Henan Art and culture art Development Group Co., LTD

Chapter I General rules

Article 1 This Law is enacted in accordance with the Constitution with a view to strengthening the protection of cultural relics, inheriting the excellent historical and cultural heritage of the Chinese nation, promoting scientific research, conducting education in patriotism and revolutionary tradition, and building socialist spiritual and material progress。

Article 2 Within the territory of the People's Republic of China, the following cultural relics shall be under state protection:
(1) Sites of ancient culture, ancient tombs, ancient buildings, cave temples, stone carvings and murals of historical, artistic and scientific value;
(2) Important historical sites, objects and representative buildings of modern and modern times that are related to major historical events, revolutionary movements or famous figures and have important commemorative significance, educational significance or historical data value;
(3) precious works of art and crafts of various eras in history;
(4) important documents and materials of various eras in history, manuscripts and book materials of historical, artistic and scientific value;
(5) representative objects that reflect the social systems, social production, and social life of various eras and ethnic groups in history。
The standards and measures for the identification of cultural relics shall be formulated by the administrative department of cultural relics under The State Council and submitted to The State Council for approval。 Ancient vertebrate fossils and ancient human fossils of scientific value are protected by the state like cultural relics。

Article 3 Immovable cultural relics such as sites of ancient culture, ancient tombs, ancient buildings, grotto temples, stone carvings, murals, important historical sites in modern times and representative buildings，According to their historical, artistic and scientific value，Can be identified as the national key cultural relics protection units，Provincial cultural relics protection units，Cultural relics protection units at the city and county levels。 Movable cultural relics, such as important objects, works of art, documents, manuscripts, books and materials, representative objects, etc. in various periods of history, are divided into precious cultural relics and general cultural relics;Precious cultural relics are divided into first-class cultural relics, second-class cultural relics and third-class cultural relics。

Article 4 The principle of giving priority to protection, first to rescue, rational utilization and strengthening management shall be carried out in the work of cultural relics。

Article 5 All cultural relics left underground, in the internal waters and in the territorial sea of the People's Republic of China shall be owned by the State。 Sites of ancient culture, ancient tombs and grotto temples are owned by the state。Immovable cultural relics designated for protection by the State, such as memorial buildings, ancient buildings, stone carvings, murals, modern and modern representative buildings, shall be owned by the State, unless otherwise stipulated by the State。 The ownership of state-owned immovable cultural relics shall not be changed by the change of the ownership or use right of the land to which they are attached。
The following movable cultural relics belong to the State:
(1) Cultural relics unearthed in China, except as otherwise stipulated by the State;
(2) cultural relics collected and kept by state-owned cultural relics collection units, other state organs, armed forces, state-owned enterprises and institutions;
(3) cultural relics collected or purchased by the State;
(4) cultural relics donated to the State by citizens, legal persons or other organizations;
(5) Other cultural relics that are owned by the State as stipulated by law。
The ownership of movable cultural relics owned by the State shall not be changed by the termination or change of the unit in which they are kept or collected。 The ownership of state-owned cultural relics shall be protected by law and shall not be infringed。

Article 6 The ownership of commemorative buildings, ancient buildings and ancestral cultural relics owned by collectives and private individuals, as well as other cultural relics acquired according to law, shall be protected by law。Owners of cultural relics must abide by the provisions of state laws and regulations on the protection of cultural relics。

Article 7 All state organs, organizations and individuals shall have the obligation to protect cultural relics according to law。

Article 8 The administrative department for cultural relics under The State Council shall be in charge of the protection of cultural relics throughout the country。

Local people's governments at various levels shall be responsible for the protection of cultural relics within their respective administrative areas。The departments responsible for the protection of cultural relics under the local people's governments at or above the county level shall exercise supervision and administration over the protection of cultural relics within their respective administrative areas。 The relevant administrative departments of the people's governments at or above the county level shall be responsible for the protection of cultural relics within the scope of their respective functions and duties。

Article 9 People's governments at all levels shall attach importance to the protection of cultural relics, correctly handle the relationship between economic construction, social development and the protection of cultural relics, and ensure the safety of cultural relics。 Capital construction and tourism development must abide by the guidelines for the protection of cultural relics, and their activities must not cause damage to cultural relics。 Public security organs, administrative departments for industry and commerce, customs, urban and rural development planning departments and other relevant state organs shall conscientiously perform their duties for the protection of cultural relics according to law and maintain the order of cultural relics administration。

Article 10 The State shall develop the protection of cultural relics。The people's governments at or above the county level shall incorporate the protection of cultural relics into their plans for national economic and social development at the corresponding level, and the necessary funds shall be included in the financial budgets at the corresponding level。 The state financial appropriation for the protection of cultural relics increases with the growth of fiscal revenue。 The institutional income of state-owned museums, memorial halls, cultural relics protection units, etc. shall be used exclusively for the protection of cultural relics, and no unit or individual may misappropriate or misappropriate it。 The State encourages the establishment of social funds for the protection of cultural relics through donation or other means, which are exclusively used for the protection of cultural relics. No unit or individual may seize or misappropriate such funds。

Article 11 Cultural relics are non-renewable cultural resources。The State shall strengthen publicity and education on the protection of cultural relics, raise the awareness of the whole people on the protection of cultural relics, encourage scientific research on the protection of cultural relics, and raise the level of science and technology in the protection of cultural relics。

Article 12 The State shall give moral encouragement or material rewards to units or individuals who have performed the following deeds:
(1) Conscientiously implementing laws and regulations on the protection of cultural relics and achieving remarkable achievements in the protection of cultural relics;
(2) resolutely fighting against illegal and criminal acts for the protection of cultural relics;
(3) donating important cultural relics collected by individuals to the state or making donations for the cause of cultural relics protection;
(4) Promptly reporting or handing over discovered cultural relics so that they can be protected;
(5) having made significant contributions in archaeological excavations;
(6) having made an important invention or creation or other important contribution to the science and technology of cultural relics protection;
(7) 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 remarkable achievements。

Chapter II Immovable Cultural Relics

Article 13 The administrative department for cultural relics under The State Council shall, from the cultural relics protection units at the provincial, city or county levels, select them of great historical, artistic or scientific value as key cultural relics protection units of the State, or directly designate them as key cultural relics protection units of The State Council for approval and announcement。 Cultural relics under protection at the provincial level shall be approved and announced by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and submitted to The State Council for the record。 Cultural relics under protection at the city level and at the county level shall be approved and announced by the people's government of the city divided into districts, autonomous prefecture and county level respectively, and submitted to the people's government of the province, autonomous region and municipality directly under the Central Government for the record。 The immovable cultural relics that have not been approved and announced as cultural relics protection units shall be registered and announced by the administrative departments of cultural relics of the people's governments at the county level。

Article 14 Cities with exceptionally rich preserved cultural relics and of great historical value or revolutionary commemorative significance shall be approved and declared as famous historical and cultural cities by The State Council。 Towns, streets and villages with particularly rich cultural relics and of great historical value or revolutionary commemorative significance shall be approved and declared as historical and cultural blocks, towns and villages by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported to The State Council for the record。 The local people's governments at or above the county level where the famous historical and cultural cities, historical and cultural blocks, villages and towns are located shall organize the compilation of special protection plans for the famous historical and cultural cities, historical and cultural blocks, villages and towns, and incorporate them into the overall urban planning。 Measures for the protection of famous historical and cultural cities, historical and cultural blocks, villages and towns shall be formulated by The State Council。

Article 15 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the people's governments of cities and counties shall delimit the necessary scope of protection for cultural relics protection units at various levels, make signs and descriptions, set up records and archives, and, depending on the circumstances, set up special agencies or specially-assigned persons to be responsible for their management。The scope of protection and the records and archives of key national cultural relics under protection shall be reported to the cultural relics administration department under The State Council for the record by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government。The administrative departments for cultural relics of the local people's governments at or above the county level shall, in the light of the protection needs of different cultural relics, formulate specific measures for the protection of cultural relics under protection and immovable cultural relics that have not been approved as such, and announce them for implementation。

Article 16 In formulating plans for urban and rural construction, the people's governments at various levels shall, in accordance with the needs of cultural relics protection, in advance, the planning departments for urban and rural construction and the administrative departments for cultural relics shall agree on the protection measures for cultural relics protection units at various levels within their respective administrative areas, and incorporate them into the plans。

Article 17 Units under cultural relics protection may not carry out other construction projects, blasting, drilling, excavation and other operations within the scope of protection。但是，Due to special circumstances, it is necessary to carry out other construction projects or blasting, drilling, excavation or other operations within the scope of protection of cultural relics protection units，The safety of cultural relics protection units must be ensured，It shall be approved by the people's government that has verified and announced the cultural relics protection unit，The consent of the administrative department for cultural relics of the people's government at the next higher level shall be obtained before approval;Carrying out other construction projects or blasting, drilling, excavation and other operations within the scope of the protection of key cultural relics protection units throughout the country，It must be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government，Prior to approval, the consent of the administrative department for cultural relics under The State Council shall be obtained。

Article 18 In accordance with the actual needs for the protection of cultural relics and with the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, certain construction control zones may be designated around cultural relics protection units and announced。

Construction projects carried out within the construction control zones of cultural relics protection units shall not damage the historical features of such units;The project design plan shall be submitted to the urban and rural construction planning department for approval after being approved by the corresponding cultural relics administrative department according to the level of the cultural relics protection unit。

Article 19 Within the scope of protection and construction control zones of units under the protection of cultural relics, no facilities shall be built that pollute units under the protection of cultural relics and their environment, and no activities may be carried out that may affect the safety of units under the protection of cultural relics and their environment。Existing units under the protection of cultural relics and their environmental facilities that pollute the environment shall be brought under control within a time limit。

Article 20 The site selection of a construction project shall, as far as possible, avoid immovable cultural relics;Where it is impossible to avoid the site due to special circumstances, the site protection of cultural relics shall be implemented as far as possible。 For the implementation of in-situ protection, the construction unit shall determine the protection measures in advance, submit them to the corresponding cultural relics administrative department for approval according to the level of the cultural relics protection unit, and include the protection measures in the feasibility study report or design assignment。 Where it is impossible to carry out in-situ protection and it is necessary to relocate to other places for protection or dismantle, it shall be submitted to the people's government of the province, autonomous region or municipality directly under the Central Government for approval;Prior to approval, the administrative department for cultural relics under The State Council shall be required to obtain the consent of the relocation or demolition of a provincial cultural relics protection unit。Key cultural relics under national protection may not be dismantled;Where relocation is necessary, it must be reported to The State Council for approval by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government。 The murals, sculptures and architectural components of the state-owned immovable cultural relics dismantled in accordance with the provisions of the preceding paragraph shall be collected by the cultural relics collection units designated by the administrative department for cultural relics。 The expenses for original site protection, relocation and demolition specified in this article shall be included in the construction project budget by the construction unit。

Article 21 The user of state-owned immovable cultural relics shall be responsible for repair and maintenance;Non-state-owned immovable cultural relics shall be repaired and maintained by the owner。Where non-state-owned immovable cultural relics are in danger of being damaged and the owner is unable to repair them, the local people's government shall provide assistance;If the owner has the ability to repair and refuses to perform the repair obligation according to law, the people's government at or above the county level may provide rescue and repair, and the necessary expenses shall be borne by the owner。Repairs to units under cultural relics protection shall be submitted to the corresponding administrative departments for cultural relics for approval according to the level of the units under cultural relics protection.Repairs of immovable cultural relics that have not been approved as cultural relics protection units shall be submitted to the administrative department of cultural relics of the people's government at the county level for approval。The repair, relocation and reconstruction of cultural relics protection units shall be undertaken by units that have obtained certificates of qualification for cultural relics protection projects。The repair, maintenance and relocation of immovable cultural relics must abide by the principle of not changing the original state of the cultural relics。

Article 22 Where immovable cultural relics have been completely destroyed, site protection shall be implemented and they may not be rebuilt at their original sites。但是，Because of special circumstances need to be rebuilt in the original site，The administrative department for cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government shall obtain the consent of the administrative department for cultural relics under The State Council，Submit to the people's government of the province, autonomous region or municipality directly under the Central Government for approval;National key cultural relics protection units need to be rebuilt at their original sites，It shall be submitted to The State Council for approval by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government。

Article 23 Memorial buildings or ancient buildings owned by the State that have been approved as cultural relics protection units，In addition to the establishment of museums, custodians or places to visit，If it must be used for other purposes，The administrative department for cultural relics of the people's government that has approved the announcement of the cultural relics protection unit shall obtain the consent of the administrative department for cultural relics at the next higher level，Report to the people's government of the cultural relic protection unit for approval;Key cultural relics under national protection are used for other purposes，It shall be submitted to The State Council for approval by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government。The use for other purposes of immovable cultural relics in the state which have not been approved as cultural relics protection units shall be reported to the administrative department of cultural relics of the people's government at the county level。

Article 24 State-owned immovable cultural relics may not be transferred or mortgaged。A state-owned cultural relic protection unit that establishes a museum, a depository or a place for visiting and sightseeing may not be operated as an enterprise asset。

Article 25 Non-state-owned immovable cultural relics may not be transferred or mortgaged to foreigners。 The transfer, mortgage or change of use of non-state-owned immovable cultural relics shall be reported to the corresponding cultural relics administrative departments for the record according to their levels;If the local people's government funds to help repair, it shall be submitted to the corresponding administrative department for cultural relics for approval。

Article 26 In using immovable cultural relics, one must abide by the principle of not altering the original state of the cultural relics, be responsible for protecting the safety of the building and its attached cultural relics, and may not damage, alter, add to or remove immovable cultural relics。 The local people's government shall promptly investigate and dispose of any building or structure that endangers the safety of the units under the protection of cultural relics or damages the historical features of the units under the protection of cultural relics and, when necessary, remove and remove the building or structure。

Chapter Three: Archaeological excavation

Article 27 All archaeological excavations must go through the procedures for submission and approval;Units engaged in archaeological excavations shall be subject to the approval of the administrative department for cultural relics under The State Council。 No unit or individual may excavate cultural relics buried underground without permission。

Article 28 Units engaged in archaeological excavations for the purpose of scientific research shall put forward excavation plans and submit them to the administrative department for cultural relics under The State Council for approval;The archaeological excavation plans of key national cultural relics protection units shall be submitted to The State Council for approval after examination and verification by the cultural relics administration department under The State Council。Before approving or examining, the administrative department for cultural relics under The State Council shall seek the opinions of social science research institutions and other scientific research institutions and relevant experts。

Article 29 In undertaking a large capital construction project, the construction unit shall report in advance to the administrative department for cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government to organize units engaged in archaeological excavations to carry out archaeological investigations and exploration in places where cultural relics may be buried within the scope of the project。 Where cultural relics are discovered during archaeological investigation or exploration, the administrative department for cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government shall, in accordance with the requirements for the protection of cultural relics, jointly agree on protection measures with the construction unit;In case of important discoveries, the administrative department for cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government shall promptly report them to the administrative department for cultural relics under The State Council for handling 。

Article 30 For archaeological excavations that need to be carried out in conjunction with a construction project, the administrative department for cultural relics of a province, autonomous region or municipality directly under the Central Government shall, on the basis of the exploration work, propose an excavation plan and submit it to the administrative department for cultural relics under The State Council for approval。Before approval, the administrative department for cultural relics under The State Council shall seek the opinions of social science research institutions and other scientific research institutions and relevant experts。 Where it is truly urgent to rescue and excavate sites of ancient culture or ancient tombs due to the urgency of the construction period or the danger of natural destruction, the administrative department of cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government shall organize the excavations and go through the approval procedures at the same time。

Article 31 The expenses for archaeological investigations, exploration and excavations necessary for capital construction and production construction shall be included in the construction project budget by the construction unit。

Article 32 In the course of a construction project or agricultural production, any unit or individual that discovers cultural relics shall protect the site and immediately report to the local administrative department for cultural relics. Upon receiving the report, the administrative department for cultural relics shall, if there are no special circumstances, rush to the site within 24 hours and give opinions on handling the matter within seven days。The administrative department for cultural relics may report to the local people's government to notify the public security organ for assistance in protecting the site;Where important cultural relics are discovered, they shall be immediately reported to the administrative department for cultural relics under The State Council, which shall, within 15 days of receiving the report, give opinions on handling the matter。The cultural relics discovered in accordance with the provisions of the preceding paragraph are owned by the State, and no unit or individual may plunder, privately divide or hide them。

Article 33 No foreigner or foreign organization may conduct archaeological investigations, exploration or excavations within the territory of the People's Republic of China without the special permission of the administrative department for cultural relics under The State Council。

Article 34 The results of archaeological investigations, exploration and excavations shall be reported to the department of cultural relics administration under The State Council and the department of cultural relics administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government。Cultural relics excavated by archaeological excavation shall be registered, put on record, kept properly and, in accordance with the relevant provisions of the State, transferred to the administrative department of cultural relics of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or to the state-owned museums, libraries or other units of the State that collect cultural relics designated by the administrative department of cultural relics under The State Council for collection。With the approval of the administrative department for cultural relics of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the administrative department for cultural relics under The State Council, units engaged in archaeological excavations may retain a small number of unearthed cultural relics as scientific research specimens。No unit or individual may seize cultural relics excavated by archaeology。

Article 35 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 administrative department of cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government shall be approved by the people's government at the corresponding level，The unearthed cultural relics within the administrative area may be invoked;The administrative department of cultural relics under The State Council shall be approved by The State Council，Can call the country's important unearthed cultural relics。

Chapter IV Cultural relics collected

Article 36 Museums, libraries and other units collecting cultural relics must distinguish the grades of cultural relics in their collections, set up archives for their collections, establish a strict management system, and report to the competent administrative department for cultural relics for the record。 The administrative departments for cultural relics under the local people's governments at or above the county level shall separately establish archives for cultural relics in their respective administrative areas.The administrative department for cultural relics under The State Council shall establish archives of first-level national cultural relics collections and archives of cultural relics in the collections of the state-owned cultural relics collection units under its charge。

Article 37 Units collecting cultural relics may acquire cultural relics by the following means:
(1) Purchase;
(2) Accepting donations;
(3) exchange according to law;
(4) Other methods prescribed by laws and administrative regulations。
The state-owned units collecting cultural relics may also acquire cultural relics through safekeeping or transfer designated by the administrative department for cultural relics。

Article 38 Units collecting cultural relics shall, according to the needs of the protection of cultural relics in their collections, establish and improve management systems in accordance with the relevant provisions of the State, and report to the competent administrative department for cultural relics for the record。Without approval, no unit or individual may transfer cultural relics in the collection。 The legal representative of the cultural relics collection unit shall be responsible for the safety of the cultural relics in the collection。When the legal representative of the state-owned cultural relics collection unit leaves office, the transfer procedures of cultural relics in the collection shall be handled in accordance with the archives of cultural relics in the collection。

Article 39 The administrative department for cultural relics under The State Council may transfer cultural relics in the state-owned collection throughout the country。The administrative departments for cultural relics of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may transfer cultural relics in the collections of state-owned cultural relics collection units under their authority within their respective administrative areas;The transfer of first-class cultural relics in the state-owned collection shall be reported to the administrative department of cultural relics under The State Council for the record。 Units collecting state-owned cultural relics may apply for the transfer of cultural relics in state-owned collections。

Article 40 Units collecting cultural relics shall give full play to the role of cultural relics in their collections and strengthen the publicity and education of the fine historical culture and revolutionary tradition of the Chinese nation through exhibitions, scientific research and other activities。 State-owned cultural relics collection units need to borrow cultural relics in their collections for holding exhibitions, scientific research, etc., shall report to the competent cultural relics administrative department for the record;The borrowing of Grade I cultural relics in the collection shall be approved by the administrative department of cultural relics under The State Council。 Non-state-owned cultural relics collection units and other units that need to borrow cultural relics in state-owned collections for exhibitions shall report to the competent administrative department for cultural relics for approval;The borrowing of Grade I cultural relics in the state-owned collection shall be approved by the administrative department of cultural relics under The State Council。 The maximum period for borrowing cultural relics between collection units shall not exceed three years。

Article 41 A state-owned cultural relics collection unit that has established archives of cultural relics in its collection，It shall be approved by the administrative department of cultural relics of the people's government of the province, autonomous region or municipality directly under the Central Government，And report to the administrative department of cultural relics under The State Council for the record，The cultural relics in its collection may be exchanged among the state-owned cultural relics collection units;For the exchange of Class I artifacts，It must be approved by the administrative department for cultural relics under The State Council。

Article 42 A state-owned cultural relics collection unit that has not established archives of cultural relics in its collection may not dispose of cultural relics in its collection in accordance with the provisions of Articles 40 and 41 of this Law。

Article 43 A cultural relic collection unit that has acquired cultural relics in accordance with law by transferring, exchanging or borrowing cultural relics in the state-owned collection may give reasonable compensation to the cultural relic collection unit that provides such cultural relics, and the specific administrative measures shall be formulated by the cultural relic administration department under The State Council。 The compensation fees derived from the transfer, exchange or loan of cultural relics by state-owned units collecting cultural relics must be used to improve the conditions of the collection of cultural relics and to collect new cultural relics, and may not be diverted for other purposes.No unit or individual may encroach upon it。 Cultural relics transferred, exchanged or borrowed must be kept strictly and must not be lost or damaged。

Article 44 State-owned cultural relics collection units are prohibited from donating, renting or selling cultural relics in their collections to other units or individuals。

Article 45 Measures for the disposal of cultural relics no longer in the collection of state-owned cultural relics shall be formulated separately by The State Council。

Article 46 The restoration of cultural relics in the collection shall not alter their original state;The reproduction, photographing and rubbing of cultural relics in the collection shall not cause damage to the cultural relics in the collection。Specific administrative measures shall be formulated by The State Council。 The provisions of the preceding paragraph shall apply to the restoration, reproduction, photographing and rubbing of unmovable cultural relics。

Article 47 Museums, libraries and other units that collect cultural relics shall, in accordance with the relevant provisions of the State, be equipped with facilities to prevent fire, theft and natural damage to ensure the safety of cultural relics in their collections。

Article 48 Where cultural relics of Grade I in the collection are damaged, they shall be reported to the administrative department of cultural relics under The State Council for verification and handling。Damage to other cultural relics in the collection shall be reported to the administrative department of cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government for verification and handling;The administrative department for cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government shall report the result of verification to the administrative department for cultural relics under The State Council for the record。 Where cultural relics in the collection are stolen, robbed or lost, the cultural relics collection unit shall immediately report to the public security organ and at the same time report to the competent cultural relics administrative department。

Article 49 The functionaries of the administrative departments for cultural relics and the units for collecting state-owned cultural relics may not borrow state-owned cultural relics or illegally occupy state-owned cultural relics。

Chapter V Cultural relics collected by the people

Article 50 Citizens, legal persons and other organizations other than units collecting cultural relics may collect cultural relics obtained through the following means:
(1) inherit or accept gifts according to law;
(2) Purchase from cultural relics stores;
(3) Purchase from auction enterprises engaged in the auction of cultural relics;
(4) Mutual exchange or transfer of cultural relics legally owned by individual citizens;
(5) Other lawful means prescribed by the State。
The cultural relics mentioned in the preceding paragraph collected by citizens, legal persons and other organizations other than the units collecting cultural relics may be circulated according to law。

Article 51 Citizens, legal persons and other organizations may not buy or sell the following cultural relics:
(1) State-owned cultural relics, except those permitted by the State;
(2) Precious cultural relics in non-state-owned collections;
(3) frescoes, sculptures, architectural components, etc. in state-owned immovable cultural relics, except those frescoes, sculptures, architectural components, etc. in state-owned immovable cultural relics dismantled according to law, which do not fall under the provisions of paragraph 4 of Article 20 of this Law and should be collected by cultural relics collection units;
(4) Cultural relics whose sources do not conform to the provisions of Article 50 of this Law。

Article 52 The State encourages citizens, legal persons and other organizations other than units collecting cultural relics to donate the cultural relics in their collections to units collecting cultural relics in the State or to lend them to units collecting cultural relics for exhibition and research。 The state-owned cultural relics collection units shall respect and, in accordance with the wishes of the donors, properly collect, keep and display the donated cultural relics。 Cultural relics prohibited from leaving the country by the State may not be transferred, leased or pledged to foreigners。

Article 53 A cultural relics shop shall be established with the approval of the cultural relics administration department under The State Council or the cultural relics administration department of the people's government of a province, autonomous region or municipality directly under the Central Government, and shall administer it according to law。 Cultural relics shops may not engage in cultural relics auction operations, and may not set up auction enterprises engaged in cultural relics auction。

Article 54 Where an auction enterprise established according to law engages in the auction of cultural relics, it shall obtain a license for the auction of cultural relics issued by the administrative department for cultural relics under The State Council。 Auction enterprises engaged in the auction of cultural relics may not engage in the purchase and sale of cultural relics, and may not set up cultural relics shops。

Article 55 No staff member of the administrative department for cultural relics may establish or participate in the establishment of cultural relics shops or auction enterprises engaged in the auction of cultural relics。 Units collecting cultural relics may not establish or participate in the establishment of cultural relics shops or auction enterprises operating cultural relics auctions。 The establishment of Chinese-foreign joint ventures, Chinese-foreign cooperation and wholly foreign-owned cultural relics shops or auction enterprises engaged in cultural relics auction is prohibited。 With the exception of approved cultural relics shops and auction enterprises engaged in the auction of cultural relics, no other units or individuals may engage in the commercial operation of cultural relics。

Article 56 Cultural relics sold in cultural relics shops shall, before being sold, be examined and approved by the administrative departments of cultural relics of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government;Where the sale is permitted, the administrative department of cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government shall make a mark。 The cultural relics auctioned by an auction enterprise shall, before auction, be examined and approved by the administrative department of cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government, and shall be reported to the administrative department of cultural relics under The State Council for the record;Where the administrative department for cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government is unable to determine whether it can be auctioned, it shall be submitted to the administrative department for cultural relics under The State Council for examination and approval。

Article 57 The purchase and sale of cultural relics by cultural relics shops and the auction of cultural relics by auction enterprises shall make records in accordance with the relevant provisions of the State and report to the administrative department for cultural relics that originally examined and approved them for the record。 When auctioning cultural relics, where the consignor or buyer requests that his or her identity be kept secret, the administrative department for cultural relics shall keep it confidential;However, except as otherwise provided for by laws and administrative regulations。

Article 58 When examining the cultural relics to be auctioned, the administrative department for cultural relics may designate the state-owned cultural relics collection units to have priority in purchasing the precious cultural relics among them。The purchase price shall be determined by the representative of the cultural relics collection unit and the consignor of the cultural relics through consultation。

Article 59 Banks, smelters, paper mills and waste materials recycling units shall, together with the local cultural relics administrative departments, be responsible for selecting cultural relics mixed with gold and silver and waste materials。The selected cultural relics shall be handed over to the local administrative department for cultural relics, except that the historical currency necessary for the research of the bank may be retained by the People's Bank。Reasonable compensation shall be given for the handover of selected cultural relics。

Chapter VI Exit and Entry of Cultural Relics

Article 60 Precious cultural relics of state-owned and non-state-owned cultural relics and other cultural relics prohibited from leaving the country by the State shall not leave the country;With the exception of outbound exhibitions in accordance with the provisions of this Law or with the approval of The State Council for special needs。

Article 61 The exit of cultural relics shall be subject to the examination and approval of the entry and exit of cultural relics designated by the department of cultural relics administration under The State Council。The cultural relics that have been approved for exit shall be issued exit permits by the administrative department for cultural relics under The State Council and shall leave the country at ports designated by the administrative department for cultural relics under 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 on the basis of an exit permit。

Article 62 An exit exhibition of cultural relics shall be submitted to the administrative department for cultural relics under The State Council for approval.Where the quantity of Grade I cultural relics exceeds that prescribed by The State Council, it shall be submitted to The State Council for approval。 Isolated and fragile items of Grade I cultural relics shall not be allowed to leave the country for exhibition。 The exit of cultural relics exhibited abroad shall be examined and registered by the entry and exit examination agencies for cultural relics。The Customs shall release the goods on the basis of the approval document issued by the administrative department of cultural relics under The State Council or The State Council。The re-entry of cultural relics exhibited abroad shall be examined and examined by the original entry and exit examination agency。

Article 63 The temporary entry of cultural relics into the country shall be declared to the Customs and submitted to the entry and exit examination agencies for examination and registration。 The temporary entry of cultural relics to re-exit the country must be examined and examined by the original examination and approval institutions for the entry and exit of cultural relics registered;After examination and verification, the administrative department for cultural relics under The State Council shall issue an exit permit for cultural relics, and the Customs shall release the cultural relics by virtue of the exit permit。

Chapter VII Legal liability

Article 64 Whoever, in violation of the provisions of this Law, commits any of the following acts, which constitutes a crime, shall be investigated for criminal responsibility according to law:
(1) robbing and excavating sites of ancient culture or ancient tombs;
(2) Intentionally or negligently damaging or damaging precious cultural relics under state protection;
(3) selling cultural relics in the State-owned collection or giving them to non-state-owned units or individuals without authorization;
(4) selling or giving to foreigners precious cultural relics whose exit is prohibited by the State;
(5) reselling cultural relics whose sale is prohibited by the State for profit;
(6) smuggling cultural relics;
(7) stealing, robbing, privately distributing or illegally occupying state-owned cultural relics;
(8) Other acts obstructing the administration of cultural relics that shall be investigated for criminal responsibility。

Article 65 Whoever, in violation of the provisions of this Law, causes the loss or damage of cultural relics shall bear civil liability according to law。 If a violation of the provisions of this Law constitutes an act against the administration of public security, the public security organ shall give a punishment for the administration of public security according to law。 Whoever violates the provisions of this Law and constitutes an act of smuggling, but does not constitute a crime, shall be punished by the Customs in accordance with the provisions of relevant laws and administrative regulations。

Article 66 Whoever commits any of the following acts but does not constitute a crime shall be ordered by the competent department for cultural relics of the people's government at or above the county level to make corrections; if serious consequences are caused, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed;If the circumstances are serious, the qualification certificate shall be revoked by the original issuing authority:
(1) carrying out construction projects or blasting, drilling, excavating or other operations within the scope of protection of cultural relics protected units without authorization;
(2) Damage to the historical features of the units under the protection of cultural relics due to the construction projects carried out within the construction control zones of the units under the protection of cultural relics, without the approval of the administrative departments for cultural relics and the approval of the planning departments for urban and rural development;
(3) moving or dismantling immovable cultural relics without authorization;
(4) repairing immovable cultural relics without authorization, significantly changing the original state of cultural relics;
(5) Arbitrarily rebuilding immovable cultural relics that have been completely destroyed at their original sites, thus causing damage to cultural relics;
(6) The construction unit has not obtained the qualification certificate for cultural relics protection projects, and has arbitrarily engaged in the repair, relocation or reconstruction of cultural relics。
Where a cultural relic is not seriously scratched, defaced or damaged, or where the symbol of a cultural relic protection unit established in accordance with the provisions of the first paragraph of Article 15 of this Law is damaged, the public security organ or the unit where the cultural relic is located shall give a warning and may concurrently impose a fine。

Article 67 Building facilities within the scope of protection of units under cultural relics protection or within construction control zones that pollute units under cultural relics protection and their environment，Or failing to complete the rehabilitation of the existing units of cultural relics under protection and their environmental facilities within the prescribed time limit，The administrative department for environmental protection shall impose penalties in accordance with the provisions of relevant laws and regulations。

Article 68 Whoever commits any of the following acts shall be ordered by the competent department of cultural relics of the people's government at or above the county level to make corrections, confiscate the illegal gains, and, if the illegal gains exceed 10,000 yuan, impose a fine of not less than two times but not more than five times the illegal gains;If the illegal gains are less than 10,000 yuan, a fine of not less than 5,000 yuan but not more than 20,000 yuan shall also be imposed:
(1) transferring or mortgaging state-owned immovable cultural relics, or using state-owned immovable cultural relics as enterprise assets;
(2) transferring or mortgaging non-state-owned immovable cultural relics to foreigners;
(3) changing the uses of state-owned cultural relics under protection without authorization。

Article 69 The layout, environment and historical features of a famous historical and cultural city are seriously damaged，The State Council shall revoke its title of famous historical and cultural city;The layout, environment or historical features of a town, street or village have been seriously damaged，The people's governments of provinces, autonomous regions and municipalities directly under the Central government shall revoke their titles of historical and cultural blocks, towns and villages;The persons in charge and other persons directly responsible shall be given administrative sanctions according to law。

Article 70 If any of the following acts does not constitute a crime, the competent department for cultural relics of the people's government at or above the county level shall order it to make corrections and may impose a fine of not more than 20,000 yuan, and if there are any illegal gains, the illegal gains shall be confiscated:
(1) The units collecting cultural relics are not equipped with facilities to prevent fire, theft and natural damage in accordance with the relevant provisions of the State;
(2) The legal representative of the state-owned cultural relics collection unit fails to transfer the cultural relics in accordance with the archives of cultural relics in the collection when he leaves office, or the cultural relics in the collection are inconsistent with the archives of cultural relics in the collection;
(3) donating, renting or selling cultural relics in the State-owned collection to other units or individuals;
(4) disposing of cultural relics in state-owned collections in violation of the provisions of Articles 40, 41 and 45 of this Law;
(5) misappropriating or misappropriating the compensation fees obtained from the transfer, exchange or loan of cultural relics according to law in violation of Article 43 of this Law。

Article 71 Buying and selling cultural relics prohibited by the State or transferring, renting or pledging to foreigners cultural relics prohibited from leaving the country，Not yet constituted a crime，The administrative department for cultural relics of the people's government at or above the county level shall order it to make corrections，Confiscation of illegal gains，The amount of illegal business is more than 10,000 yuan，Shall also be fined not less than two times but not more than five times the amount of illegal business;The amount of illegal business is less than 10,000 yuan，And a fine of not less than 5,000 yuan but not more than 20,000 yuan。

Article 72 Without permission，Auction enterprises that set up cultural relics shops or auction cultural relics without authorization，Or engage in commercial operations of cultural relics without authorization，Not yet constituted a crime，The administrative department for industry and commerce shall stop it according to law，The illegal gains and cultural relics illegally traded shall be confiscated，Illegal business of 50,000 yuan or more，Shall also be fined not less than two times but not more than five times the amount of illegal business;The amount of illegal business is less than 50,000 yuan，And a fine of not less than 20,000 yuan but not more than 100,000 yuan。

Article 73 Under any of the following circumstances，The administrative departments for industry and commerce shall confiscate the illegal gains and cultural relics illegally traded，Illegal business of 50,000 yuan or more，Shall also be fined not less than twice but not more than three times the amount of illegal business;The amount of illegal business is less than 50,000 yuan，Shall also be fined not less than 5,000 yuan but not more than 50,000 yuan;serious，The license shall be revoked by the original issuing authority:
(1) Cultural relics shops engaged in cultural relics auction operations;
(2) An auction enterprise engaged in the auction of cultural relics engaged in the purchase and sale of cultural relics;
(3) Cultural relics sold in cultural relics shops or auctioned by auction enterprises, which have not been examined and approved;
(4) cultural relics collection units engaged in commercial operations of cultural relics。

Article 74 Where any of the following acts does not constitute a crime, the competent department for cultural relics of the people's government at or above the county level shall, in conjunction with the public security organ, recover the cultural relics;If the circumstances are serious, he shall be fined not less than 5,000 yuan but not more than 50,000 yuan:
(1) concealing cultural relics discovered without reporting them or refusing to turn them in;
(2) failing to hand over selected cultural relics in accordance with regulations。

Article 75 Whoever commits any of the following acts shall be ordered to make corrections by the competent department for cultural relics of the people's government at or above the county level:
(1) changing the uses of immovable cultural relics owned by the State that have not been approved as cultural relics under protection and failing to report such changes in accordance with the provisions of this Law;
(2) transferring or mortgaging non-state-owned immovable cultural relics or changing their uses without filing a record in accordance with the provisions of this Law;
(3) The user of state-owned immovable cultural relics refuses to perform the obligation of repair according to law;
(4) An archaeological excavation unit conducts archaeological excavations without approval, or fails to truthfully report the results of archaeological excavations;
(5) Failing to establish archives and management systems for cultural relics in its collection in accordance with the relevant provisions of the State, or failing to record archives and management systems for cultural relics in its collection;
(6) transferring cultural relics in the collection without approval in violation of Article 38 of this Law;
(7) Failure to report the damage of cultural relics in the collection to the administrative department for cultural relics for verification and handling, or the cultural relics in the collection are stolen, robbed or lost, and the collection unit fails to report to the public security organ or the administrative department for cultural relics in a timely manner;
(8) Failing to make records of the sale of cultural relics by cultural relics shops or auction enterprises in accordance with the relevant provisions of the State or failing to report the records to the administrative department of cultural relics for the record。

Article 76 Any staff member of an administrative department for cultural relics, a collection unit for cultural relics, a shop for cultural relics or an auction enterprise engaged in the auction of cultural relics who commits any of the following acts shall be given administrative sanctions according to law; if the circumstances are serious, he or she shall be dismissed from public office or revoked from his or her employment qualifications according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Personnel of the administrative departments for cultural relics, in violation of the provisions of this Law, abuse the authority of examination and approval, fail to perform their duties, or fail to investigate and handle illegal acts upon discovery, resulting in serious consequences;
(2) personnel of the administrative department for cultural relics and the state-owned cultural relics collection unit borrowing or illegally occupying state-owned cultural relics;
(3) staff members of the administrative departments for cultural relics running or participating in the running of cultural relics stores or auction enterprises operating cultural relics auctions;
(4) causing damage to or loss of cultural relic protection units or precious cultural relics due to irresponsibility;
(5) embezzling or misappropriating funds for the protection of cultural relics。
The persons who are dismissed from public office or whose qualifications for employment are revoked as mentioned in the preceding paragraph shall not be allowed to serve as administrators of cultural relics or engage in cultural relics business activities within 10 years from the date of being dismissed from public office or revoked。

Article 77 If a person commits one of the acts listed in Articles 66, 68, 70, 71, 74 and 75 of this Law, the person in charge and other persons directly responsible for the act are State functionaries, they shall be given administrative sanctions according to law。

Article 78 Public security organs, administrative departments for industry and commerce, customs, urban and rural development planning departments and other state organs，Abuse of power, dereliction of duty, favoritism and malpractice in violation of the provisions of this Law，Causing damage to or loss of precious cultural relics under state protection，The persons in charge and other persons directly responsible shall be given administrative sanctions according to law;criminal，Criminal responsibility shall be investigated according to law。

Article 79 Cultural relics confiscated by the people's courts, people's procuratorates, public security organs, customs and administrative departments for industry and commerce according to law shall be registered and put on record, properly safeguarded, and after the case is concluded, they shall be handed over free of charge to the administrative departments for cultural relics, which shall be collected by state-owned cultural relics collection units designated by the administrative departments for cultural relics。

Chapter VIII Supplementary Provisions

Article 80 This Law shall come into force on the date of promulgation。