The Cultural Relics Protection Law of the People's Republic of China


The Law of the People's Republic of China on the Protection of Cultural Relics (2024 Amendment)
2024-11-09
Order of the President of the People's Republic of China
No. 35
The Law of the People's Republic of China on the Protection of Cultural Relics was revised and adopted at the Twelfth Session of the Standing Committee of the Fourteenth National People's Congress of the People's Republic of China on November 8, 2024, and is hereby promulgated and shall come into force on March 1, 2025.
Xi Jinping, President of the People's Republic of China
November 8, 2024
The Law of the People's Republic of China on the Protection of Cultural Relics
(Adopted at the 25th Meeting of the Standing Committee of the Fifth National People's Congress on November 19, 1982; First Amendment based on the Decision on Amending Articles 30 and 31 of the Law of the People's Republic of China on the Protection of Cultural Relics adopted at the 20th Meeting of the Standing Committee of the Seventh National People's Congress on June 29, 1991; First Revision adopted at the 30th Meeting of the Standing Committee of the Ninth National People's Congress on October 28, 2002; Second Amendment based on the Decision on Amending the Law of the People's Republic of China on the Protection of Cultural Relics adopted at the 31st Meeting of the Standing Committee of the Tenth National People's Congress on December 29, 2007; Third Amendment based on the Decision on Amending Twelve Laws including the Law of the People's Republic of China on the Protection of Cultural Relics adopted at the Third Meeting of the Standing Committee of the Twelfth National People's Congress on June 29, 2013; Fourth Amendment based on the Decision on Amending the Law of the People's Republic of China on the Protection of Cultural Relics adopted at the Fourteenth Meeting of the Standing Committee of the Twelfth National People's Congress on April 24, 2015; Fifth Amendment based on the Decision on Amending Eleven Laws including the Accounting Law of the People's Republic of China adopted at the Thirtieth Meeting of the Standing Committee of the Twelfth National People's Congress on November 4, 2017; Second Revision adopted at the Twelfth Session of the Standing Committee of the Fourteenth National People's Congress on November 8, 2024)
Contents
Chapter 1 General Provisions
Chapter 2 Immovable Cultural Relics
Chapter 3 Archaeological Excavation
Chapter 4 Museum Collections
Chapter 5 Privately Collected Cultural Relics
Chapter 6 Import and Export of Cultural Relics
Chapter 7 Legal Liabilities
Chapter 8 Supplementary Provisions
Chapter 1 General Provisions
Article 1 For the purpose of strengthening the protection of cultural relics, inheriting the excellent historical and cultural heritage of the Chinese nation, promoting scientific research, conducting patriotic and revolutionary traditional education, enhancing historical consciousness, strengthening cultural confidence, and building socialist spiritual and material civilization, this Law is formulated in accordance with the Constitution.
Article 2 Cultural relics are protected by the state. As used in this Law, "cultural relics" refers to the following material remains created by humankind or related to human activities that possess historical, artistic, or scientific value:
(1) Ancient cultural sites, ancient tombs, ancient buildings, grotto temples, ancient stone carvings, ancient murals;
(2) Important historical sites, objects, and representative buildings of the modern and contemporary periods related to major historical events, revolutionary movements, or famous figures, and possessing important commemorative significance, educational significance, or historical value;
(3) Precious works of art and arts and crafts from various historical periods;
(4) Important historical documents, manuscripts, and book materials from various historical periods;
(5) Representative objects reflecting the social systems, social production, and social life of various historical periods and ethnic groups.
The subject, standards, and procedures for the identification of cultural relics shall be stipulated and announced by the State Council.
Fossils of ancient vertebrates and ancient humans with scientific value are protected by the state in the same way as cultural relics.
Article 3 Cultural relics are divided into immovable cultural relics and movable cultural relics.
Immovable cultural relics such as ancient cultural sites, ancient tombs, ancient buildings, grotto temples, ancient stone carvings, ancient murals, important historical sites and representative buildings of the modern and contemporary periods are divided into cultural relic protection units and immovable cultural relics that have not been identified and announced as cultural relic protection units (hereinafter referred to as "unclassified immovable cultural relics"); cultural relic protection units are divided into national key cultural relic protection units, provincial cultural relic protection units, and cultural relic protection units at the prefecture-level city and county levels.
Movable cultural relics such as important objects, works of art, arts and crafts, documents, manuscripts, book materials, and representative objects from various historical periods are divided into precious cultural relics and general cultural relics; precious cultural relics are divided into first-class, second-class, and third-class cultural relics.
Article 4 Cultural relic work adheres to the leadership of the Communist Party of China, adheres to the guidance of the socialist core values, and implements the principle of giving priority to protection, prioritizing rescue, reasonable utilization, and strengthening management.
Article 5 All cultural relics existing underground, in inland waters, and in the territorial sea within the territory of the People's Republic of China, as well as cultural relics originating in China and of unknown origin existing in other sea areas under Chinese jurisdiction, belong to the state.
Ancient cultural sites, ancient tombs, and grotto temples belong to the state. Except as otherwise provided by the state, designated protected commemorative buildings, ancient buildings, ancient stone carvings, ancient murals, and representative buildings of the modern and contemporary periods belong to the state.
The ownership of state-owned immovable cultural relics shall not change due to changes in the ownership or right to use of the land to which they are attached.
Article 6 The following movable cultural relics belong to the state:
(1) Cultural relics unearthed or salvaged underground, in inland waters, and in the territorial sea within the territory of China, and in other sea areas under Chinese jurisdiction, except as otherwise provided by the state;
(2) Cultural relics collected and preserved by state-owned cultural relic collection units and other state organs, troops, and state-owned enterprises and institutions;
(3) Cultural relics collected, purchased, or confiscated by the state according to law;
(4) Cultural relics donated to the state by citizens and organizations;
(5) Other cultural relics stipulated by law to belong to the state.
The ownership of state-owned movable cultural relics shall not change due to the termination or change of the collection or preservation unit.
Article 7 State-owned cultural relics are protected by law and are inviolable.
Memorial buildings, ancient buildings, and ancestral heirlooms owned collectively or privately, as well as other cultural relics legally obtained, are protected by law. Owners of cultural relics must abide by the laws and regulations of the state concerning cultural relic protection.
Article 8 All organs, organizations, and individuals have the obligation to protect cultural relics in accordance with the law.
Article 9 The State Council's cultural relics administrative department is in charge of national cultural relics protection work.
Local governments at all levels are responsible for cultural relics protection work within their respective administrative regions. The cultural relics administrative departments of local governments at or above the county level supervise and manage cultural relics protection within their respective administrative regions.
Relevant departments of the people's governments at or above the county level are responsible for relevant cultural relics protection work within their respective duties.
Article 10 The state develops the cultural relics protection cause, implementing the work requirements of giving priority to protection, strengthening management, excavating value, making effective use, and bringing cultural relics to life.
Article 11 Cultural relics are irreplaceable cultural resources. All levels of people's governments should attach importance to cultural relics protection, correctly handling the relationship between economic construction, social development, and cultural relics protection, and ensuring the safety of cultural relics.
Basic construction and tourism development must prioritize cultural relics protection, strictly implementing the regulations on cultural relics protection and safety management, and preventing destructive construction and excessive commercialization.
Article 12 For cultural relics related to major events, important meetings, important figures, and the great spirit of the founding of the Party during various historical periods of the Communist Party of China, governments at all levels should take measures to strengthen protection.
Article 13 People's governments at or above the county level should include cultural relics protection in their national economic and social development plans, and the required funds should be included in their budgets to ensure that the development of cultural relics protection keeps pace with the level of national economic and social development.
The operating income of state-owned museums, memorial halls, and cultural relics protection units is included in budget management and used for cultural relics protection. No unit or individual may encroach upon or misappropriate it.
The state encourages the establishment of social funds for cultural relics protection through donations and other means, specifically for cultural relics protection. No unit or individual may encroach upon or misappropriate it.
Article 14 People's governments at or above the county level and their cultural relics administrative departments should strengthen the general survey and special investigation of cultural relics to fully grasp the resources and protection status of cultural relics.
Cultural relics administrative departments of people's governments at or above the county level strengthen the dynamic management of state-owned cultural relics resources and assets, and submit reports on the management of state-owned cultural relics resources and assets in a timely manner in accordance with relevant state regulations.
Article 15 The state supports and regulates the excavation and interpretation of the value of cultural relics, promotes research on the origins and development of Chinese civilization, inherits and promotes excellent traditional Chinese culture, promotes revolutionary culture, develops advanced socialist culture, strengthens the sense of community among the Chinese nation, and enhances the influence of Chinese culture.
Article 16 The state strengthens the publicity and education of cultural relics protection, innovates communication methods, enhances the public's awareness of cultural relics protection, and creates a social atmosphere of consciously inheriting the excellent historical and cultural heritage of the Chinese nation.
News media should conduct publicity and reporting on laws and regulations on cultural relics protection and knowledge of cultural relics protection, and conduct public opinion supervision on acts that endanger the safety of cultural relics and damage cultural relics in accordance with the law.
Museums, memorial halls, cultural relics storage institutions, archaeological site parks, and other relevant units should conduct targeted publicity and education activities on cultural relics protection in conjunction with the content of visits and tours.
Article 17 The state encourages the conduct of scientific research on cultural relics protection, promotes advanced and applicable cultural relics protection technologies, and improves the scientific and technological level of cultural relics protection.
The state strengthens the informatization construction of cultural relics protection, encourages the development of digital work for cultural relics protection, and promotes the digital collection and display and utilization of cultural relics resources.
The state increases the efforts to cultivate professional personnel in cultural relics protection such as archaeology, repair, and restoration, and improves the mechanism for cultivating, using, evaluating, and motivating personnel.
Article 18 The state encourages the conduct of research on the utilization of cultural relics, and on the premise of ensuring the safety of cultural relics, adheres to the priority of social benefits, effectively utilizes cultural relics resources, and provides diversified and multi-level cultural products and services.
Article 19 The state improves the social participation mechanism, mobilizes the enthusiasm of social forces to participate in cultural heritage protection, and encourages and guides social forces to invest in cultural heritage protection.
Article 20 The state supports the conduct of international exchanges and cooperation on archaeology, repair, restoration, exhibitions, scientific research, law enforcement, and judicial matters related to cultural relics protection, promoting exchanges and mutual learning among human civilizations.
Article 21 Cultural relics administrative departments or relevant departments of people's governments at or above the county level should publicly disclose information such as complaint and reporting methods, and promptly accept and handle complaints and reports involving cultural relics protection.
Article 22 Units or individuals with one of the following deeds shall be commended and rewarded in accordance with relevant state regulations:
(1) Those who diligently implement laws and regulations on cultural relics protection and have achieved remarkable results in protecting cultural relics;
(2) Those who have resolutely fought against illegal and criminal acts to protect cultural relics;
(3) Those who have donated important cultural relics in their collection to the state or donated to the cause of cultural relics protection;
(4) Those who have promptly reported or handed over discovered cultural relics, thus protecting them;
(5) Those who have made significant contributions in archaeological excavation, excavation and interpretation of the value of cultural relics, etc.;
(6) Those who have made important inventions or other important contributions in the field of cultural relics protection science and technology;
(7) Those who have made meritorious service in rescuing cultural relics when they are in danger of being destroyed;
(8) Those who have been engaged in cultural relics work for a long time and have made outstanding achievements;
(9) Those who have organized and participated in cultural relics protection volunteer services and have made outstanding achievements;
(10) Those who have made significant contributions in international exchanges and cooperation on cultural relics protection.
Chapter 2 Immovable Cultural Relics
Article 23 Immovable cultural relics discovered during cultural relic surveys, special investigations, or other related work should be promptly verified and announced as cultural relic protection units or registered and announced as unclassified immovable cultural relics. Citizens and organizations may propose suggestions for verifying and announcing cultural relic protection units or registering and announcing unclassified immovable cultural relics.
The State Council's cultural relics administrative department selects from provincial, prefecture-level, and county-level cultural relic protection units those with significant historical, artistic, or scientific value to be designated as national key cultural relic protection units, or directly designates them as national key cultural relic protection units, and reports them to the State Council for verification and announcement.
Provincial cultural relic protection units are verified and announced by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and are filed with the State Council.
Prefecture-level and county-level cultural relic protection units are respectively verified and announced by the prefecture-level and county-level people's governments, and are filed with the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Unclassified immovable cultural relics are registered by the county-level people's government's cultural relics administrative department, filed with the county-level people's government and the higher-level people's government's cultural relics administrative department, and announced to the public.
Article 24 In the reconstruction of old urban areas and the development of land in plots, people's governments at or above the county level should organize in advance a survey of immovable cultural relics within the relevant areas, promptly conduct verification, registration, and announcement work, and take protective measures in accordance with the law. No unit may commence construction without a survey to prevent destructive construction.
Article 25 Cities that preserve a particularly rich collection of cultural relics and have significant historical value or revolutionary commemorative significance are designated by the State Council as historical and cultural cities.
Towns, streets, and villages that preserve a particularly rich collection of cultural relics and have significant historical value or revolutionary commemorative significance are designated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government as historical and cultural blocks, towns, and villages, and are filed with the State Council.
The people's governments at or above the county level in the locations of historical and cultural cities and historical and cultural blocks, towns, and villages should organize the preparation of special protection plans for historical and cultural cities and historical and cultural blocks, towns, and villages, and incorporate them into relevant plans.
The protection methods for historical and cultural cities and historical and cultural blocks, towns, and villages are formulated by the State Council.
Article 26 The necessary protection ranges for cultural relic protection units at all levels are delimited and announced respectively by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government and the prefecture-level and county-level people's governments, with markers and explanations provided, records and files established, and specialized institutions or individuals assigned to be responsible for management according to the circumstances. The protection ranges and records and files of national key cultural relic protection units are filed with the State Council's cultural relics administrative department by the cultural relics administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
For unclassified immovable cultural relics, markers and explanations are provided, records and files are established, and the person responsible for management is specified by the county-level people's government's cultural relics administrative department.
Cultural relics administrative departments at or above the county level should formulate specific protection measures for cultural relic protection units and unclassified immovable cultural relics according to the protection needs of different cultural relics, report them to the people's government at the same level, and announce their implementation.
Cultural relics administrative departments should guide and encourage grassroots mass autonomous organizations and volunteers to participate in the protection of immovable cultural relics.
Article 27 When formulating relevant plans, people's governments at all levels should, according to the needs of cultural relic protection, have relevant departments coordinate with cultural relics administrative departments in advance to determine the protection measures for immovable cultural relics within their administrative regions, and incorporate them into the plans.
Cultural relics administrative departments at or above the county level organize the preparation of protection plans for immovable cultural relics within their administrative regions according to the needs of cultural relic protection, and after approval by the people's government at the same level, announce their implementation and file them with the higher-level people's government's cultural relics administrative department; protection plans for national key cultural relic protection units are announced and implemented after approval by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and are filed with the State Council's cultural relics administrative department.
Article 28 No construction projects other than cultural relic protection projects or blasting, drilling, or excavation operations may be carried out within the protection range of cultural relic protection units; if necessary due to special circumstances, the safety of the cultural relic protection units must be ensured.
If, due to special circumstances, it is necessary to carry out the construction projects or operations specified in the preceding paragraph within the protection range of provincial, prefecture-level, or county-level cultural relic protection units, approval must be obtained from the people's government that verified and announced the cultural relic protection unit, and the consent of the higher-level people's government's cultural relics administrative department must be obtained before approval; if it is necessary to carry out the construction projects or operations specified in the preceding paragraph within the protection range of national key cultural relic protection units, approval must be obtained from the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and the consent of the State Council's cultural relics administrative department must be obtained before approval.
Article 29 According to the actual needs of cultural relic protection, with the approval of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, a certain construction control zone may be delimited around cultural relic protection units and announced.
Construction projects within the construction control zone of cultural relic protection units must not damage the historical appearance of the cultural relic protection units; the engineering design plan should be approved by the state-specified cultural relics administrative department according to the level of the cultural relic protection unit and the degree to which the construction project affects the historical appearance of the cultural relic protection unit, and construction project planning permits should be obtained in accordance with the law.
Article 30 Within the protection range and construction control zone of cultural relic protection units, no facilities that pollute the cultural relic protection units and their environment may be constructed, and no activities that may affect the safety of the cultural relic protection units and their environment may be carried out. Existing facilities that pollute cultural relic protection units and their environment are handled in accordance with the provisions of relevant laws and regulations on the ecological environment.
Article 31 Construction project site selection should avoid immovable cultural relics as much as possible; if unavoidable due to special circumstances, in-situ protection should be implemented as much as possible.
For in-situ protection, the construction unit should determine the in-situ protection measures in advance and report them to the corresponding cultural relics administrative department for approval according to the level of the cultural relic protection unit; in-situ protection measures for unclassified immovable cultural relics are reported to the county-level people's government's cultural relics administrative department for approval; construction may not commence without approval.
If in-situ protection cannot be implemented, and provincial, prefecture-level, or county-level cultural relic protection units need to be relocated for protection or demolished, approval should be obtained from the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government; before approval for relocation or demolition of provincial cultural relic protection units, the consent of the State Council's cultural relics administrative department must be obtained. National key cultural relic protection units may not be demolished; if relocation is necessary, it must be approved by the State Council by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. If unclassified immovable cultural relics need to be relocated for protection or demolished, approval should be obtained from the cultural relics administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
The demolition of state-owned immovable cultural relics in accordance with the provisions of the preceding paragraph is supervised by the cultural relics administrative department, and murals, sculptures, architectural components, etc., with collection value are collected by cultural relic collection units designated by the cultural relics administrative department.
The costs required for in-situ protection, relocation, and demolition as stipulated in this article are included in the construction budget by the construction unit.
Article 32 State-owned immovable cultural relics shall be repaired and maintained by the user; non-state-owned immovable cultural relics shall be repaired and maintained by the owner or user, and the county-level or above people's government may provide subsidies.
If there is a risk of damage to immovable cultural relics, and the owner or user does not have the ability to repair them, the county-level or above people's government shall provide assistance; if the owner or user has the ability to repair but refuses to perform the repair obligation in accordance with the law, the county-level or above people's government may provide rescue repairs, and the costs shall be borne by the owner or user.
The repair of cultural relic protection units shall be approved by the corresponding cultural relic administrative department according to the level of the cultural relic protection unit; the repair of unclassified immovable cultural relics shall be approved by the cultural relic administrative department of the county-level people's government.
The repair, relocation, and reconstruction of cultural relic protection units shall be undertaken by units with a cultural relic protection engineering qualification certificate.
The repair, maintenance, and relocation of immovable cultural relics must comply with the principles of not changing the original state of the cultural relics and minimum intervention, ensuring the authenticity and integrity of the cultural relics.
The cultural relic administrative departments of the county-level or above people's governments shall strengthen the supervision and inspection of the protection of immovable cultural relics, promptly discover problems and hidden dangers, prevent safety risks, and supervise and guide the owners or users of immovable cultural relics to perform their protection responsibilities.
Article 33 If immovable cultural relics have been completely destroyed, site protection shall be strictly implemented, and reconstruction shall not be carried out on the original site. If reconstruction on the original site is necessary due to special circumstances such as cultural relic protection, it shall be approved by the provincial, autonomous regional, or municipal people's government cultural relic administrative department after being reported to the provincial, autonomous regional, or municipal people's government; for nationally key cultural relic protection units that need to be reconstructed on the original site, the provincial, autonomous regional, or municipal people's government shall obtain the consent of the State Council's cultural relic administrative department before reporting to the State Council for approval.
Article 34 For memorial buildings or ancient buildings in state-owned cultural relic protection units, except for those that can be established as museums, cultural relic storage facilities, or designated as sightseeing venues, if they are to be used for other purposes, the municipal and county-level cultural relic protection units shall obtain the consent of the cultural relic administrative department of the people's government at the next higher level after being approved by the cultural relic administrative department of the people's government that has determined and announced the cultural relic protection unit, and then reported to the people's government that determined and announced the cultural relic protection unit for approval; provincial-level cultural relic protection units shall obtain the approval of the cultural relic administrative department of the provincial, autonomous regional, or municipal people's government that determined and announced the cultural relic protection unit, and then reported to the provincial, autonomous regional, or municipal people's government for approval; nationally key cultural relic protection units shall be approved by the State Council after being reported by the provincial, autonomous regional, or municipal people's government. For state-owned unclassified immovable cultural relics that are to be used for other purposes, a report shall be submitted to the cultural relic administrative department of the county-level people's government.
Article 35 State-owned immovable cultural relics shall not be transferred or mortgaged, unless otherwise provided by the state. State-owned immovable cultural relics that are established as museums, cultural relic storage facilities, or designated as sightseeing venues shall not be converted into enterprise assets for operation; their management institutions shall not be changed to be managed by enterprises.
Tourism and other development and construction activities relying on historical and cultural streets and towns shall strictly implement relevant protection plans and measures, control large-scale relocation, prevent over-development, and strengthen overall protection and living inheritance.
Article 36 Non-state-owned immovable cultural relics shall not be transferred or mortgaged to foreigners, foreign organizations, or international organizations.
The transfer, mortgage, or change of use of non-state-owned immovable cultural relics shall be filed with the corresponding cultural relic administrative department.
Article 37 County-level or above people's governments and their relevant departments shall take measures to promote the effective utilization of immovable cultural relics in a way that suits local conditions, on the premise of ensuring the safety of cultural relics.
Cultural relic protection units should be open to the public as much as possible. When cultural relic protection units are open to the public, they should reasonably determine the opening hours and visitor capacity, and publicize them to the public, actively providing necessary conveniences for visitors.
Museums, memorial halls, cultural relic storage facilities, archaeological site parks, and other units established for the protection of immovable cultural relics should strengthen the excavation and interpretation of the value of immovable cultural relics, and conduct targeted publicity and explanations.
Article 38 The use of immovable cultural relics must comply with the principles of not changing the original state of the cultural relics and minimum intervention, and be responsible for protecting the safety of the cultural relics themselves and their affiliated cultural relics, and shall not damage, alter, add to, or demolish immovable cultural relics.
For buildings and structures that endanger the safety of immovable cultural relics or damage the historical appearance of immovable cultural relics, the local people's government shall conduct timely investigations and processing; if necessary, the buildings and structures shall be demolished or relocated in accordance with the law.
Article 39 The owners or users of immovable cultural relics shall strengthen the fire safety management of the use of fire, electricity, and gas, and take targeted fire safety measures according to the characteristics of the immovable cultural relics, improve fire prevention and emergency response capabilities, and ensure the safety of cultural relics.
Article 40 Provincial, autonomous regional, and municipal people's governments may designate areas where underground buried and underwater relics are relatively concentrated and require overall protection as underground cultural relic burial areas and underwater cultural relic protection areas, formulate specific protection measures, and announce their implementation.
For underground cultural relic burial areas and underwater cultural relic protection areas that involve more than two provinces, autonomous regions, or municipalities, or other sea areas under Chinese jurisdiction outside of Chinese territorial waters, the State Council's cultural relic administrative department shall designate them and formulate specific protection measures, which shall be determined and announced by the State Council.
Chapter 3 Archaeological Excavation
Article 41 All archaeological excavation work must go through the approval procedures; units engaged in archaeological excavation shall obtain an archaeological excavation qualification certificate issued by the State Council's cultural relic administrative department.
No unit or individual shall excavate underground buried and underwater relics without authorization.
Article 42 Units engaged in archaeological excavation shall, for the purpose of scientific research, submit an excavation plan to the State Council's cultural relic administrative department for approval; the archaeological excavation plan for nationally key cultural relic protection units shall be submitted to the State Council for approval after being reviewed by the State Council's cultural relic administrative department. Before approval or review, the State Council's cultural relic administrative department shall solicit opinions from social science research institutions, other research institutions, and relevant experts.
Article 43 Before granting or allocating land in areas where underground cultural relics may exist, the local people's governments at or above the county level shall organize units engaged in archaeological excavation, under the direction of the cultural relics administrative department of the province, autonomous region, or municipality directly under the Central Government, to conduct archaeological surveys and explorations. Areas where underground cultural relics may exist shall be promptly demarcated and dynamically adjusted by the cultural relics administrative department of the province, autonomous region, or municipality directly under the Central Government.
For large-scale basic construction projects, or construction projects within the protection scope or construction control zone of a cultural relics protection unit, if archaeological surveys and explorations have not been conducted in accordance with the provisions of the preceding paragraph, the construction unit shall, in advance, apply to the cultural relics administrative department of the province, autonomous region, or municipality directly under the Central Government to organize units engaged in archaeological excavation to conduct archaeological surveys and explorations in areas within the project where cultural relics may be buried.
If cultural relics are discovered during archaeological surveys and explorations, the cultural relics administrative department of the province, autonomous region, or municipality directly under the Central Government shall, in accordance with the requirements of cultural relics protection, jointly determine protection measures with the construction unit; in case of important discoveries, the cultural relics administrative department of the province, autonomous region, or municipality directly under the Central Government shall promptly report to the State cultural relics administrative department for handling. If this leads to work stoppage or extension of the construction period, causing losses to the construction unit, the cultural relics administrative department of the local people's government at or above the county level shall, after consulting with relevant departments and hearing the opinions of the construction unit, propose a handling opinion and submit it to the people's government at the same level for approval.
Article 44 Where cooperation is needed for archaeological excavation, the cultural relics administrative department of the province, autonomous region, or municipality directly under the Central Government shall, on the basis of exploration work, propose an excavation plan and submit it to the State cultural relics administrative department for approval. Before approval, the State cultural relics administrative department shall solicit opinions from social science research institutions, other research institutions, and relevant experts.
If, due to urgent construction deadlines or the risk of natural damage, emergency rescue excavation is urgently needed for ancient cultural sites or ancient tombs, the cultural relics administrative department of the province, autonomous region, or municipality directly under the Central Government shall organize the excavation and simultaneously complete the approval procedures.
Article 45 All costs for archaeological surveys, explorations, and excavations required for basic construction and production construction shall be included in the construction project budget by the construction unit.
People's governments at or above the county level may provide support for archaeological surveys, explorations, and excavations through appropriate means.
Article 46 In the course of construction projects, agricultural production, or other activities, any unit or individual who discovers cultural relics or suspected cultural relics shall protect the site and immediately report to the local cultural relics administrative department; the cultural relics administrative department shall arrive at the site within 24 hours of receiving the report and shall propose a handling opinion within seven days. The cultural relics administrative department shall take measures to protect the site and, if necessary, may notify the public security organs or maritime law enforcement agencies for assistance; if important cultural relics are discovered, they shall be immediately reported to the State cultural relics administrative department, which shall propose a handling opinion within 15 days of receiving the report.
Cultural relics discovered in accordance with the provisions of the preceding paragraph belong to the state, and no unit or individual may loot, privately divide, or conceal them.
Article 47 Without special permission from the State Council's cultural relics administrative department reported to the State Council, no foreigner, foreign organization, or international organization may conduct archaeological surveys, explorations, or excavations within the territory of China.
Article 48 The results of archaeological surveys, explorations, and excavations shall be truthfully reported to the State cultural relics administrative department and the cultural relics administrative department of the province, autonomous region, or municipality directly under the Central Government.
Archaeological excavation relics shall be registered and properly preserved, and shall be transferred in a timely manner to state-owned museums, libraries, or other state-owned units that collect cultural relics designated by the cultural relics administrative department of the province, autonomous region, or municipality directly under the Central Government or the State cultural relics administrative department, in accordance with relevant national regulations. With the approval of the cultural relics administrative department of the province, autonomous region, or municipality directly under the Central Government, units engaged in archaeological excavation may retain a small number of unearthed or underwater cultural relics as research specimens.
No unit or individual may encroach upon archaeological excavation relics or archaeological excavation materials.
Article 49 In accordance with the needs of ensuring the safety of cultural relics, conducting scientific research, and giving full play to the role of cultural relics, the cultural relics administrative department of the province, autonomous region, or municipality directly under the Central Government may, with the approval of the people's government at the same level, deploy unearthed or underwater cultural relics within its administrative region; the State cultural relics administrative department may, with the approval of the State Council, deploy important unearthed or underwater cultural relics nationwide.
Chapter 4 Museum Collections
Article 50 The state encourages and supports cultural relics collection units in collecting and protecting movable cultural relics, and in carrying out activities such as cultural relics exhibitions, publicity and education, and scientific research.
Relevant departments shall treat state-owned cultural relics collection units and non-state-owned cultural relics collection units fairly in terms of establishment conditions, social service requirements, and financial and tax support policies.
Article 51 Museums, libraries, and other cultural relics collection units must classify the cultural relics they collect (hereinafter referred to as "museum collections") according to national standards for cultural relics classification, establish archives, establish strict management systems, and file them with the competent cultural relics administrative department.
The cultural relics administrative departments of local people's governments at or above the county level shall establish archives of museum collections within their administrative regions; the State cultural relics administrative department shall establish national archives of first-class museum collections and archives of museum collections of state-owned cultural relics collection units under its jurisdiction.
Article 52 Cultural relics collection units may obtain cultural relics through the following methods:
(1) Purchase;
(2) Acceptance of donations;
(3) Legal exchange;
(4) Other methods prescribed by laws and administrative regulations.
State-owned cultural relics collection units may also obtain cultural relics through the method of designated collection or allocation by the cultural relics administrative department.
Cultural relics collection units shall, in accordance with the law, fulfill their duty of reasonable care and understand and identify the legality of the source of cultural relics they intend to collect or purchase.
Article 53 Cultural relics collection units shall, in accordance with national regulations, establish and improve management systems based on the protection needs of their museum collections, and file them with the competent cultural relics administrative department. No unit or individual may remove museum collections without approval.
The legal representative or principal person in charge of a cultural relics collection unit is responsible for the safety of the museum collections. When the legal representative or principal person in charge of a cultural relics collection unit leaves office, they shall handle the transfer of museum collections in accordance with the museum collection archives.
Article 54 The State Council's cultural relics administrative department may allocate national-owned museum collections nationwide. The provincial, autonomous regional, and municipal people's governments' cultural relics administrative departments may allocate the museum collections of state-owned cultural relics collection units under their jurisdiction within their administrative regions; the allocation of state-owned Class I cultural relics should be filed with the State Council's cultural relics administrative department.
State-owned cultural relics collection units may apply for the allocation of state-owned museum collections.
Article 55 Cultural relics collection units should improve service conditions and service levels, give full play to the role of museum collections, and strengthen the publicity and education of the excellent historical culture and revolutionary traditions of the Chinese nation through exhibitions, scientific research, cultural creativity, and other activities; improve the utilization efficiency of museum collections through borrowing, exchange, online exhibitions, and other methods.
Cultural relics collection units should provide support and assistance to schools and research institutions in carrying out education, teaching, and scientific research activities.
Museums should be open to the public in accordance with relevant national regulations, reasonably determine opening hours and the number of visitors, and make them public, providing scientific, accurate, and vivid textual descriptions and explanation services in various forms.
Article 56 Between state-owned cultural relics collection units, if museum collections need to be borrowed for exhibitions, scientific research, etc., they should be filed with the competent cultural relics administrative department; if Class I museum collections are borrowed, they should also be filed with the State Council's cultural relics administrative department.
Non-state-owned cultural relics collection units and other units that need to borrow state-owned museum collections for exhibitions should obtain approval from the competent cultural relics administrative department; borrowing state-owned Class I museum collections requires approval from the State Council's cultural relics administrative department.
When cultural relics collection units borrow cultural relics from each other, a borrowing agreement should be signed, and the term agreed upon in the agreement shall not exceed three years.
Article 57 State-owned cultural relics collection units that have established museum collection archives and management systems in accordance with this Law may exchange museum collections; the exchange of museum collections should be approved by the provincial, autonomous regional, and municipal people's governments' cultural relics administrative departments and filed with the State Council's cultural relics administrative department.
Article 58 State-owned cultural relics collection units that have not established museum collection archives and management systems in accordance with this Law may not borrow or exchange their museum collections in accordance with Articles 55 to 57 of this Law.
Article 59 Cultural relics collection units that obtain cultural relics through legally allocated, exchanged, or borrowed museum collections may provide reasonable compensation to the cultural relics collection units that provided the cultural relics.
Compensation fees obtained by cultural relics collection units from the allocation, exchange, or lending of cultural relics must be used to improve the collection conditions of cultural relics and collect new cultural relics, and may not be used for other purposes; no unit or individual may encroach upon them.
Allocated, exchanged, or borrowed cultural relics must be strictly protected and must not be lost or damaged.
Article 60 State-owned cultural relics collection units are prohibited from donating, renting, selling, mortgaging, or pledging museum collections to other units or individuals.
Article 61 The methods for removing cultural relics that are no longer collected by state-owned cultural relics collection units from the collection shall be formulated and promulgated by the State Council's cultural relics administrative department.
Article 62 The restoration of museum collections must not alter the original state of the museum collections; the copying, photographing, and rubbing of museum collections must not cause damage to the museum collections. The restoration, copying, and rubbing of Class II and Class III museum collections should be approved by the provincial, autonomous regional, and municipal people's governments' cultural relics administrative departments; the restoration, copying, and rubbing of Class I museum collections should be approved by the State Council's cultural relics administrative department.
The restoration, copying, photographing, and rubbing of individual immovable cultural relics apply to the provisions of the preceding paragraph.
Article 63 Museums, libraries, and other units that collect cultural relics should be equipped with fire prevention, theft prevention, and natural damage prevention facilities in accordance with relevant national regulations, and take corresponding measures to ensure the safety of the collected cultural relics.
Article 64 If Class I museum collections are damaged, they should be investigated and handled by the State Council's cultural relics administrative department. If other museum collections are damaged, they should be investigated and handled by the provincial, autonomous regional, and municipal people's governments' cultural relics administrative departments; the provincial, autonomous regional, and municipal people's governments' cultural relics administrative departments should file the investigation and handling results with the State Council's cultural relics administrative department.
If museum collections are stolen, robbed, or lost, the cultural relics collection unit should immediately report to the public security organs and report to the competent cultural relics administrative department at the same time.
Article 65 Staff members of cultural relics administrative departments and state-owned cultural relics collection units may not borrow state-owned cultural relics, and may not illegally encroach upon state-owned cultural relics.
Chapter 5 Privately Collected Cultural Relics
Article 66 The state encourages citizens and organizations to legally collect, and strengthens the guidance, management, and service of private collection activities.
Article 67 Citizens and organizations other than cultural relics collection units may collect cultural relics obtained through the following methods:
(1) Legal inheritance or acceptance of gifts;
(2) Purchase from cultural relics sales units;
(3) Purchase through auction enterprises that operate cultural relics auctions (hereinafter referred to as cultural relics auction enterprises);
(4) Mutual exchange or legal transfer of cultural relics legally owned by individual citizens;
(5) Other legal methods stipulated by the state.
Citizens and organizations other than cultural relics collection units may legally circulate the cultural relics mentioned in the preceding paragraph.
Article 68 The following cultural relics are prohibited from being bought and sold:
(1) State-owned cultural relics, except those permitted by the state;
(2) Murals, sculptures, and architectural components among state-owned immovable cultural relics, except for murals, sculptures, and architectural components among legally demolished state-owned immovable cultural relics that do not belong to those that should be collected by cultural relics collection units as stipulated in Article 31, paragraph 4 of this Law;
(3) Precious non-state-owned museum collections;
(4) Stolen cultural relics and other cultural relics whose sources do not comply with Article 67 of this Law, as reported or announced by relevant departments of the State Council;
(5) Cultural relics reported or announced by foreign governments and relevant international organizations in accordance with relevant international conventions.
Article 69 The state encourages citizens and organizations other than cultural relic collection units to donate or lend their collected cultural relics to cultural relic collection units for exhibition and research.
Cultural relic collection units should respect and, in accordance with the wishes of the donors, properly collect, preserve, and display the donated cultural relics.
Cultural relics prohibited from leaving the country may not be transferred, leased, mortgaged, or pledged to foreign organizations or individuals.
Article 70 Cultural relic sales units shall obtain a cultural relic sales license issued by the cultural relic administrative department of the provincial, autonomous region, or municipality directly under the Central Government.
Cultural relic sales units shall not engage in cultural relic auction operations or establish cultural relic auction enterprises.
Article 71 Auction enterprises legally established to operate cultural relic auctions shall obtain a cultural relic auction license issued by the cultural relic administrative department of the provincial, autonomous region, or municipality directly under the Central Government.
Cultural relic auction enterprises shall not engage in cultural relic sales operations or establish cultural relic sales units.
Article 72 Staff members of cultural relic administrative departments shall not organize or participate in the organization of cultural relic sales units or cultural relic auction enterprises.
Cultural relic collection units and their staff shall not organize or participate in the organization of cultural relic sales units or cultural relic auction enterprises.
The establishment of foreign-invested cultural relic sales units or cultural relic auction enterprises is prohibited.
Except for cultural relic sales units and cultural relic auction enterprises, no other units or individuals may engage in commercial operations of cultural relics.
Article 73 Cultural relic sales units shall not sell, and cultural relic auction enterprises shall not auction, the cultural relics stipulated in Article 68 of this Law.
Cultural relics auctioned by cultural relic auction enterprises shall be reviewed by the cultural relic administrative department of the provincial, autonomous region, or municipality directly under the Central Government in accordance with the provisions of the preceding paragraph before the auction, and shall be filed with the cultural relic administrative department of the State Council.
Cultural relic sales units selling cultural relics and cultural relic auction enterprises auctioning cultural relics shall truthfully describe the relevant information of the cultural relics and shall not engage in false advertising.
Article 74 The cultural relic administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government shall establish a cultural relic purchase, sales, and auction information and credit management system to promote the construction of integrity in the field of cultural relic circulation. Cultural relic sales units purchasing and selling cultural relics and cultural relic auction enterprises auctioning cultural relics shall make records in accordance with relevant national regulations and shall file them with the cultural relic administrative department of the provincial, autonomous region, or municipality directly under the Central Government within 30 days after the sale or auction of the cultural relics.
When auctioning cultural relics, if the consignor or purchaser requests confidentiality of their identity, the cultural relic administrative department shall keep it confidential; except as otherwise provided by laws and administrative regulations.
Article 75 When reviewing cultural relics to be auctioned, the cultural relic administrative department may designate state-owned cultural relic collection units to purchase precious cultural relics among them preferentially. The purchase price shall be determined through consultation between the representative of the state-owned cultural relic collection unit and the consignor of the cultural relics.
Article 76 Banks, smelters, paper mills, and waste and scrap recycling units shall be jointly responsible with the local cultural relic administrative departments for selecting cultural relics mixed in silverware and waste and scrap materials. Except for historical currency necessary for the research of banks, which may be retained by the People's Bank of China, the selected cultural relics shall be handed over to the local cultural relic administrative departments. Reasonable compensation shall be given for the handover of selected cultural relics.
Chapter 6 Import and Export of Cultural Relics
Article 77 State-owned cultural relics and precious cultural relics among non-state-owned cultural relics and other cultural relics prohibited from leaving the country shall not leave the country; except for those exhibited abroad in accordance with this Law, or those leaving the country due to special needs with the approval of the State Council.
The specific scope of cultural relics prohibited from leaving the country shall be stipulated and announced by the cultural relic administrative department of the State Council.
Article 78 Cultural relics leaving the country shall be reviewed by the cultural relics import and export review institution designated by the cultural relic administrative department of the State Council. Cultural relics approved for leaving the country after review shall be issued a cultural relic exit permit by the cultural relic administrative department of the State Council and shall leave the country from the port designated by the cultural relic administrative department of the State Council.
Any unit or individual transporting, mailing, or carrying cultural relics out of the country shall declare to the customs; the customs shall release the cultural relics based on the cultural relic exit permit.
Article 79 Cultural relics exhibitions abroad shall be approved by the cultural relic administrative department of the State Council; those with the number of Level 1 cultural relics exceeding the number stipulated by the State Council shall be approved by the State Council.
Unique and easily damaged Level 1 cultural relics are prohibited from being exhibited abroad.
Cultural relics leaving the country for exhibitions abroad shall be reviewed and registered by the cultural relics import and export review institution. The customs shall release them based on the approval document of the cultural relic administrative department of the State Council or the State Council. The return of cultural relics exhibited abroad shall be reviewed and inspected by the original cultural relics import and export review institution that conducted the review and registration.
Article 80 Cultural relics temporarily entering the country shall be declared to the customs and shall be reviewed and registered by the cultural relics import and export review institution. If the cultural relics import and export review institution finds that the temporarily imported cultural relics belong to the cultural relics stipulated in Article 68 of this Law, it shall report to the cultural relic administrative department of the State Council and inform the customs.
The re-export of temporarily imported cultural relics must be reviewed and inspected by the original cultural relics import and export review institution that conducted the review and registration; after the review and inspection are confirmed to be correct, a cultural relic exit permit shall be issued by the cultural relic administrative department of the State Council, and the customs shall release the cultural relics based on the cultural relic exit permit.
Article 81 The state strengthens international cooperation in the field of tracing and returning cultural relics. The cultural relic administrative department of the State Council, in accordance with the law and in conjunction with relevant departments, shall trace cultural relics lost abroad due to theft, illegal exit, etc.; for foreign cultural relics illegally flowing into China, it shall conduct return cooperation with relevant countries based on relevant treaties, agreements, or the principle of reciprocity.
The state reserves the right to recover cultural relics lost abroad due to theft, illegal exit, etc., and this right is not subject to any statute of limitations.
Chapter 7 Legal Liabilities
Article 82 In violation of this law, local people's governments at all levels and relevant departments of people's governments at or above the county level and their staff, as well as other personnel performing public duties in accordance with the law, who abuse their power, neglect their duties, or engage in malfeasance, shall be given disciplinary actions in accordance with the law against leading personnel and directly responsible personnel who bear responsibility.
Article 83 For any of the following acts, the cultural relics administrative department of the people's government at or above the county level shall order correction and give a warning; if damage to cultural relics or other serious consequences are caused, a fine of RMB 500,000 to RMB 5,000,000 shall be imposed on the unit, and a fine of RMB 50,000 to RMB 500,000 shall be imposed on the individual, and the unit shall be ordered to bear the relevant costs of repairing and restoring the cultural relics, and the original issuing authority shall lower the qualification level; in serious cases, a fine of RMB 5,000,000 to RMB 10,000,000 may be imposed on the unit, and the original issuing authority shall revoke the qualification certificate:
(1) Carrying out construction projects other than cultural relics protection projects or blasting, drilling, excavation, etc., within the protection scope of a cultural relics protection unit without authorization;
(2) Carrying out construction projects within the construction control zone of a cultural relics protection unit without authorization, without the consent of the cultural relics administrative department;
(3) Failing to formulate protection measures for immovable cultural relics in situ, or starting construction without authorization without the approval of the cultural relics administrative department for the protection measures for immovable cultural relics in situ;
(4) Moving or demolishing immovable cultural relics without authorization;
(5) Repairing immovable cultural relics without authorization, significantly altering the original state of the cultural relics;
(6) Reconstructing immovable cultural relics that have been completely destroyed in situ without authorization;
(7) Engaging in the repair, relocation, or reconstruction of cultural relics without authorization without obtaining a qualification certificate for cultural relics protection projects;
(8) Carrying out large-scale basic construction projects, or carrying out construction projects within the protection scope or construction control zone of a cultural relics protection unit without conducting archaeological investigation and exploration in accordance with the law.
Damaging the protection signs for immovable cultural relics established in accordance with this law shall be subject to a warning from the cultural relics administrative department of the people's government at or above the county level, and a fine of less than RMB 500 may also be imposed.
Article 84 Construction of facilities that pollute cultural relics protection units and their environment within the protection scope or construction control zone of cultural relics protection units shall be subject to penalties by the ecological environment authorities in accordance with the law.
Article 85 In violation of this law, for any of the following acts, the cultural relics administrative department of the people's government at or above the county level shall order correction, give a warning or issue a public criticism, and confiscate illegal gains; if the illegal gains exceed RMB 5,000, a fine of two to ten times the illegal gains shall also be imposed; if there are no illegal gains or the illegal gains are less than RMB 5,000, a fine of RMB 10,000 to RMB 50,000 shall also be imposed:
(1) Transferring or mortgaging state-owned immovable cultural relics;
(2) Changing state-owned immovable cultural relics that have been established as museums, cultural relics storage facilities, or places for visits and tours into assets for enterprise operations, or changing their management institutions to be managed by enterprises;
(3) Transferring or mortgaging non-state-owned immovable cultural relics to foreigners, foreign organizations, or international organizations;
(4) Changing the use of memorial buildings or ancient buildings in state-owned cultural relics protection units without authorization.
Article 86 If the layout, environment, and historical features of a historically and culturally renowned city are seriously damaged, the State Council shall revoke its title as a historically and culturally renowned city; if the layout, environment, and historical features of a historically and culturally renowned street or village are seriously damaged, the people's government of the province, autonomous region, or municipality directly under the Central Government shall revoke its title as a historically and culturally renowned street or village; and leading personnel and directly responsible personnel who bear responsibility shall be given disciplinary actions in accordance with the law.
Article 87 For any of the following acts, the cultural relics administrative department of the people's government at or above the county level shall order correction, give a warning or issue a public criticism, and confiscate illegal gains; if the illegal gains exceed RMB 5,000, a fine of two to ten times the illegal gains shall also be imposed; if there are no illegal gains or the illegal gains are less than RMB 5,000, a fine of less than RMB 50,000 may also be imposed:
(1) Cultural relics collection units failing to equip fire prevention, theft prevention, and natural damage prevention facilities in accordance with relevant national regulations;
(2) The legal representative or main person in charge of a cultural relics collection unit failing to transfer the collection of cultural relics according to the archives of the collection of cultural relics when leaving office, or the transferred collection of cultural relics not matching the archives of the collection of cultural relics;
(3) State-owned cultural relics collection units donating, renting, selling, mortgaging, or pledging their collection of cultural relics to other units or individuals;
(4) Borrowing or exchanging collection of cultural relics in violation of this law;
(5) Misappropriating or embezzling compensation fees obtained from the legally allocated, exchanged, or lent cultural relics.
Article 88 Selling cultural relics that are prohibited from being sold by the state, or transferring, renting, mortgaging, or pledging cultural relics that are prohibited from being exported by the state to foreign organizations or individuals, shall be subject to an order for correction from the cultural relics administrative department of the people's government at or above the county level, and the illegal gains and illegally operated cultural relics shall be confiscated; if the amount of illegal operation exceeds RMB 5,000, a fine of two to ten times the amount of illegal operation shall also be imposed; if there is no amount of illegal operation or the amount of illegal operation is less than RMB 5,000, a fine of RMB 10,000 to RMB 50,000 shall also be imposed.
If cultural relics sales units or cultural relics auction enterprises have the illegal acts stipulated in the preceding paragraph, the cultural relics administrative department of the people's government at or above the county level shall confiscate the illegal gains and illegally operated cultural relics; if the amount of illegal operation exceeds RMB 30,000, a fine of two to ten times the amount of illegal operation shall also be imposed; if there is no amount of illegal operation or the amount of illegal operation is less than RMB 30,000, a fine of RMB 50,000 to RMB 250,000 shall also be imposed; in serious cases, the original issuing authority shall revoke the license.
Article 89 Engaging in cultural relics commercial operations without authorization shall be subject to an order for correction from the cultural relics administrative department of the people's government at or above the county level, and a warning or public criticism shall be given, and the illegal gains and illegally operated cultural relics shall be confiscated; if the amount of illegal operation exceeds RMB 30,000, a fine of two to ten times the amount of illegal operation shall also be imposed; if there is no amount of illegal operation or the amount of illegal operation is less than RMB 30,000, a fine of RMB 50,000 to RMB 250,000 shall also be imposed.
Article 90 In any of the following circumstances, the cultural relics administrative department of the people's government at or above the county level shall order correction, give a warning or issue a public criticism, and confiscate illegal gains and illegally operated cultural relics; if the amount of illegal operation exceeds RMB 30,000, a fine of two to ten times the amount of illegal operation shall also be imposed; if there is no amount of illegal operation or the amount of illegal operation is less than RMB 30,000, a fine of RMB 50,000 to RMB 250,000 shall also be imposed; in serious cases, the original issuing authority shall revoke the license:
(1) Cultural relic sales units engaging in cultural relic auction operations;
(2) Cultural relic auction enterprises engaging in cultural relic sales operations;
(3) Cultural relics auctioned by cultural relic auction enterprises without review;
(4) Cultural relic collection units engaging in commercial operations of cultural relics;
(5) Cultural relic sales units and cultural relic auction enterprises knowingly selling or auctioning fakes, or engaging in false advertising.
Article Ninety-one For any of the following acts, the cultural relic administrative department of the people's government at or above the county level, together with the public security organs and maritime law enforcement agencies, shall confiscate the cultural relics and give a warning; for serious cases, a fine of more than 100,000 yuan but not more than 3 million yuan shall be imposed on the unit, and a fine of more than 5,000 yuan but not more than 50,000 yuan shall be imposed on the individual:
(1) Discovering hidden cultural relics without reporting or refusing to hand them over;
(2) Failing to transfer selected cultural relics as prescribed.
Article Ninety-two For cultural relics entering or leaving the country without declaration as prescribed in this Law, the customs or maritime law enforcement agencies shall impose penalties according to law.
Article Ninety-three For any of the following acts, the cultural relic administrative department of the people's government at or above the county level shall order correction; for serious cases, a fine of more than 100,000 yuan but not more than 3 million yuan shall be imposed on the unit, business activities shall be restricted, or the license shall be revoked by the original issuing authority, and a fine of more than 5,000 yuan but not more than 50,000 yuan shall be imposed on the individual:
(1) Changing the use of state-owned immovable cultural relics that have not been graded without reporting as prescribed in this Law;
(2) Transferring or mortgaging non-state-owned immovable cultural relics or changing their use without filing as prescribed in this Law;
(3) The user of state-owned immovable cultural relics has the ability to repair but refuses to perform the repair obligation according to law;
(4) Units engaged in archaeological excavation conduct unauthorized archaeological excavation without approval, or fail to truthfully report the results of archaeological investigation, exploration, and excavation, or fail to transfer archaeological excavation cultural relics as prescribed;
(5) Cultural relic collection units fail to establish museum collection archives and management systems in accordance with relevant national regulations, or fail to file the museum collection archives and management systems;
(6) Unauthorized removal of museum collections without approval;
(7) Unauthorized repair, reproduction, or rubbing of cultural relics without approval;
(8) Damage to museum collections without reporting to the cultural relic administrative department for investigation and handling, or theft, robbery, or loss of museum collections, and the cultural relic collection unit fails to report to the public security organs or cultural relic administrative department in a timely manner;
(9) Cultural relic sales units selling cultural relics or cultural relic auction enterprises auctioning cultural relics without making records as prescribed by the state or without filing the records with the cultural relic administrative department.
Article Ninety-four Staff members of cultural relic administrative departments, cultural relic collection units, cultural relic sales units, and cultural relic auction enterprises who commit any of the following acts shall be given disciplinary sanctions according to law; for serious cases, they shall be dismissed from public office or their professional qualification certificates shall be revoked according to law:
(1) Staff members of cultural relic administrative departments and state-owned cultural relic collection units borrowing or illegally occupying state-owned cultural relics;
(2) Staff members of cultural relic administrative departments and cultural relic collection units organizing or participating in the organization of cultural relic sales units or cultural relic auction enterprises;
(3) Causing damage or loss of cultural relic protection units or precious cultural relics due to negligence;
(4) Embezzlement or misappropriation of cultural relic protection funds.
Personnel dismissed from public office or whose professional qualification certificates have been revoked in the preceding paragraph shall not serve as cultural relic management personnel or engage in cultural relic business activities within ten years from the date of dismissal from public office or revocation of professional qualification certificates.
Article Ninety-five If a unit is subject to administrative penalties for violating the provisions of this Law, and the circumstances are serious, a fine of more than 5,000 yuan but not more than 50,000 yuan shall be imposed on the person directly in charge of the unit and other persons directly responsible.
Article Ninety-six Those who violate the provisions of this Law and infringe upon the civil rights and interests of others shall bear civil liability according to law; those who constitute acts that violate public security management shall be given public security management penalties according to law by the public security organs; those who constitute crimes shall be investigated for criminal responsibility according to law.
Article Ninety-seven The cultural relic administrative departments of the people's governments at or above the county level shall implement supervision and inspection according to law and may take the following measures:
(1) Enter the site for inspection;
(2) Examine and copy relevant documents and materials, question relevant personnel, and seal up documents and materials that may be transferred, destroyed, or altered;
(3) Seal up and seize venues, facilities, or property suspected of illegal activities;
(4) Order the actor to stop infringing on cultural relics.
Article Ninety-eight Cultural relics confiscated by the supervisory committee, people's courts, people's procuratorates, public security organs, customs, market supervision and administration departments, and maritime law enforcement agencies shall be registered and properly kept, and shall be transferred free of charge to the cultural relic administrative department after the case is closed, and shall be collected by the state-owned cultural relic collection unit designated by the cultural relic administrative department.
Article Ninety-nine If serious damage to cultural relics or a serious risk of damage is caused due to violation of the provisions of this Law, resulting in infringement of social public interests, the people's procuratorate may initiate a public interest litigation in accordance with the relevant provisions of the litigation law.
Chapter 8 Supplementary Provisions
Article One Hundred For the conditions, time limits, etc., of administrative licenses related to cultural relic protection that are not stipulated in this Law, the provisions of the "Administrative License Law of the People's Republic of China" and other relevant laws and administrative regulations shall apply.
Article One Hundred and One This Law shall come into force on March 1, 2025.