People's Republic of China promulgated by Decree No. 580

　　　　　　　　　　　　　　　　　　　　　　　　　Fossil protection regulations of the Executive meeting of the State Council on August 25, 2010 123th adopted, promulgated and take effect on January 1, 2011.

　　　　　　　　　　　　　　　　　　　　　　　　 　Prime Minister Wen Jiabao



The September 5, 2010

Regulations on protection of fossils

Chapter I General provisions

First in order to strengthen the protection of paleontology fossils, promoting scientific research and rational utilization of fossil, this Ordinance is enacted.

Article in the People's Republic of China area and People's Republic of China governing other marine fossils found, collection activities, as well as fossils, such as entry and exit shall be subject to the regulations.

Fossils mentioned in these regulations refers to formation of geological history, and occurs in the formation of animal and plant fossils and trace fossils of the entity.

Australopithecus and ancient human fossils and Quaternary fossil vertebrates associated with human activities related to the protection of cultural relics protection in accordance with national regulations.

Article People's Republic of China area and People's Republic of China remains of other sea areas under the jurisdiction of the fossils belong to the State.

State-owned museums, research institutions, universities and other collections of units of ancient animal fossils, as well as units and individuals donated to the fossils belong to the State of the country, by reason of its termination or alteration of the unit while changing their ownership.

The fourth State fossil classification management, conservation, scientific research priorities, the principle of reasonable use. Fifth land and resources Department of the State Council the national fossil protection.

Local land and resources departments of the people's Government at or above the county level administrative region fossil protection.

People's Governments above the county-level public security, industry and commerce administration departments in accordance with their respective functions and is responsible for the relevant work on fossil protection. Sixth the land and resources department is responsible for establishment of a National Committee of experts on fossil.

National fossil Expert Committee under the State Council departments concerned recommended by the paleontological society and China experts, bear the directory of protected fossils of formulation, national fossils nature reserve established advisory, fossil exploring applications for review, focused on the protection of paleontology fossils the means of identification, and the specific measures formulated by the State Council in charge of land and resources department.

On seventh according to evolutionary and taxonomic importance, will focus on fossils classified as protecting fossils and general protection of the fossils.

Is of great scientific value, or scarcity of fossils below, should be listed as key protection of fossils:

(A) have the type specimens of fossil species named;

(B) maintain complete or more complete fossils of vertebrate paleontology entities;

(C) large or concentrated distribution of the higher plants, fossil, fossil invertebrate and vertebrate trace fossils such as tracks;

(D) identified by the State Department of land and resources need to be focused on the protection of the fossils.

Directory of protected fossils fossils by the State Committee of experts drawn up by the approval of the Ministry of land and resources Department of the State Council and published. Eighth protect fossils focused area, should establish national fossils nature reserve; fossils concentrated area for general protection and protected paleontological fossils that have been found in the region, local fossils nature reserve should be established.

Fossils nature reserve program established in accordance with the People's Republic of China nature reserve provisions of that Ordinance.

Establish national fossils nature reserve, should seek the views of national fossil Expert Committee.

Nineth people's Governments above the county level shall strengthen leadership on fossil protection, fossil protection requirements included in the present budget.

The people's Governments above the county level shall organize relevant departments to carry out fossil protection knowledge education, enhance public awareness of fossils, and in accordance with the relevant regulations of the State in the protection of fossils have made outstanding achievements in the work unit and personal reward.

Chapter II fossil excavation Tenth for research, teaching, popularization of science or salvage of fossil protection needs in order to discover fossils.

Explore fossils, shall comply with the provisions of the second paragraph of this section 11th conditions and in accordance with the provisions of this Ordinance for approval.

Find mentioned in these regulations refers to a certain face, use of mechanical or other power tools for mining activities of the fossils.

11th fossils discovering fossils within the nature reserve at the national level, or excavations focused on the protection of fossils in other regions, should apply to the State Council Department in charge of land and resources and approval at national fossils nature reserve to explore the General protection of paleontology fossils, fossils should be the seat of provinces, autonomous regions and municipal people's Governments in charge of land and resources departments to apply for and obtain approval.

Apply for discovering fossils units should meet the following requirements, and apply when the following conditions have been met to prove material as well as developing project profiles, to develop programmes and explore specimen plan and area of natural ecological conditions for the resumption of the programme:

(A) 3 or above with paleontology or related professional and technical titles, and technicians with fossils discovered more than 3 years experience (at least 1 technicians with paleontology senior professional titles, and as the leader of the excavation activities);

(B) facilities, equipment fit for the fossil excavation;

(C) and fossil protection adapted technologies and processes;

(D) meets the needs of fossil storage facilities, equipment and locations. 12th land and resources departments under the State Council shall, within 3 working days from the date of acceptance of the application to send the application materials national fossil Expert Committee. National fossil Expert Committee shall within 10 working days from the date of receipt of application materials written review comments.

Review comments should serve as an important basis for approval of fossils discovered.

Land and resources departments under the State Council shall accept the application within 30 working days from the date of completion of the review, the applicant meet conditions specified in these regulations the 11th article, save and palaeontological fossil specimens of programmes, to develop programmes and area of natural ecological conditions for the resumption of a plan be approved; does not meet the conditions, and notify the applicant in writing and state the reasons.

Approval of the land and resources Department of the State Council fossils found before applying, should be sought where the fossils of provinces, autonomous regions and municipalities views of the land and resources administration; approval to explore applications, approved excavation of fossils should be informed where the fossils of provinces, autonomous regions and municipalities directly under the people's Governments in charge of land and resources departments.

13th provinces, autonomous regions and municipality land and resources Administration accepts the application for fossil excavation, shall be in accordance with the provisions of the second paragraph of this section 12th term and requirements are reviewed, approved, and listen to expert opinion.

14th unearthing fossils units shall be in accordance with the approved programme of excavation dig; it needs to change the exhumation programme, shall be submitted to the approval of the land and resources Department of the original excavations.

15th discovered fossils of unit shall explore or scientific research, teaching and other activities within 30th of the end, discovered fossils of register corresponding description and annotation, and transferred to the approved excavation designated by the Ministry of land and resources authorities comply with the conditions of collection of collection units. 16th regional geological surveys or research institutions, colleges and universities, such as sporadic collecting fossil specimens for scientific research and teaching needs, does not need to apply for approval, but should be collected before the commencement of sampling time and sampling location, collection number written where the fossils of the provincial, autonomous regional and municipal people's Governments in charge of land and resources department.

Fossil collections collection shall comply with the provisions of this Ordinance.

Sporadic acquisition referred to in these regulations, refers to the use of hand-held mechanical tools very few fossils in surface mining, surface and without affecting other resources activities. 17th foreigner, foreign organizations for Chinese-foreign cooperation in scientific research, People's Republic of China area and People's Republic of China jurisdiction other sea discovered fossils.

Discovering fossils should be approved by the State Department of land and resources, in accordance with conditions specified in these regulations the 11th article of the Chinese units in the manner, and in accordance with this Ordinance on fossil excavation, collection, entry and exit requirements.

18th units and individuals in production, construction and other activities found in fossils, should protect the site, and to report immediately to the local people's Governments at or above the County land and resources administration. Local people's Governments at or above the county level land and resources administration after receiving the report, shall, within 24 hours to the scene, and put forward opinions in the 7th. Necessary, you can report it to the local people's Government shall notify the public security organ to help protect the site.

Find protected fossils should be escalation to the land and resources department, handled by the State Council Department in charge of land and resources.

Manufacturing, construction and other activities found in rescue excavation of fossils need to be, dealt with by the proposed land and resource departments subject to this Ordinance, the 11th of the conditions specified in the second paragraph of article units to explore.

19th the people's Governments above the county level shall land and resources departments should strengthen supervision and inspection of fossil excavation activities, found without legal approval to explore fossils, or not in accordance with the approved programme of excavation excavation of fossils, should be dealt with according to law.

Chapter three fossil collection

20th fossil collections unit, shall comply with the following conditions:

(A) there is a permanent exhibition site, special exhibition, preservation of objects of the appropriate area site;

(B) a corresponding number of paleontology with the relevant research professional or related professional and technical personnel;

(C) natural damage prevent fossil technologies, processes and equipment;

(D) extensive fire, theft and other facilities, equipment and improving safety and security management systems;

(E) the funds required to maintain normal operation.

Competent departments of land and resources of the people's Governments above the county level shall strengthen the fossil collection of management, supervision and inspection. The 21st State Council departments in charge of land and resources to establish a national key preserved fossils archives and databases.

Local people's Governments at or above the county level authorities are responsible for establishing the administration of land and resources focused on the protection of fossil records and databases.

Collection units shall establish the collection of fossils archives and factual description and annotation to the collection of fossils.

The 22nd State to encourage units and individuals to its collection of protected fossils donated to eligible collection collection. No unit or individual may unlawfully trading focused on the protection of fossils. Sale of general protection of fossils, should be appointed by the local people's Governments at or above the county level sites.

Specific measures shall be formulated by the people's Governments of provinces, autonomous regions and municipalities.

23rd State-owned collections of units shall not be focused on the protection of paleontology fossils transfer, Exchange and donation to the non-State-owned collection of units or individuals.

No unit or individual may use its collection of protected fossils transfer, Exchange, gift, pledge to foreigners or foreign organizations.

Between 24th collection unit transfer, Exchange, gives focused protection efforts from its collection of fossils should be approved by the State Department of land and resources. 25th, public security, industry and commerce administration, customs departments confiscated fossils should be inventoried, securing and closing within 30 working days after transfer to the land and resources department at the same level.

Accept transfer received vouchers issued by the Department of land and resources, and will receive the collection of fossils meet the conditions of collection units.

State-owned collections of units are no longer general protection of paleontology fossils, should be dealt with in accordance with the land and resources administration under the State Council.

Fourth chapter fossils of inward and outward

26th unnamed fossils may not exit.

Protected fossils in accordance with one of the following conditions, approved by the State Department of land and resources in order to exit:

(A) require cooperation with foreign research institutions of scientific research;

(B) exchange of scientific and cultural needs for exhibitions abroad.

General protection of fossils located provincial, autonomous regional and municipal people's Governments in charge of land and resources department, before they can leave. Section 27th fossils out of the country, shall be filed with the State Department of land and resources departments or provincial, autonomous regional and municipal people's Governments in charge of land and resources departments submit a leave application, and submitted to the exit lists and photographs of fossils.

Exit application should include the applicant's basic purpose and fossils of exit points or exit, exit time and so on.

Applications focused on the protection of paleontology fossils out of the country, the applicant should also provide foreign cooperation with the basic scientific research and cooperation contracts or the exhibition contract, as well as fossils of the contingency protection plan, protection, insurance certificates and other materials. 28th applications focused on the protection of paleontology fossils out of the country, land and resources administration under the State Council shall, within 3 working days from the date of acceptance of the application to send the application materials national fossil Expert Committee. National fossil Expert Committee shall within 10 working days from the date of receipt of application materials on application exit protected fossils for identification, confirm that fossils of the species, quantity and soundness, and issue a written expert opinions.

Expert opinion should serve as an important basis for whether to approve key protected fossils out of the country.

Land and resources departments under the State Council shall, within 20 working days from the date of acceptance of the application review and meet the required conditions, given its approval of the decision; do not meet the required conditions, notify the applicant in writing and state the reasons.

29th applying for general protection of the fossils out of the country, provinces, autonomous regions and municipalities directly under the people's Governments in charge of land and resources departments should be completed within 20 working days from the date of acceptance of the application review, agree to leave China, given its approval of the decision; do not agree exit, notify the applicant in writing and state the reasons.

30th fossils exit approval document shall be valid for 90 days expired out of the country, new departure should be applied for. Focus on fossils in the length of stay abroad no more than 6 months, due to exceptional circumstances needed to extend outside the residence time shall be 60 days before the expiry of the duration of stay abroad apply for an extension to the land and resources department.

Extension of the maximum period of not more than 6 months.

31st after it has been approved to protect fossils and exit into the applicants shall settle the customs formalities of entry date to apply to the State Department of land and resources within the 5th entry verification. Land and resources departments under the State Council shall, within 3 working days from the date of acceptance of the application to send the application materials national fossil Expert Committee. National fossil Expert Committee shall within 5 working days from the date of receipt of application materials to identify entry focuses on protection of the fossils after exit, and issue a written expert opinions.

Expert opinion should focus on protecting an important basis of fossils into the verification conclusion.

Land and resources departments under the State Council shall accept the application within 15 working days from the date of completion of the verification, the verification conclusion; to identify non-original outbound protection of fossils, instruct the applicant to recover the original exit protected fossils. 32nd outside the temporary entry of fossils should be handed over to the Customs seal, by the territory of units or individuals settle within 5th of import customs formalities apply to the land and resources Department of the State Council verification and registration.

Land and resources departments under the State Council checking Customs seals intact, photograph by, registration. Fossils of the temporary entry after entry and exit from units or individuals in the territory to the land and resources department to apply for verification.

Land and resources departments under the State Council shall, in accordance with the procedures laid down in the 31st article of the Ordinance, accepting the application within 15 working days from the date of completion of the verification, recognized as the original fossils of the temporary entry, approval for exit.

Units or individuals in the territory from the fossils obtained from abroad, should be declared to customs, entry formalities in accordance with the relevant provisions of the customs administration.

33rd shipping, mailing, carrying fossils out of the country, should be declared to customs, and submitted to the Customs Department of State land and resources departments or provinces, autonomous regions and municipalities apply for approval by the competent Department of land and resources.

There is reason to suspect that goods belonging to the fossils out of the country, Customs may require the relevant units or individuals to the land and resources department or exit port is located of the province, autonomous regions and municipalities directly under the people's Governments in charge of land and resources departments to apply for documents belonging to the fossils.

34th State fossils right to recourse to illegal exit. Land and resources Department of the State Council on behalf of the State has specific responsibility for recovery work.

State Department Foreign Affairs, public security, customs authorities shall cooperate with the State Department of land and resources authorities do the illegal exit of fossil recovery work.

The fifth chapter legal liability

35th people's Governments above the county level land and resources administration and staff of one of the following acts, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions directly responsible person in charge and other direct liable persons constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) is not in accordance with the provisions of this Ordinance approved fossils excavated;

(B) not in accordance with the provisions of this Ordinance approved fossils out of the country;

(C) found in violation of the provisions of this Ordinance is not investigated, or the complaint is not dealt with according to law;

(D) other acts that does not perform its functions of supervision.

The 36th unit or individual has any of the following acts, by the Department of land and resources of the people's Governments above the county level shall be ordered to stop excavations, rectified within the confiscated fossils unearthed, and a fine of less than 200,000 yuan and 500,000 yuan; activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) unauthorized excavation of fossils;

(B) is not in accordance with the approved programme of excavation excavation of fossils.

The preceding paragraph (b), if the circumstances are serious, authorizes the fossils discovered by the decision of the land and resources administration revoked the permission to explore.

37th fossil excavation units are not in accordance with the provisions of article transfer of paleontology unearthed fossils, authorizes the fossils discovered by the land and resources administration rectification; fails to make corrections, or causing damage to fossils, of less than 100,000 yuan and 500,000 yuan fine managers directly responsible and other persons directly responsible to constitute a crime, criminal responsibility shall be investigated according to law.

38th article paleontology fossil collection units not meet collection conditions collection paleontology fossil of, by County above government land resources competent sector ordered deadline corrected; late not corrected of, at 50,000 yuan above 100,000 yuan following of fine; has serious effect its collection of focus protection paleontology fossil security of, by State land resources competent sector specified meet conditions of collection units on behalf of collection, on behalf of collection of costs by original collection units bear.

39th fossil collections unit fails to provide for the establishment of archives in the collections of fossils, by the Department of land and resources of the people's Governments above the county level rectification; fails, confiscation of the fossils, and a fine of 20,000 yuan.

40th unit or individual in violation of the requirement to protect fossils and rectification by the industrial and commercial administration sector, confiscate the illegal gains and fines of between 50,000 yuan and 200,000 yuan; activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law. 41st fossil collection units without the approval of the transfer, Exchange and donation collection focuses on the protection of paleontology fossils, by the Department of land and resources of the people's Governments above the county level rectification; has illegally obtained, confiscation of illegal income; it fails the relevant collected fines of between 50,000 yuan and 200,000 yuan.

State-owned collections of units will be focused on the protection of paleontology fossils illegal transfer, Exchange and donation to the non-State-owned collection of units or individuals, State-owned collections of less than 200,000 yuan and 500,000 yuan fine, the directly responsible person in charge and other direct liable persons shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

42nd article units or personal will its collection of focus protection paleontology fossil transfer, and Exchange, and gift, and pledge to foreigners or foreign organization of, by County above government land resources competent sector ordered deadline recovered, on personal at 20,000 yuan above 100,000 yuan following of fine, on units at 100,000 yuan above 500,000 yuan following of fine; has illegal proceeds of, confiscated illegal proceeds; constitute crime of, law held criminal.

Article 43rd units or individuals not approved delivery, mailing, carrying fossils out of the country by the customs in accordance with provisions of relevant laws and administrative regulations to be addressed case constitutes a crime, criminal responsibility shall be investigated according to law.

44th article County above government land resources competent sector, and other about sector of staff, or State-owned of Museum, and scientific research units, and University, and other collection units and excavations units of staff, using positions Shang of convenience, will state-owned paleontology fossil illegal accounted for for has been some, law give disposition, by County above government land resources competent sector recovered illegal occupies of paleontology fossil; has illegal proceeds of, confiscated illegal proceeds; constitute crime of, law held criminal.

The sixth chapter supplementary articles 45th article of the regulations come into force on January 1, 2011.