【法律】中华人民共和国文物保护法（2024年修订）（英文版）

Order of the President of the People's Republic of China

 No. 35

Law of the People’s Republic of China on Cultural Relics Protection, adopted at the 12th Meeting of the Standing Committee of the Fourteenth National People's Congress of the People’s Republic of China on November 8, 2024, is hereby promulgated and shall go into effect as of March 1, 2025.

                  Xi Jinping　　　　　　 

 President of the People's Republic of China

                 November 8, 2024　　

Law of the People’s Republic of China on Cultural Relics Protection

(Adopted at the 25th Meeting of the Standing Committee of the Fifth National People’s Congress on November 19, 1982; amended for the first time in accordance with the Decision on Amending Articles 30 and 31 of the Law of the People’s Republic of China on Cultural Relics Protection at the 20th Meeting of the Standing Committee of the Seventh National People’s Congress on June 29, 1991; revised for the first time at the 30th Meeting of the Standing Committee of the Ninth National People’s Congress on October 28, 2002; amended for the second time in accordance with the Decision on Amending the Law of the People’s Republic of China on Cultural Relics Protection at the 31st Meeting of the Standing Committee of the Tenth National People’s Congress on December 29, 2007; amended for the third time in accordance with the Decision on Amending the Law of the People’s Republic of China on Cultural Relics Protection and Other Eleven Laws at the 3rd Meeting of the Standing Committee of the Twelfth National People’s Congress on June 29, 2013; amended for the fourth time in accordance with the Decision on Amending the Law of the People’s Republic of China on Cultural Relics Protection at the 14th Meeting of the Standing Committee of the Twelfth National People’s Congress on April 24, 2015; amended for the fifth time in accordance with the Decision on Amending the Accounting Law of the People’s Republic of China and Other Ten Laws at the 30th Meeting of the Standing Committee of the Twelfth National People’s Congress on November 4, 2017; and revised for the second time at the 12th Meeting of the Standing Committee of the Fourteenth National People’s Congress on November 8, 2024)

Contents

Chapter I General Provisions

Chapter II Immovable Cultural Relics

Chapter III Archaeological Excavations

Chapter IV Cultural Relics in Institutional Collections

Chapter V Cultural Relics in Private Collections

Chapter VI Exit and Entry of Cultural Relics

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions

Chapter Ⅰ General Provisions

Article 1 This Law is enacted in accordance with the Constitution for purposes of strengthening the protection of cultural relics, passing on the splendid historical and cultural heritage of the Chinese nation, facilitating scientific research, conducting education in patriotism and revolutionary traditions, enhancing the sense of history and cultural confidence, and promoting socialist cultural-ethical and material advancement.

Article 2 Cultural relics shall be protected by the state. For the purpose of this Law, the term “cultural relics” refers to the following material remains created by human beings or related to human activities which have historical, artistic or scientific value:

(1) ancient cultural sites, ancient tombs, ancient buildings, grotto temples, ancient stone carvings, and ancient murals;

(2) important historic sites, physical objects and iconic buildings from modern periods that are related to major historical events, revolutionary movements or famous personalities, or that are of significant commemorative importance, educational significance or significant historical value;

(3) valuable artwork and craftwork in various historical periods;

(4) important documents, manuscripts, and books and materials in various historical periods; and

(5) physical objects representative of social systems, social production or social life of various ethnicities in different historical periods.

The authority, standards and procedures for authenticating cultural relics shall be stipulated and promulgated by the State Council.

Fossils of early vertebrates and early humans that are of scientific value receive the same state protection as cultural relics.

Article 3 Cultural relics are categorized as immovable and movable cultural relics.

Immovable cultural relics, including ancient cultural sites, ancient tombs, ancient buildings, grotto temples, ancient stone carvings, ancient murals, important modern historic sites and iconic buildings, are categorized as protected sites of cultural relics and immovable cultural relics that are not verified and announced as protected sites of cultural relics (hereinafter referred to as the “unrated immovable cultural relics”); and protected sites of cultural relics are categorized as sites of cultural relics under state priority protection, protected sites of cultural relics under the provincial protection, protected sites of cultural relics under the protection of a city divided into districts, and protected sites of cultural relics under the county-level protection.

Movable cultural relics, including important physical objects, artwork, craftwork, documents, manuscripts, books and materials, and representative physical objects in various historical periods, are categorized as valuable cultural relics and ordinary cultural relics; valuable cultural relics are subcategorized as Grade I cultural relics, Grade II cultural relics and Grade III cultural relics.

Article 4 The work on cultural relics shall be carried out under the leadership of the Communist Party of China, be guided by core socialist values, and be conducted under the principles of protection as priority, rescue first, rational use and strengthened management.

Article 5 All cultural relics remaining underground within the territory of the People’s Republic of China or under the inland waters or territorial seas, as well as the cultural relics of Chinese origin or unknown origin remaining in other seas under the jurisdiction of China, are owned by the state.

Ancient cultural sites, ancient tombs and grotto temples are owned by the state. Immovable cultural relics, including memorial buildings, ancient buildings, ancient stone carvings, ancient murals, and iconic buildings of modern times, designated for protection by the state, are owned by the state unless otherwise provided in the regulations of the state.

The ownership of the state-owned immovable cultural relics shall remain unchanged regardless of the changing of ownership or use right of the land to which such relics are attached.

Article 6 The following movable cultural relics are owned by the state:

(1) cultural relics unearthed underground within the territory of the People’s Republic of China, and those recovered from the inland waters, territorial seas, and other sea areas under the jurisdiction of China, unless otherwise stipulated by the state;

(2) cultural relics collected and preserved by state-owned cultural relics collection entities and other state organs, the military, state-owned enterprises, and public institutions;

(3) cultural relics solicited, purchased or confiscated in accordance with law by the state;

(4) cultural relics donated to the state by citizens or organizations; and

(5) other state-owned cultural relics as stipulated by law.

The ownership of the state-owned movable cultural relics shall remain unchanged regardless of the changing or dissolution of the entities responsible for their collection or preservation.

Article 7 The ownership of the state-owned cultural relics is protected by law and is inviolable.

The ownership of memorial buildings, ancient buildings, and cultural relics handed down from ancestors or obtained in accordance with law, which belong to any collective or individual, is protected by law. Owners of the cultural relics shall abide by the laws and regulations of the state on cultural relics protection.

Article 8 All state organs, organizations and individuals have the duty to protect cultural relics in accordance with law.

Article 9 The administrative department of cultural heritage under the State Council is in charge of the work concerning cultural relics protection throughout the country.

Local people’s governments at various levels are in charge of the work concerning cultural relics protection within their respective administrative areas. Administrative departments of cultural heritage under the local people’s governments at or above the county level supervise and administer the protection of cultural relics within their respective administrative areas.

The relevant departments of the people’s governments at or above the county level are in charge of the work concerning cultural relics protection within the scope of their respective functions and duties.

Article 10 The state develops the cause of cultural relics protection and implements the work requirements of prioritizing protection, strengthening management, exploring the value, making effective use, and bringing cultural relics back to life.

Article 11 Cultural relics are non-renewable cultural resources. People’s governments at all levels shall attach importance to cultural relics protection and correctly handle the relationship between economic development and social progress on one hand and the protection of cultural relics on the other to ensure the safety and security of cultural relics.

In advancing capital projects and tourism, the protection of cultural relics must be put in the first place, regulations on cultural relics protection as well as safety and security management shall be strictly implemented, and damage during development or over-commercialization shall be prevented.

Article 12 People’s governments at all levels shall take measures to strengthen the protection of cultural relics related to major events, important meetings or persons, and the great founding spirit of the Communist Party of China in all periods of its history.

Article 13 The people’s governments at or above the county level shall incorporate cultural relics protection into their national economic and social development planning, and include the expenses in their budgets to ensure that the development of the cause of cultural relics protection is commensurate with the level of national economic and social development.

The institutional revenues from entities including the state-owned museums, memorial halls, and protected sites of cultural relics shall be included in the budget management and used for cultural relics protection, and no entity or person may embezzle or misappropriate them.

The state encourages, through donations and other means, the establishment of social funds for cultural relics protection, which shall be used exclusively for this purpose, and no entity or person may embezzle or misappropriate such funds.

Article 14 People’s governments at or above the county level and their administrative departments of cultural heritage shall strengthen censuses and special surveys of cultural relics to fully understand their resource status and their protection.

Administrative departments of cultural heritage of the people’s governments at or above the county level shall strengthen dynamic management of state-owned cultural relics resources and assets, and submit in a timely manner reports on the management in accordance with the relevant regulations of the state.

Article 15 The state supports and regulates the exploration and interpretation of the value of cultural relics and promotes the study of the origin and development of Chinese civilization to pass on the excellent traditional Chinese culture, carry forward the revolutionary culture, develop the advanced socialist culture, forge a strong sense of community of the Chinese nation, and enhance the influence of Chinese culture.

Article 16 The state strengthens the publicity and education on the protection of cultural relics, innovates communication methods, enhances public awareness of cultural relics protection, and creates a social atmosphere of proactively passing on the outstanding historical and cultural heritage of the Chinese nation.

News media shall convey laws, regulations, and knowledge about cultural relics protection to the public and exercise public oversight of the acts that endanger or destroy cultural relics in accordance with law.

Museums, memorial halls, repositories of cultural relics, archaeological parks and other relevant entities shall carry out public communication and education on cultural relics protection tailored to the visits and tours.

Article 17 The state encourages scientific research on cultural relics protection and the promotion of advanced and applicable technologies for cultural relics protection so as to enhance the relevant scientific and technological capacity.

The state strengthens the informatization of cultural relics protection, advances digital preservation of cultural relics, and promotes the digital collection, display and utilization of cultural relics resources.

The state steps up efforts to train professionals in archaeology, repair, restoration, and other cultural relics protection work, and improves the mechanisms for training, using, evaluating and incentivizing talents.

Article 18 The state encourages research on the utilization of cultural relics and, under the premise of ensuring their safety and security, adheres to the priority of social benefits, effectively utilizes cultural relic resources, and provides diversified and multi-level cultural products and services.

Article 19 The state improves the social participation mechanism, mobilizes social actors to participate in cultural heritage protection, and encourages and guides social actors to invest in the protection of cultural heritage.

Article 20 The state supports international exchange and cooperation on cultural relics protection in aspects including archaeology, repair, restoration, exhibition, scientific research, law enforcement, and justice to promote exchanges and mutual learning between different civilizations.

Article 21 Administrative departments of cultural heritage or other relevant departments of the people’s governments at or above the county level shall publicize the channels for complaints or reports, and accept and address those related to cultural relics protection in a timely manner.

Article 22 Entities or persons, who have achieved any of the following shall be duly commended and rewarded in accordance with the relevant regulations of the state:

(1) strictly implementing laws and regulations on cultural relics protection and achieving remarkable results in the protection;

(2) resolutely combating criminal and other illegal activities to protect cultural relics;

(3) donating important cultural relics in one’s collection to the state or making donations for cultural relics protection;

(4) reporting the discovery of cultural relics or delivering them to the authority without delay to ensure their protection;

(5) making significant contributions in archaeological excavations, exploration and interpretation of the value of cultural relics, and other related work;

(6) making important scientific and technological inventions and innovations for cultural relics protection or other important contributions in this respect;

(7) rendering meritorious service in rescuing the cultural relics at risk of being destroyed;

(8) making outstanding achievements through long-term dedication to the field of cultural relics;

(9) making remarkable achievements in organizing and participating in voluntary services for cultural relics protection; or

(10) making significant contributions to international exchange and cooperation in cultural relics protection.

Chapter II Immovable Cultural Relics

Article 23 Immovable cultural relics discovered in cultural relics censuses, special surveys or other related work shall be verified and announced in a timely manner as protected sites of cultural relics, or registered and announced as unrated immovable cultural relics. Citizens and organizations may submit suggestions for verification and announcement of protected sites of cultural relics or registration and announcement of unrated immovable cultural relics.

The administrative department of cultural heritage under the State Council shall select the sites of significant historical, artistic or scientific value from among protected sites of cultural relics at the provincial level, at the level of city divided into districts and at the county level, to become sites of cultural relics under state priority protection, or shall directly determine eligible sites as sites of cultural relics under state priority protection, and report the matter to the State Council for verification and announcement.

Protected sites of cultural relics at the provincial level shall be verified and announced by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for record.

Protected sites of cultural relics at the level of a city divided into districts and at the county level shall be verified and announced by the people’s governments at the level of a city divided into districts, and the level of an autonomous prefecture and the county level respectively and reported to people’s governments of provinces, autonomous regions and municipalities directly under the Central Government for record.

The administrative department of cultural heritage of a people’s government at the county level shall register the unrated immovable cultural relics and report the matter to the people’s government at the corresponding level and the administrative department of cultural heritage of the people’s government at the next higher level for record, and announce the matter to the public.

Article 24 In the renovation of old urban areas and the development of tracts of land, the people’s governments at or above the county level shall organize a prior survey of immovable cultural relics in relevant regions, carry out verification, registration and announcement without delay, and take protective measures in accordance with law. Without the survey, no entity is allowed to start construction so as to prevent damage to cultural relics during development.

Article 25 Cities that are exceptionally rich in preserved cultural relics and hold significant historical value or revolutionary commemorative significance shall be verified and announced by the State Council as famous historical and cultural cities.

Towns, subdistricts, and villages exceptionally rich in preserved cultural relics and of significant historical value or revolutionary commemorative significance shall be verified and announced by the people’s governments of the provinces, autonomous regions or municipalities directly under the Central Government as the historical and cultural blocks, villages, and towns, and be reported to the State Council for record.

The people’s governments at or above the county level in places of famous historical and cultural cities, blocks, villages and towns shall organize the formulation of special protection planning for such cities, blocks, villages and towns, and include them in their relevant planning.

Measures for the protection of famous historical and cultural cities, blocks, villages and towns shall be formulated by the State Council.

Article 26 The people’s governments of provinces, autonomous regions or municipalities directly under the Central Government, and the people’s governments at the level of a city divided into districts and at the county level shall respectively delineate and announce the necessary areas of protection, put up signs and notices, and establish records for protected sites of cultural relics at corresponding levels and shall, in the light of different circumstances, establish special agencies or designate personnel to be responsible for the administration of these sites. The protection areas and records for sites of cultural relics under state priority protection shall be reported by the administrative departments of cultural heritage of the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government to the administrative department of cultural heritage under the State Council for record.

For unrated immovable cultural relics, the administrative departments of cultural heritage of the people’s governments at the county level shall install explanatory signage, establish records, and specify the entities or personnel responsible for administration.

The administrative departments of cultural heritage of the local people’s governments at or above the county level shall, based on the need of protecting different cultural relics, formulate specific protective measures for protected sites of cultural relics and unrated immovable cultural relics, report the measures to the people’s governments at corresponding levels, and announce and implement the measures.

Administrative departments of cultural heritage shall guide and encourage primary-level people's organizations for self-governance and volunteers to participate in the work of protecting immovable cultural relics.

Article 27 Prior to the formulation of the relevant planning, the people’s governments at all levels shall have their relevant departments consult with the administrative departments of cultural heritage to work out protective measures for immovable cultural relics within their administrative areas, which shall be incorporated into the planning.

The administrative department of cultural heritage of a local people’s government at or above the county level shall, based on the need of protecting cultural relics, organize the formulation of protection planning for immovable cultural relics within the administrative area, publish and implement the planning after the approval of the people’s government at the corresponding level, and submit it to the administrative department of cultural heritage of the people’s government at the next higher level for record. The protection planning of sites of cultural relics under state priority protection shall be published and implemented after the approval of the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government and be reported to the administrative department of cultural heritage under the State Council for record.

Article 28 No construction projects other than cultural relics protection projects, nor operations including blasting, drilling, and digging, may be conducted within the protection areas of protected sites of cultural relics. Where the construction or operation is necessary under special circumstances, the safety of protected sites of cultural relics must be ensured.

Where, due to special circumstances, it is necessary to conduct construction or operations in accordance with the provisions of the preceding paragraph within the protection area of a protected site of cultural relics at the provincial level, or at the level of a city divided into districts, or at the county level, approval must be obtained from the people’s government that verified and announced the protected site of cultural relics after the consent of the administrative department of cultural heritage of the people’s government at the next higher level. Any construction project or operation specified in the preceding paragraph within the protection area of a site of cultural relics under state priority protection shall be subject to approval from the people’s government of the province, autonomous region or municipality directly under the Central Government after the consent of the administrative department of cultural heritage under the State Council.

Article 29 Based on the actual needs of cultural relics protection and with the approval of the people’s government of a province, autonomous region or municipality directly under the Central Government, a construction control zone may be delineated around a protected site of cultural relics and be announced to the public.

Construction projects in the construction control zones around protected sites of cultural relics may not damage the historical features of such sites, and the project design plans shall, based on the levels of protected sites of cultural relics and the extent of impact on the historical features of these sites, be subject to the construction project planning permit obtained in accordance with law after approval from the administrative department of cultural heritage provided by the state.

Article 30 In the protection areas and the construction control zones around protected sites of cultural relics, no facilities that pollute the protected sites of cultural relics and their surrounding environment may be put up and no activities that may adversely affect the safety and security as well as the environment of protected sites of cultural relics may be conducted. The established facilities that pollute the protected sites of cultural relics and their surrounding environment shall be disposed of in accordance with the laws and regulations relating to ecological environment.

Article 31 The location selection for a construction project shall avoid immovable cultural relics as far as possible. In cases where avoidance is not possible due to special circumstances, every effort shall be made to implement in-situ protection.

In implementing in-situ protection, a developer shall work out protective measures in advance and, based on the level of the protected site of cultural relics, submit the measures to the corresponding administrative department of cultural heritage for approval; the protective measures for in-situ protection of the unrated immovable cultural relics shall be reported to the administrative department of cultural heritage of the people’s government at the county level for approval; without approval, the construction may not be commenced.

Where it is impossible to implement in-situ protection, and a protected site of cultural relics at the provincial level, at the level of a city divided into districts, or at the county level needs to be relocated for protection or dismantled, the matter shall be reported to the people’s government of a province, autonomous region or municipality directly under the Central Government for approval; where a protected site of cultural relics at the provincial level needs to be relocated or dismantled, the consent of the administrative department of cultural heritage under the State Council shall be obtained prior to the approval. No site of cultural relics under state priority protection shall be dismantled; where such a site needs to be relocated, the matter shall be reported by the people’s government of a province, autonomous region or municipality directly under the Central Government to the State Council for approval. Where unrated immovable cultural relics need to be relocated for protection or dismantled, the matter shall be reported to the administrative department of cultural heritage of the people’s government of a province, autonomous region or municipality directly under the Central Government for approval.

The dismantling of state-owned immovable cultural relics in accordance with the provisions of the preceding paragraph shall be implemented under the supervision of an administrative department of cultural heritage, and the collectible murals, sculptures, building components, etc., shall be collected by cultural relics collection entities designated by the administrative department of cultural heritage.

The expenses required for in-situ protection, relocation or dismantling provided in this Article shall be included by the developer in the budget for the construction project.

Article 32 Users of state-owned immovable cultural relics are responsible for their repair and maintenance; owners or users are responsible for the repair and maintenance of non-state-owned immovable cultural relics, for which the people’s governments at or above the county level may provide subsidies.

Where immovable cultural relics are at risk of damage and the owners or users are not capable of repair, the people’s governments at or above the county level shall offer them necessary assistance; where the owners or users capable of repair, refuse to perform the repair obligation in accordance with law, the people’s governments at or above the county level may undertake emergency repair and the expenses entailed shall be borne by the owners or users.

The repair of protected sites of cultural relics shall, based on the levels of protected sites of cultural relics, be subject to approval from the corresponding administrative departments of cultural heritage; and the repair of unrated immovable cultural relics shall be subject to approval from the administrative departments of cultural heritage of the people’s governments at the county level.

The repair, relocation, or reconstruction of protected sites of cultural relics shall be undertaken by entities with the qualification certificate for cultural relics protection projects.

In repairing, maintaining and relocating immovable cultural relics, the principles of keeping cultural relics in their original state and minimal intervention shall be observed to ensure the authenticity and integrity of the cultural relics.

The administrative departments of cultural heritage of the people’s governments at or above the county level shall strengthen their supervision and inspection of the protection of immovable cultural relics, discover potential hazards in a timely manner, prevent security risks, and urge and guide the owners or users of immovable cultural relics to fulfill their protection duties.

Article 33 Where immovable cultural relics are ruined, the ruins shall be strictly protected, and in-situ reconstruction shall be prohibited. Where in-situ reconstruction is necessary due to cultural relics protection or other special circumstances, the administrative departments of cultural heritage of the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government shall report the matter to the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government for approval; where in-situ reconstruction is needed for a site of cultural relics under state priority protection, the people’s government of the province, autonomous region or municipality directly under the Central Government shall, after obtaining the consent of the administrative department of cultural heritage under the State Council, report the matter to the State Council for approval.

Article 34 For memorial buildings or ancient buildings within a state-owned protected site of cultural relics, aside from being used to establish museums, repositories of cultural relics, or tourist sites, any conversion for other purposes shall be subjected to approval according to the following procedures: where the site is at the level of city divided into districts or at the county level, approval is required from the people’s government that verifies and announces the site after its administrative department of cultural heritage obtains consent from the administrative department of cultural heritage of the people’s government at the next higher level; where the site is at the provincial level, approval is required from the people’s government of the province, autonomous region or municipality directly under the Central Government that verifies and announces the site after its administrative department of cultural heritage reviews the matter and gives consent; where the site is under state priority protection, the matter shall be submitted by the people’s government of the province, autonomous region or municipality directly under the Central Government to the State Council for approval. Where the state-owned unrated immovable cultural relics are converted for other purposes, the matter shall be reported to the administrative department of cultural heritage of a people’s government at the county level.

Article 35 State-owned immovable cultural relics are not allowed to be transferred or mortgaged. Where the state regulations provide otherwise on this matter, such provisions in the regulations shall prevail. The state-owned immovable cultural relics used to establish museums, repositories of cultural relics, or tourist sites may not be converted to corporate assets for business operation; the management institutions may not be transferred to corporate management.

In tourism and other development and construction activities based on historical and cultural blocks, villages and towns, relevant protection planning and protective measures shall be strictly implemented, large-scale relocation shall be controlled, excessive development shall be prevented, and overall protection and living inheritance shall be strengthened.

Article 36 Non-state-owned immovable cultural relics may not be transferred or mortgaged to foreign nationals, foreign organizations, or international organizations.

The transfer, mortgage or change of use of the non-state-owned immovable cultural relics shall be reported to the corresponding administrative department of cultural heritage for record.

Article 37 The people’s governments at or above the county level and their relevant departments shall, under the premise of ensuring the safety and security of cultural relics, take locally appropriate measures to promote effective utilization of immovable cultural relics.

Protected sites of cultural relics shall be open to the public as much as possible. When open to the public, protected sites of cultural relics shall reasonably determine opening hours and visitor capacity, make such information available to the public, and strive to provide necessary convenience for tourists.

Museums, memorial halls, repositories of cultural relics, archaeological parks and other sites established for the protection of immovable cultural relics shall strengthen exploration and interpretation of the value of those cultural relics, and conduct targeted publicity and presentation.

Article 38 Those who use immovable cultural relics must follow the principles of keeping immovable cultural relics in their original state and minimal intervention, and be responsible for protecting the safety and security of the main body and the attached cultural relics without damaging, altering, extending, or dismantling the immovable cultural relics.

With regard to the buildings or structures that endanger the safety and security of immovable cultural relics or damage the historical features of immovable cultural relics, the local people’s governments shall investigate and handle the matter without delay; when necessary, they shall have such buildings or structures dismantled or relocated in accordance with law.

Article 39 The owners or users of immovable cultural relics shall strengthen the fire safety management regarding the use of fire, electricity and gas, take fire safety measures tailored for the characteristics of immovable cultural relics, and improve the fire prevention and emergency response capabilities to ensure the safety and security of cultural relics.

Article 40 The people’s governments of provinces, autonomous regions or municipalities directly under the Central Government may delineate areas with relatively concentrated distribution of underground or underwater cultural relics and in need of overall protection as burial areas of underground cultural relics and underwater cultural relics protection areas, and issue, announce and implement specific protective measures.

Where a burial area of underground cultural relics or an underwater cultural relics protection area lies across two or more provinces, autonomous regions or municipalities directly under the Central Government, or lies in the sea areas under China’s jurisdiction beyond the territorial sea of China, the administrative department of cultural heritage under the State Council shall delineate the area and formulate specific protective measures, which shall be reported to the State Council for verification and announcement.

Chapter III Archaeological Excavations

Article 41 All archaeological excavations are subject to approval formalities. Entities engaged in archaeological excavation shall obtain a qualification certificate for archaeological excavation issued by the administrative department of cultural heritage under the State Council.

No entity or person may, without permission, excavate the cultural relics buried underground or remaining underwater.

Article 42 Entities engaged in archaeological excavation, when conducting the excavations for scientific research, shall submit their excavation plans to the administrative department of cultural heritage under the State Council for approval; the archaeological excavation plans for sites of cultural relics under state priority protection shall be submitted to the State Council for approval after being reviewed by the administrative department of cultural heritage under the State Council. Before approving or reviewing such plans, the administrative department of cultural heritage under the State Council shall solicit comments from research institutes of social science and other scientific research institutions as well as the experts concerned.

Article 43 Where a local people’s government at or above the county level assigns or allocates the land-use right in the areas with potential underground cultural relics, the administrative department of cultural heritage of the people’s government of the province, autonomous region or municipality directly under the Central Government shall organize the entities engaged in archaeological excavations to conduct archaeological surveys and exploration. The administrative department of cultural heritage of the people’s government of the province, autonomous region or municipality directly under the Central Government shall duly delineate and dynamically adjust the areas with potential underground cultural relics.

Where a large-scale capital project or a construction project within the protection area or construction control zone around a protected site of cultural relics is undertaken without archaeological surveys and exploration in accordance with the provisions of the preceding paragraph, the developer shall make a report in advance to the administrative department of cultural heritage of the people’s government of the province, autonomous region or municipality directly under the Central Government for the latter to organize entities engaged in archaeological excavation to conduct archaeological surveys and exploration in potential burial areas of cultural relics within the project scope.

Where cultural relics are discovered in the course of surveys and exploration, the administrative department of cultural heritage of the people’s government of the province, autonomous region or municipality directly under the Central Government shall, in accordance with the requirements of protecting cultural relics, work with the developer to determine protective measures; in the case of important discoveries, the administrative department of cultural heritage of the people’s government of the province, autonomous region or municipality directly under the Central Government shall report in a timely manner to the administrative department of cultural heritage under the State Council for handling the matter. Where the incurring construction suspension or delay inflicts losses on the developer, the administrative department of cultural heritage of the local people’s government at or above the county level shall, in conjunction with other relevant departments, heed the opinions of the developer and put forth its proposals on the handling of the matter and report the proposals to the people’s government at the corresponding level for approval.

Article 44 Where archaeological excavations require coordination, the administrative department of cultural heritage of the people’s government of a province, autonomous region or municipality directly under the Central Government shall submit its excavation plan based on the exploration to the administrative department of cultural heritage under the State Council for approval. Before approving the plan, the administrative department of cultural heritage under the State Council shall solicit comments from research institutions of social sciences and other scientific research institutions as well as the experts concerned.

Where an urgent excavation of the sites of ancient culture or ancient tombs is needed due to the tight construction schedule or the risks of natural deterioration, the administrative department of cultural heritage of the people’s government of a province, autonomous region or municipality directly under the Central Government shall organize excavations while completing the necessary formalities for examination and approval.

Article 45 Where archaeological surveys, exploration and excavation are needed for capital construction or construction for productive purposes, the developer shall list the necessary expenses in the budget of the construction project.

The people’s governments at or above the county level may provide support for archaeological surveys, exploration and excavation through appropriate means.

Article 46 In construction projects or agricultural production, any entity or person that discovers cultural relics or suspected cultural relics shall protect the site and report to the local administrative department of cultural heritage without delay; after receiving the report, the department shall send staff to the scene within 24 hours and put forth its proposal on the handling of the matter within 7 days. The administrative department of cultural heritage shall take measures to protect the site and, if necessary, notify the public security organ or the maritime law enforcement organ for assistance; where important cultural relics are discovered, the matter shall be reported to the administrative department of cultural heritage under the State Council without delay, and the department shall put forth its proposal on the handling of the matter within 15 days after receiving the report.

The cultural relics discovered in accordance with the provisions of the preceding paragraph belong to the state, and no entity or person may loot, divide up or conceal them.

Article 47 Unless the State Council grants special permission following the report by its administrative department of cultural heritage, no foreign national, foreign organization or international organization may conduct any archaeological survey, exploration or excavation within the territory of China.

Article 48 The findings of archaeological surveys, exploration or excavation shall be reported truthfully to the administrative department of cultural heritage under the State Council and the administrative departments of cultural heritage of the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government.

Cultural relics discovered in archaeological excavations shall be registered, properly stored and, in accordance with the relevant regulations of the state, turned over for collection to the state-owned museums, libraries or other state-owned cultural relics collection entities designated by the administrative departments of cultural heritage of the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government or the administrative department of cultural heritage under the State Council. Upon approval by the administrative departments of cultural heritage of the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government, the entities engaged in archaeological excavation may retain a small amount of cultural relics unearthed or discovered underwater as samples for scientific research.

No entity or person may embezzle cultural relics and materials in archaeological excavation.

Article 49 Based on the need to ensure the safety and security of cultural relics, conduct scientific research and make full use of cultural relics, the administrative departments of cultural heritage of the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government may, upon approval by the people’s governments at corresponding levels, mobilize the cultural relics unearthed or recovered underwater within the administrative areas; and the administrative department of cultural heritage under the State Council may, upon approval by the State Council, mobilize important cultural relics unearthed or recovered underwater nationwide.

Chapter IV Cultural Relics in Institutional Collections

Article 50 The state encourages and supports the collection and protection of movable cultural relics by cultural relics collection entities, as well as their activities including cultural relics exhibitions and displays, publicity and education, and scientific research.

The relevant departments shall treat the state-owned and non-state-owned cultural relics collection entities fairly in aspects including conditions of establishment, social service requirements, and financial and tax support policies.

Article 51 Museums, libraries and other cultural relics collection entities shall, in accordance with the national rating standards for cultural relics, classify cultural relics in their collections (hereinafter referred to as the “cultural relics in institutional collections”), compile files, establish a strict management system, and report them to the administrative departments of cultural heritage in charge for record.

The administrative departments of cultural heritage of the people’s governments at or above the county level shall establish the files for cultural relics in institutional collections within their respective administrative areas; and the administrative department of cultural heritage under the State Council shall establish the files for Grade I cultural relics in institutional collections of the state and for those cultural relics in institutional collections of the state-owned cultural relics collection entities that it is in charge of.

Article 52 Cultural relics collection entities may obtain cultural relics through any of the following means:

(1) purchase;

(2) acceptance of donations;

(3) exchange in accordance with law; or

(4) other means as stipulated by laws and administrative regulations.

The state-owned cultural relics collection entities may also obtain cultural relics through collection designation or reallocation by the administrative department of cultural heritage.

Cultural relics collection entities shall, in accordance with law, fulfill the duty of reasonable care to learn and identify the legitimacy of the cultural relics’ source before solicitation and purchase.

Article 53 Cultural relics collection entities shall, based on the need of protecting cultural relics in institutional collections and in accordance with the relevant regulations of the state, establish and improve the management system and report to the administrative departments of cultural heritage in charge for record. Without approval, no entity or person is allowed to access and transfer cultural relics in institutional collections.

The legal representative or the principal person in charge of a cultural relics collection entity is responsible for the safety and security of cultural relics in institutional collections. Before leaving their posts, the legal representative or the principal person in charge of the cultural relics collection entity shall, in accordance with the files of cultural relics in institutional collections, go through the formalities of handing over cultural relics in institutional collections.

Article 54 The administrative department of cultural heritage under the State Council may reallocate cultural relics in institutional collections of state-owned cultural relics collection entities throughout the nation. The administrative department of cultural heritage of the people’s government of a province, an autonomous region or a municipality directly under the Central Government may reallocate cultural relics in institutional collections of the state-owned cultural relics collection entities that it is in charge of in its administrative area; where Grade I cultural relics in institutional collections of state-owned cultural relics collection entities are reallocated, the matter shall be reported to the administrative department of cultural heritage under the State Council for record.

State-owned cultural relics collection entities may apply for reallocation of cultural relics in state-owned cultural relics in institutional collections.

Article 55 Cultural relics collection entities shall improve conditions and the level of service, give full play to the role of cultural relics in institutional collections, and strengthen the publicity and education of the Chinese nation’s outstanding history, culture and revolutionary traditions through activities such as exhibitions, scientific research as well as cultural and creative services. They shall also improve the efficiency of utilizing cultural relics in institutional collections through borrowing and lending, exchanging and online exhibitions.

Cultural relics collection entities shall support and assist in the organization of activities such as education, teaching, and scientific research by schools and research institutions.

Museums shall be open to the public in accordance with the relevant regulations of the state, reasonably determine the opening hours and the maximum number of visitors and announce them to the public, and provide scientific, accurate and vivid written explanation and interpretation services in various forms.

Article 56 Where state-owned cultural relics collection entities need to borrow from each other cultural relics in institutional collections for such purposes as holding exhibitions and conducting scientific research, the matter shall be reported to the administrative department of cultural heritage in charge for record; where Grade I cultural relics in institutional collections are to be borrowed, the matter shall also be reported to the administrative department of cultural heritage under the State Council for record.

Where non-state-owned cultural relics collection entities and other entities need to borrow state-owned cultural relics in institutional collections for the purpose of holding exhibitions, the matter shall be reported to the administrative departments of cultural heritage in charge for approval; where state-owned Grade I cultural relics in institutional collections are to be borrowed, the matter shall be subject to approval from the administrative department of cultural heritage under the State Council.

Where cultural relics are borrowed between cultural relics collection entities, a borrowing agreement shall be signed with a term not exceeding three years.

Article 57 State-owned cultural relics collection entities that have set up files of cultural relics in institutional collections and established the management system in accordance with the provisions of this Law may exchange cultural relics in institutional collections with one another; prior to the exchange, the matter shall be reported to the administrative department of cultural heritage of the people’s government of a province, autonomous region or municipality directly under the Central Government for approval, and to the administrative department of cultural heritage under the State Council for record.

Article 58 State-owned cultural relics collection entities that fail to compile files and the management system of cultural relics in institutional collections as stipulated in this Law, may not borrow or exchange cultural relics in institutional collections in accordance with the provisions of Articles 55 through 57 of this Law.

Article 59 Cultural relics collection entities that obtain cultural relics through reallocation, exchange or borrowing of cultural relics in institutional collections in accordance with law may give reasonable compensation to cultural relics collection entities that provide the cultural relics.

The compensation gained by cultural relics collection entities from reallocation, exchange or lending of cultural relics shall be used for the improvement of the storage conditions for cultural relics and for the collection of new cultural relics, and may not be misappropriated; and no entity or person may embezzle the compensation.

The cultural relics reallocated, exchanged or borrowed shall be kept in strict preservation, and loss or damage shall not occur.

Article 60 State-owned cultural relics collection entities are prohibited from donating, leasing, selling, mortgaging, or pledging cultural relics in institutional collections to other entities or persons.

Article 61 The measures for the deaccessioning of cultural relics from institutional collections that are no longer collected by the state-owned cultural relics collection entities shall be formulated and announced by the administrative department of cultural heritage under the State Council.

Article 62 The restoration of cultural relics in institutional collections may not change their original state; in duplicating, filming and photographing or making rubbings of cultural relics in institutional collections, damage to the cultural relics shall be avoided. Prior to the restoration, duplication, or rubbing-making of Grade II or Grade III cultural relics in institutional collections, the matter shall be reported to corresponding administrative departments of cultural heritage of the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government for approval; the restoration, duplication, or rubbing-making of Grade I cultural relics in institutional collections is subject to approval from the administrative department of cultural heritage under the State Council.

The provisions of the preceding paragraph apply to the restoration, duplication, filming and photographing as well as rubbing-making of single pieces of cultural relics of immovable cultural relics.

Article 63 Museums, libraries and other cultural relics collection entities shall, in accordance with the relevant regulations of the state, equip themselves with facilities against fire, theft and natural deterioration, and take the appropriate measures to ensure the safety and security of cultural relics collections.

Article 64 Where Grade I cultural relics in institutional collections are damaged, the matter shall be reported to the administrative department of cultural heritage under the State Council for examination and handling. Where other cultural relics in institutional collections are damaged, the matter shall be reported to the administrative departments of cultural heritage of the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government for examination and handling; the said departments of the people’s governments concerned shall submit the examination and handling result to the administrative department of cultural heritage under the State Council for record.

Where cultural relics in institutional collections are stolen, looted or missing, the cultural relics collection entity concerned shall immediately report the case to a public security organ and simultaneously to the administrative department of cultural heritage in charge.

Article 65 No staff of the administrative departments of cultural heritage and the state-owned cultural relics collection entities may borrow or embezzle the state-owned cultural relics.

Chapter V Cultural Relics in Private Collections

Article 66 The state encourages citizens and organizations to collect cultural relics legally and strengthens the guidance, management and services for private collections.

Article 67 Citizens and organizations other than cultural relics collection entities may collect cultural relics obtained through any of the following means:

(1) lawful inheritance or acceptance of donations;

(2) purchase from cultural relics sales entities;

(3) purchase from auction enterprises engaged in the auction of cultural relics (hereinafter referred to as the “cultural relics auction enterprises”);

(4) mutual exchange of the cultural relics lawfully owned by individual citizens or transfer of such cultural relics in accordance with law; or

(5) other lawful means prescribed by the state.

Cultural relics, as specified in the preceding paragraph, which are in the collection of citizens and organizations other than cultural relics collection entities, may be circulated in accordance with law.

Article 68 It is prohibited to purchase or sell the following cultural relics:

(1) state-owned cultural relics, except the ones with the approval of the state;

(2) murals, sculptures, components of buildings and other elements in state-owned immovable cultural relics, except for the ones in the state-owned immovable cultural relics legally dismantled that are not to be collected by cultural relics collection entities as prescribed in the fourth paragraph of Article 31 of this Law;

(3) non-state-owned valuable cultural relics in institutional collections;

(4) stolen cultural relics as notified or announced by the relevant departments of the State Council and other cultural relics whose sources do not comply with the provisions of Article 67 of this Law,; or

(5) lost cultural relics notified or announced by foreign governments or relevant international organizations in accordance with relevant international conventions.

Article 69 The state encourages citizens and organizations other than cultural relics collection entities to donate or lend the cultural relics in their collections to cultural relics collection entities for exhibition and research.

Cultural relics collection entities shall respect and comply with the wishes of donors and keep the donated relics in proper collection and preservation, and on display appropriately.

No cultural relics that the state prohibits from leaving the country may be transferred, leased, mortgaged or pledged to overseas organizations or individuals.

Article 70 A cultural relics sales entity shall obtain the license for cultural relics sales issued by the administrative department of cultural heritage of the people’s government of a province, autonomous region or municipality directly under the Central Government.

No cultural relics sales entity may engage in the auction of cultural relics or set up any cultural relics auction enterprise.

Article 71 Where an auction enterprise established in accordance with law engages in the auctions of cultural relics, it shall obtain the license for auction of cultural relics issued by the administrative department of cultural heritage of the people’s government of a province, autonomous region or municipality directly under the Central Government.

Cultural relics auction enterprises may not engage in any business activities of selling cultural relics or set up any cultural relics sales entity.

Article 72 The staff of administrative departments of cultural heritage shall not establish or participate in the establishment of any cultural relics sales entity or cultural relics auction enterprise.

Cultural relics collection entities or their staff may not establish or participate in the establishment of any cultural relics sales entity or cultural relics auction enterprise.

It is prohibited to establish any foreign-funded cultural relics sales entity or cultural relics auction enterprise.

Except for the cultural relics sales entities or cultural relics auction enterprises, no entity or person may engage in cultural relics commercial operations.

Article 73 Cultural relics sales entities may not sell and cultural relics auction enterprises may not auction the cultural relics provided in Article 68 of this Law.

Prior to the auction, a cultural relics auction enterprise shall have the cultural relics reviewed by the administrative department of cultural heritage of the people’s government of a province, autonomous region or municipality directly under the Central Government in accordance with the provisions of the preceding paragraph, and reported to the administrative department of cultural heritage under the State Council for record.

When selling or auctioning cultural relics, cultural relics sales entities or cultural relics auction enterprises shall truthfully disclose the relevant information on cultural relics and shall not engage in false advertising.

Article 74 The administrative departments of cultural heritage of the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government shall establish information and credit management systems on cultural relics’ purchase, sales, and auction, and promote integrity in cultural relics circulation. Cultural relics sales entities and cultural relics auction enterprises shall, in accordance with the relevant regulations of the state, keep records of the cultural relics they purchased, sold or auctioned, and submit the records to the administrative departments of cultural heritage of the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government for record within 30 days after the sales or auction.

Unless otherwise stipulated by laws and administrative regulations, an administrative department of cultural heritage shall keep the identity of a client or buyer confidential upon the client’s or buyer’s request when auctioning cultural relics.

Article 75 When an administrative department of cultural heritage examines and verifies the cultural relics to be auctioned, it may designate a state-owned cultural relics collection entity to enjoy the priority in purchasing the valuable ones. The price may be determined through negotiations between the representatives of the state-owned cultural relics collection entities and the consignor of the cultural relics.

Article 76 Banks, smelters, paper mills and entities for material recovery from waste shall be jointly responsible with the local administrative departments of cultural heritage for sorting out cultural relics from the gold and silver articles and waste materials. The cultural relics sorted out, except for the historical currency needed for research by banks that may be kept by the People’s Bank of China, shall be turned over to the local administrative departments of cultural heritage. Reasonable compensation shall be paid for turning over those sorted out cultural relics.

Chapter VI Exit and Entry of Cultural Relics

Article 77 State-owned cultural relics, valuable cultural relics among the non-state-owned ones, or other cultural relics prohibited by the state from being taken out of China may not be exported; exceptions are the ones allowed for exhibition overseas in accordance with the provisions of this Law or for special purposes upon approval by the State Council.

The specific scope of cultural relics prohibited from export shall be stipulated and announced by the administrative department of cultural heritage under the State Council.

Article 78 Cultural relics to be taken out of the country shall be examined by the authority for the exit and entry of cultural relics designated by the administrative department of cultural heritage under the State Council. Cultural relics that are allowed to be taken out of the country after examination shall obtain an exit permit issued by the administrative department of cultural heritage under the State Council and shall exit from the port designated by the department.

Cultural relics to be transported, mailed or taken out of the country by any entity or person shall be declared to the customs which shall release them on the strength of their exit permit.

Article 79 Cultural relics to be taken out of the country for exhibition shall be subject to approval by the administrative department of cultural heritage under the State Council; if the number of Grade I cultural relics exceeds the quota fixed by the State Council, approval from the State Council is required.

One-of-a-kind or fragile relics among the Grade I cultural relics are prohibited from being taken out of the country for exhibition.

Cultural relics to be taken out of the country for exhibition shall be verified and registered by the authority for the exit and entry of cultural relics. The customs shall release the said cultural relics on the strength of the approval document issued by the administrative department of cultural heritage under the State Council or by the State Council. The re-entry of the cultural relics into the country that have been taken out for exhibition shall be subject to verification and inspection by the same authority for the exit and entry of cultural relics that verified and registered them.

Article 80 Temporary entry of cultural relics into the country shall be declared to the customs and subject to verification by the authority for the exit and entry of cultural relics and be registered accordingly. Where the authority for exit and entry of cultural relics finds that the temporarily inbound cultural relics belong to the ones stipulated in Article 68 of this Law, it shall report to the administrative department of cultural heritage under the State Council and inform the customs.

Before leaving the country, the temporarily inbound cultural relics must be verified and inspected by the authority for the exit and entry of cultural relics that originally verified and registered them; if no problems are found, the administrative department of cultural heritage under the State Council shall issue an exit permit for these cultural relics, on the strength of which the customs shall release them.

Article 81 The state strengthens international cooperation in the repatriation and return of cultural relics. The administrative department of cultural heritage under the State Council shall, in accordance with law, work with the relevant departments to repatriate the cultural relics lost overseas due to theft or illegal exit; the department shall return the foreign cultural relics illegally entering the territory of China in cooperation with relevant countries on the basis of relevant treaties, agreements, accords or the principle of reciprocity.

The state reserves the right to repatriate the cultural relics lost overseas due to theft or illegal exit, and such right is not subject to the statute of limitations.

Chapter VII Legal Liability

Article 82 Where local people’s governments at all levels, or the relevant departments of the people’s governments at or above the county level, or any of their staff members as well as other persons performing public duties in accordance with law, in violation of the provisions of this Law, abuse their powers, neglect their duties, engage in malpractice for personal gains, the responsible leaders and directly responsible persons shall be sanctioned in accordance with law.

Article 83 Where an entity or a person engages in any of the following acts, the administrative department of cultural heritage of a people’s government at or above the county level shall order corrections and impose a warning; where the damage is caused to cultural relics or there are other serious consequences, the department shall impose a fine of not less than RMB 500,000 yuan but not more than RMB 5 million yuan on the entity liable, and a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan on the person liable, and order the entity or the person liable to bear the costs of repairing and restoring the relevant cultural relics, and the authority that originally issued the qualification certificate shall lower the qualification level of the liable entity; where the circumstances are serious, the department shall impose on the entity liable a fine of not less than RMB 5 million yuan but not more than RMB 10 million yuan, and the original authority that issued the certificate shall revoke it:

(1) without authorization, conducting construction projects other than cultural relics protection projects, or blasting, drilling or digging operations in the protection area of protected sites of cultural relics;

(2) without authorization, conducting construction projects based on the project design plan without consent from the administrative department of cultural heritage in the construction control zone around protected sites of cultural relics;

(3) without authorization, conducting construction projects without formulating any in-situ protective measures for immovable cultural relics, or without seeking approval from the administrative department of cultural heritage of the in-situ protective measures for immovable cultural relics;

(4) without authorization, relocating or dismantling immovable cultural relics;

(5) without authorization, repairing immovable cultural relics, resulting in the significant change of their original state;

(6) without authorization, conducting in-situ reconstruction of the ruined immovable cultural relics;

(7) without authorization or the qualification certificate for cultural relics protection projects, conducting repair, relocation or reconstruction of cultural relics; or

(8) conducting large-scale capital projects, or the construction projects in the protection area or construction control zone around protected sites of cultural relics, without conducting archaeological surveys and exploration in accordance with law.

Anyone who damages the signs for protecting immovable cultural relics put up in accordance with this Law shall be given a warning by the administrative department of cultural heritage of a people’s government at or above the county level, and may also be fined not more than RMB 500 yuan.

Article 84 Where an act of putting up the facilities in the protection area or construction control zone around protected sites of cultural relics, pollutes the sites and the environment, the competent department of ecology and environment shall impose a penalty in accordance with law.

Article 85 Where an entity or a person, in violation of the provisions of this Law, engages in any of the following acts, the administrative department of cultural heritage of a people’s government at or above the county level shall order corrections, impose warning or circulation of notice of criticism, and confiscate unlawful gains; if the amount of such unlawful gains reaches RMB 5,000 yuan, the department shall impose a fine of not less than twice but not more than ten times the amount of the unlawful gains; if there is no unlawful gains or the amount of the unlawful gains is less than RMB 5,000 yuan, it shall concurrently impose a fine of not less than RMB 10,000 yuan but not more than RMB 50,000 yuan:

(1) transferring or mortgaging state-owned immovable cultural relics;

(2) converting the state-owned immovable cultural relics that have been used to establish museums, repositories of cultural relics or tourist sites to the assets of enterprises for business operation, or converting their management institutions under enterprise management;

(3) transferring or mortgaging non-state-owned immovable cultural relics to foreign nationals, foreign organizations or international organizations; or

(4) without authorization, converting memorial buildings or ancient buildings in state-owned protected sites of cultural relics for other purposes.

Article 86 Where the layout, environment, or historical features of a famous historical and cultural city are seriously undermined, the State Council shall revoke its title as a famous historical and cultural city. Where the layout, environment, or historical features of a historical and cultural block, town or village are seriously undermined, the people’s government of the province, autonomous region or municipality directly under the Central Government concerned shall revoke its title as a historical and cultural block, town or village. The responsible leaders and directly responsible persons shall be sanctioned in accordance with law.

Article 87 Under any of the following circumstances, the administrative department of cultural heritage of a people’s government at or above the county level shall order corrections, impose a warning or circulation of notice of criticism, and confiscate the unlawful gains; if the amount of such unlawful gains reaches RMB 5,000 yuan, the department shall concurrently impose a fine of not less than twice but not more than ten times the amount of such unlawful gains; if there are no unlawful gains or the amount of the unlawful gains is less than RMB 5,000 yuan, it may also impose a fine of not more than RMB 50,000 yuan:

(1) where a cultural relics collection entity fails to equip facilities against fire, theft and natural deterioration as required by the regulations of the state;

(2) where the outgoing legal representative or the principal person in charge of a cultural relics collection entity, upon departure, fails to hand over the cultural relics in accordance with the files on the cultural relics in institutional collections, or the cultural relics handed over are not in conformity with the files;

(3) where a state-owned cultural relics collection entity donates, leases, sells, mortgages, or pledges cultural relics in the collection to other entities or persons;

(4) where cultural relics in institutional collections are borrowed or exchanged in violation of the provisions of this Law; or

(5) where compensation gained from the cultural relics reallocated, exchanged or lent in accordance with law is misappropriated or embezzled.

Article 88 Where an entity or a person purchases or sells the cultural relics the purchase or sale of which the state prohibits, or transfers, leases, mortgages or pledges to overseas organizations or individuals the cultural relics that the state prohibits from being taken out of the country, the administrative department of cultural heritage of a people’s government at or above the county level shall order corrections and confiscate unlawful gains and the said cultural relics; if the amount of the illegal turnover reaches RMB 5,000 yuan, the department shall impose concurrently a fine of not less than twice but not more than ten times the illegal turnover; if there is no illegal turnover or the amount of the illegal turnover is less than RMB 5, 000 yuan, the department shall concurrently impose a fine of not less than RMB 10,000 yuan but not more than RMB 50,000 yuan.

Where any cultural relics sales entity or cultural relics auction enterprise commits the unlawful acts stipulated in the preceding paragraph, the administrative department of cultural heritage of a people’s government at or above the county level shall confiscate the unlawful gains and the said cultural relics; if the amount of the illegal turnover reaches RMB 30,000 yuan, the department shall concurrently impose a fine of not less than twice but not more than ten times the amount of illegal turnover; if there is no illegal turnover or the amount of the illegal turnover is less than RMB 30,000 yuan, the department shall concurrently impose a fine of not less than RMB 50,000 yuan but not more than RMB 250,000 yuan; where the circumstances are serious, the original licensing authority shall revoke the license concerned.

Article 89 Where an entity or a person, without permission, engages in commercial operations in cultural relics, the administrative department of cultural heritage of a people’s government at or above the county level shall order corrections, impose a warning or circulation of notice of criticism, and confiscate unlawful gains and the said cultural relics; if the amount of the illegal turnover reaches RMB 30,000 yuan, the department shall concurrently impose a fine of not less than twice but not more than ten times the amount; if there is no illegal turnover or the amount of the illegal turnover is less than RMB 30,000 yuan, the department shall concurrently impose a fine of not less than RMB 50,000 yuan but not more than RMB 250,000 yuan.

Article 90 Under any of the following circumstances, the administrative department of cultural heritage of a people’s government at or above the county level shall order corrections, impose a warning or circulation of notice of criticism, and confiscate unlawful gains and the said cultural relics; if the amount of illegal turnover reaches RMB 30,000 yuan, the department shall concurrently impose a fine of not less than twice but not more than ten times the amount; if there is no illegal turnover or the amount of the illegal turnover is less than RMB 30,000 yuan, the department shall concurrently impose a fine of not less than RMB 50,000 yuan but not more than RMB 250,000 yuan; where the circumstances are serious, the original licensing authority shall revoke the license concerned:

(1) where a cultural relics sales entity engages in the auction of cultural relics;

(2) where a cultural relics auction enterprise sells cultural relics;

(3) where the cultural relics auctioned by a cultural relics auction enterprise are not examined;

(4) where a cultural relics collection entity engages in commercial operations in cultural relics; or

(5) where a cultural relics sales entity or a cultural relics auction enterprise, sells or auctions counterfeits knowingly, or engages in false advertising.

Article 91 Where an entity or a person commits any of the following acts, the administrative department of cultural heritage of the people’s government at or above the county level shall work with the public security authority or the maritime law enforcement authority to retrieve the cultural relics, and give a warning; if the circumstances are serious, the department shall impose a fine of not less than RMB 100,000 yuan but not more than RMB 3 million yuan on the entity concerned and a fine of not less than RMB 5,000 yuan but not more than RMB 50,000 yuan on the person concerned:

(1) concealing or refusing to hand over the cultural relics discovered; or

(2) failing to turn over the cultural relics sorted out, as required by the relevant regulations.

Article 92 Where an entity or a person fails to declare the cultural relics at exit and entry in accordance with the provisions of this Law, the customs or maritime law enforcement authorities shall impose a penalty in accordance with law.

Article 93 Where an entity or a person commits any of the following acts, the administrative department of cultural heritage of a people’s government at or above the county level shall order corrections; where the circumstances are serious, the entity concerned shall be fined not less than RMB 100,000 yuan but not more than RMB 3 million yuan, have business activities restricted or the license revoked by the original licensing authority, and the person concerned shall be fined not less than RMB 5,000 yuan but not more than RMB 50,000 yuan:

(1) failing to report, as required by this Law, the change of use of the state-owned unrated immovable cultural relics;

(2) failing to file for record, as required by this Law, the transfer or mortgage of non-state-owned immovable cultural relics, or the change of use;

(3) in the case of a user of state-owned immovable cultural relics, capable of repairing, refusing to perform the repairing obligation in accordance with law;

(4) in the case of an entity engaged in archaeological excavation, conducting archaeological excavation without authorization, failing to give a truthful report of the result of the survey, exploration and excavation, or failing to hand over excavated cultural relics in accordance with the regulations;

(5) in the case of a cultural relics collection entity, failing to set up files and management systems for the cultural relics in the collection, as required by the relevant regulations of the state, or failing to report the files and management systems concerned for record;

(6) accessing or transferring cultural relics in institutional collections without approval;

(7) restoring, duplicating or making rubbings of cultural relics without approval;

(8) in the case of a cultural relics collection entity, failing to report the damage of the cultural relics in institutional collections to the administrative department of cultural heritage for examination and handling, or failing to report in a timely manner to a public security organ or the administrative department of cultural heritage about the stolen, looted or missing cultural relics in its collections; or

(9) in the case of a cultural relics sales entity selling cultural relics or a cultural relics auction enterprise auctioning cultural relics, failing to keep records of the cultural relics sold or auctioned, or failing to submit the records to an administrative department of cultural heritage for record, as required by the relevant regulations of the state.

Article 94 Where a staff member of an administrative department of cultural heritage, a cultural relics collection entity, a cultural relics sales entity or a cultural relics auction enterprise commits any of the following acts, he shall be given sanctions in accordance with law; where the circumstances are serious, he shall be expelled from public office or his professional qualification certificate shall be revoked in accordance with law:

(1)in the case of a staff member of an administrative department of cultural heritage or a state-owned cultural relics collection entity, borrowing or illegally embezzling state-owned cultural relics;

(2) in the case of a staff member of an administrative department of cultural heritage or a cultural relics collection entity, establishing or participating in the establishment of a cultural relics sales entity or cultural relics auction enterprise;

(3) acting irresponsibly, resulting in damage or destruction to protected sites of cultural relics or valuable cultural relics, or missing of such relics; or

(4) embezzling or misappropriating the budget earmarked for cultural relics protection.

No persons expelled from public office or whose professional qualification certificate is revoked in the preceding paragraph may be employed as the administrative staff members of cultural relics or engaged in cultural relics business operations within 10 years from the date of such expulsion or revocation.

Article 95 Where an entity is subject to an administrative penalty for violating the provisions of this Law, and the circumstances are serious, the directly responsible persons in charge and other directly responsible persons shall be subject to a fine of not less than RMB 5,000 yuan but not more than RMB 50,000 yuan.

Article 96 Where any act in violation of this Law causes damage to the civil rights and interests of others, the violator shall bear the civil liability in accordance with law; where the act constitutes a violation of the administration of public security, the public security organ shall impose an administrative penalty for public security in accordance with law; where the act constitutes a crime, the violator shall bear criminal liability in accordance with law.

Article 97 Administrative departments of cultural heritage of the people’s governments at or above the county level may take the following measures for supervision and inspection in accordance with law:

(1) entering a site to conduct inspections;

(2) reviewing and copying relevant documents and materials, inquiring with relevant personnel, and sealing the documents and materials that may be moved, destroyed or tampered with;

(3) sealing up and seizing the premises, facilities or properties suspected of illegal activities; or

(4) ordering the violator to stop the infringement upon cultural relics.

Article 98 The cultural relics that have been confiscated by supervisory commissions, people’s courts, people’s procuratorates, public security organs, the customs, administrations for market regulation and maritime law enforcement organs in accordance with law shall be registered, preserved properly and, after conclusion of the cases, turned over gratis to the administrative departments of cultural heritage, which designate state-owned cultural relics collection entities for collection.

Article 99 Where an entity or a person causes serious damage to cultural relics or brings about the risk of serious damage in violation of the provisions of this Law, resulting in the infringement upon public interests, a people’s procuratorate may initiate a public interest litigation against such an act in accordance with the provisions of the relevant procedural law.

Chapter VIII Supplementary Provisions

Article 100 Where this Law does not provide the conditions and duration for relevant administrative permission for the protection of cultural relics, the provisions of the Administrative Permission Law of the People’s Republic of China, other relevant laws and administrative regulations shall apply.

Article 101 This Law shall go into effect on March 1, 2025.