can be designated by the Administrative Department for cultural relics units to buy. Article 11th artifacts and items of cultural relics supervision, should pay the appraisal fee.
    Standard appraisal fee approved by the municipal price control Department.
    12th where a domestic heritage franchise stores belonging to citizens when the country prohibited cultural relics, should have an ID card, fill in the purchase of domestic cultural relics registration card in order to purchase.
    13th heritage regulatory exchanges should set clear, English flag, marked: sell regulatory items necessary to carry out of the country, must hold purchasing invoice and items of cultural relics supervision to the Administrative Department for cultural relics in Shaanxi Province for departure clearance.
    14th of municipal cultural relics administration departments should strengthen supervision and inspection of cultural relics market, promptly investigate and deal with illegal business.
    Cultural relic market management duties, should produce of the XI ' an City cultural relics commodities inspection permit, and with the participation of two or more persons.
    15th article engaged in heritage and heritage regulatory items business activities of units and personal, must comply with following provides: (a) civilization, and just, and honest, and legal, shall not strong pulled strong sold, dominate the, and extortion; (ii) strictly in approved of business range within for business, shall not business without identification of heritage or heritage regulatory items, shall not beyond approved of project business; (three) in approved of business locations business; (four) established heritage security protection system and measures. 16th found engaged in excavations in the territory, or when the State banned the sale of other cultural relics, shall immediately report the cultural Administrative Department, or a public security organ.
    On Prosecutor's active units and individuals, should be commended and rewarded. 17th article engaged in heritage and heritage regulatory items business, has following behavior one of of, by heritage administration sector by following provides punishment: (a) violation this approach fifth article, and sixth article provides of, depending on its plot, respectively be warning, and 2000 Yuan to 10000 Yuan of fine; (ii) forged, and misappropriated, and altered heritage regulatory logo of, at 1000 Yuan to 10000 Yuan of fine; (three) violation this approach 13th article provides of, ordered deadline set in the, and English logo description, late not set of,
    Fine of 500 Yuan (iv) without the approval of the Administrative Department for cultural relics workers engaged in activities, be ordered by the Administrative Department for cultural relics to cease business and shall be fined a maximum of 10000 Yuan.
    Article 18th operating without a business license or cultural relics supervision activities, industrial and commercial administrative departments in accordance with the relevant provisions of the State.
    Article 19th of profiteering, smuggling cultural relics, the public security organs shall investigate and deal with.
    Article 20th illegal business, and cultural relics supervision unit and individual items, if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
    21st in accordance with this approach the confiscated money, should be paid in full financial and shall not be appropriated for other purposes.
    22nd cultural relic market management neglect, abuse, practise favoritism and violations of these rules, and given administrative sanctions by the relevant authorities constitutes a crime, criminal responsibility shall be investigated according to law. 23rd party refuses to accept the decision on administrative penalty, based on the administrative reconsideration law and the provisions of the administrative procedure law of administrative reconsideration or administrative proceedings.
    If no application for administrative reconsideration, bring a suit, nor performs the decision made the decision of the administrative authority may apply to a people's Court according to law enforcement.
                                      24th article this way come into force on the date of promulgation.