Regulation for the Implementation of the Cultural Relics Protection Law of China (2017 Amendment)
2018-05-05 1242
- Regulation for the Implementation of the Cultural Relics Protection Law of China
- Area of Law: Relics and Literary History
- Revised by:Decision of the State Council to Amend Certain Administrative Regulations (2017)
- Level of Authority: Administrative Regulations
- Date issued:03-01-2017
- Effective Date:03-01-2017
- Status: Revised
- Issuing Authority: State Council
Regulation for the Implementation of the
Cultural Relics Protection Law of China
(Promulgated by the Order No. 377 of the State Council of the People's Republic
of China on May 18, 2003; revised in accordance with the Decision of the State
Council on Amending Some Administrative Regulations on December 7, 2013 for the
first time; and revised in accordance with the Decision of the State Council on
Amending Some Administrative Regulations on February 6, 2016 for the second
time; and revised for the third time in accordance with the Decision of the
State Council to Amend and Repeal Certain Administrative Regulations on March
1, 2017)
Chapter I General Provisions
Article 1 The present Regulation has been formulated in accordance with the
Cultural Relics Protection Law of the People's Republic of China (hereinafter
referred to as Cultural Relics Protection Law).
Article 2 In accordance with the relevant regulations of the State, the
administrative departments of the people's governments at (above) the county
level, the administrative departments for investment and the departments of
finance shall practice joint management on the exclusive subsidies for cultural
relics under the state protection and those for the local cultural relics
protected for cultural and historical value, which shall not be misappropriated
or embezzled by Any entity or individual.
Article 3 All the incomes of the state-owned museums, memorials, and cultural
relics protection entities shall be used for:
1.the preservation, exhibition, restoration and collection;
2.the repair and construction of the state-owned museums, memorial, and
historical and cultural relics protection entities;
3.the safeguard of the cultural relics;
4.archaeological investigation, exploration and excavation;
5.scientific research, publicity, and education about the protection of
cultural relics.
Article 4 The administrative departments for cultural relics and the
administrative departments for education, science and technology, press and
publication, and broadcasting and television shall do a good job in the
publicity and education about the protection of cultural relics.
Article 5 The administrative department for cultural relics of the State
Council and the administrative departments for cultural relics of people's
governments of the provinces, autonomous regions, and the municipalities
directly under the Central Government shall make scientific and technologic
research programs about the protection of cultural relics, take effective
measures, promote the popularization and application of the scientific and
technologic achievements in the area of the protecting cultural relics, and
enhance the scientific and technologic level of the protection of cultural
relics.
Article 6 Any entity or individual who has any of the acts as provided in
Article 12 of the Cultural Relics Protection Law shall be given spiritual
encouragement or material rewards by the people's governments, the
administrative departments for the protection of cultural relics and other
relevant departments.
Chapter II Immovable Cultural Relics
Article 7 The famous historical and cultural cities shall be reported to the
State Council for approval and announcement by the administrative department
for construction of the State Council jointly with the administrative
department for cultural relics of the State Council.
Historical and cultural streets, villages and towns shall be reported to the
people's governments of the provinces, autonomous regions, and the
municipalities directly under the Central Government for approval and
announcement by the administrative departments for urban and rural program of
the people's governments of the same level.
The protection programs for the famous historical and cultural cities,
historical and cultural streets, villages and towns made by the people's
governments at (above) the county level shall satisfy the requirements for the
protection of cultural relics.
Article 8 Within 1 year as of the approval and announcement of a key historical
and cultural site under the state protection, or a provincial-level entity of
relics protection, the people's government of the province, autonomous region,
or the municipality directly under the Central Government shall delimit the
necessary scope of protection, put up signs and notices, establish records and
files, set up special organs or assign full-time personnel to take charge of
the management of this site.
Within 1 year as of the approval and announcement of the cultural relics
protection entity at the level of a districted city, autonomous prefecture, or
county, the people's government that approved and announced the site shall
delimit the scope of protection, put up signs and notices, establish records
and files, set up special organs or assign full-time personnel to take charge
of the management of this site.
Article 9 The protection scope for a cultural relics protection entity refers
to the site itself and the area around it within certain boundaries subject to
protection.
The scope of protection for a cultural relics protection entity shall be
properly delimited in light of its category, scale, content, the history and
reality of its surrounding environment, keep a safe distance from the entity of
cultural relics protection itself, ensure its authenticity and integration.
Article 10 The signs and notices of a cultural relics protection entity shall
include the level, name, announcement organ, announcement date, the organ that
put up the signs and the date, etc. The signs and notices of a cultural relics
protection entity of a minority ethnic group autonomous region shall be written
in standard Chinese Characters and the local popular minority characters.
Article 11 The records and files of a cultural relics protection entity shall
include the records of itself - the scientific and technologic materials,
relevant documents and administrative management.
The records and files of a cultural relics protection entity shall make full
use of written materials, audiovisual products, pictures, rubbings, copies and
electronic texts to reflect effectively the content it carries.
Article 12 The sites of ancient culture, ancient tombs, cave temples, and the
state-owned ancient memorial buildings determined and announced as cultural
relics protection entities shall be administered by the local people's
governments at (above) the county level, or by the specified institutions. The
other cultural relics protection entities shall be managed by the local
people's governments at (above) the county level, or by the specified institutions
with specially assigned personnel to be responsible for the management.
Guardians may be hired to protect the said sites in the latter circumstance.
Where a cultural relics protection entity has any user, the user shall
establish mass protective organizations for the cultural relics; where there is
no user, the local villager's committees or resident's committees may set up
mass protective organizations for cultural relics. The administrative
departments for cultural relics shall guide and support the activities of such
mass protective organizations.
The administrative organs for the cultural relics protection entities shall
establish and perfect rules and regulations, take safety precautions, and the
security guards may be equipped with defense appliances.
Article 13 The construction control area of a cultural relics protection entity
refers to the area, beyond the protective scope of this site, in which the
construction is limited in order to ensure the safety of the site and to
protect the environment, the historical features and style of the site.
The construction control area of a cultural relics protection entity shall be
properly delimited in light of the category, scale, content, and the history
and reality of the surrounding environment of this site.
Article 14 The construction control area of a historical and cultural site
under state protection shall be subject to the approval of the people's
government of the province, autonomous region, or the municipality directly
under the Central Government, shall be delimited and announced by the
administrative departments for cultural relics of the province, autonomous
region, or the municipality directly under the Central Government, jointly with
the administrative departments for urban and rural programs.
The construction control area of a cultural relics protection entity at the
level of province, districted city, autonomous prefecture, or county shall be
subject to the approval of the people's government of the province, autonomous
region, municipality directly under the Central Government, shall be delimited
by the administrative departments for cultural relics of the people's
government that determined and announced the cultural relics protection entity.
Article 15 The entity that undertakes the repair, removal, and restoration of a
cultural relics protection entity shall obtain the relevant level of
Qualification Certificate of Historical Relics Protection Project issued by the
administrative departments for cultural relics and the qualification certificate
issued by the administrative departments for construction of the same level at
the same time. The repair, move and restore of cultural relics protection
entity not involving construction work shall be undertaken by an entity that
has obtained the relevant level of Qualification Certificate of Historical
Relics Protection Project issued by the administrative departments for cultural
relics.
Article 16 An applicant for the Qualification Certificate of Historical Relics
Protection Project shall satisfy the following requirements:
1.It has personnel who have obtained the professional technical titles of
cultural relics and museum;
2.It have the necessary technical equipment to undertake historical relics
protection project; and
3.It shall satisfy the other requirements as provided in the laws and
administration regulations.
Article 17 An application for the Qualification Certificate of Historical
Relics Protection Project shall be filed to the administrative department for
cultural relics of people's government of the province, the autonomous region,
the municipality directly under the Central Government, or of the State
Council. The administrative department for cultural relics of people's
government of the province, the autonomous region, the municipality directly
under the Central Government, or the State council shall make an approval or
disapproval within 30 days as of the acceptance of the application. If the
application is approved, the relevant level of Qualification Certificate of
Historical Relics Protection Project shall be issued; if the application is
disapproved, a written notice shall be sent and explanations shall be given to
the applicant. The administrative department for cultural relics of the State
Council shall create grading rules and measures for examination and approval.
Article 18 Before the administrative departments for cultural relics examines
and approves the repair plans and project design programs of cultural relics
protection entity, they shall consult the opinions of the superior
administrative departments cultural relics.
Article 19 The cases of impairing the safety of the historical and cultural
sites under the state protection, or buildings and fixtures that destroy their
historical features and style, shall be subject to the investigation and
treatment of people's governments of the provinces, autonomous regions,
municipalities directly under the Central Government.
The cases of impairing the safety of the cultural relics protection entities at
the level of province, districted city, autonomous prefecture and county, or
the buildings and fixtures that destroy their historical features and style,
shall be subject to the investigation and treatment of people's governments
that examined and approved the sites.
The buildings and fixtures that imperil the safety of the immovable cultural
relics of the sites yet to be determined as cultural relics protection entities
shall be subject to the investigation and treatment of the people's governments
at the county level.
Chapter III Archaeological Excavation
Article 20 An applicant shall satisfy the following requirements in applying
for engaging in archaeological excavation and the archaeological excavation
qualification certificate:
(1) It has four or more staff members who have received professional
archaeological training and once presided over archaeological excavation
projects;
(2)It has personnel who have obtained the technical titles of cultural relics
and museums;
(3)It has professionals engaged in security of cultural relics;
(4)It has got the essential technical equipment to archaeological excavation;
(5)It has appliances and place to ensure the safety of the cultural relics; and
(6)Other requirements as provided in the laws and administrative regulations.
Article 21 To apply for the archaeological excavation qualification
certificate, an application shall be filed to the administrative department for
cultural relics of the State Council. The administrative departments for
cultural relics of the State Council shall make a decision of approval or
disapproval within 30 working days as of the acceptance of the application. If
the application is approved, the archaeological excavation qualification
certificate shall be issued; if it is disapproved, a written notice and the
reasons shall be given to the applicant.
Article 22 The accountability system that the person in charge of a project is
accountable shall be applied to archaeological excavation projects.
Article 23 The work concerning the archaeological investigation, exploration
and excavation to be carried out in coordination with a construction project
shall be organized and conducted by the administrative department for cultural
relics of the people's government of the relevant province, autonomous region,
or municipality directly under the Central Government. The work with respect to
the archaeological investigation, exploration and excavation involving two or
more provinces, autonomous regions and municipalities directly under the
Central Government shall be jointly organized and conducted by the
administrative departments for cultural relics of the people's governments of
the provinces, autonomous regions and municipalities directly under the Central
Government where the cultural relics are located; and the archaeological
investigation, exploration and excavation within the range of an extremely
important construction work shall be organized and conducted by the
administrative departments for cultural relics of the State Council.
The construction entities shall assist the archaeological investigation,
exploration and excavation to be carried out in coordination with a
construction project, shall not hinder the archaeological investigation,
exploration and excavation.
Article 24 The administrative departments for cultural relics of the State
Council shall make a decision of approval or disapproval within 30 working days
as of the acceptance of the excavation plan as provided in Article 30 (1) of
the Law of the People's Republic of China on the Protection of Cultural Relics.
If it decides to approve, it shall issue an official document of approval; if
it decides to disapprove, it shall give a written notice and the reasons to the
party concerned.
For a rescue excavation as provided in Article 30 (2) the Law of the People's
Republic of China on the Protection of Cultural Relics, the administrative
departments for cultural relics of the province, autonomous region, or the
municipality directly under the Central Government shall go through the
procedures at the administrative department for cultural relics of the State
Council within 10 days as of the day when the excavation starts.
Article 25 The scope and standards of the funds required for the archaeological
investigation, exploration and excavation shall be implemented in accordance
with the relevant regulations of the state.
Article 26 The entity engaged in archaeological excavation shall submit to a
project accomplishment report to both the administrative department for
cultural relics of the people's government of the province, autonomous region,
or municipality directly under the Central Government and the administrative
department for cultural relics of the State Council, and shall submit an
archaeological excavation report both to the administrative department for
cultural relics of the people's government of the relevant province, autonomous
region, or municipality directly under the Central Government and
administrative department for cultural relics of the State Council within 3
years as of the submission date of the project accomplishment report.
Article27 After having submitted an archaeological excavation report, an entity
engaged in archaeological excavation may keep a few excavated cultural relicsas
specimens for scientific research with the approval of the administrative
department for cultural relics of the people's government of the
province,autonomous region, or municipality directly under the Central
Government, and shall transfer the other excavated cultural relics to the
state-owned museums,libraries or other state-owned cultural relics collection
entities specified by the administrative department for cultural relics of the
people's government of the province, autonomous region or municipality directly
under the Central Government within six months as of the submission date of the
excavation report.
Chapter IV The Cultural Relics in the Preservation Entities
Article 28 A cultural relic preservation entity shall establish a system of the
acceptance, appraisal, registration, cataloguing and archives keeping of the
cultural relics collected in the preservation entities, a system of storeroom
management, a system of the storeroom ins and out, cancellation and statistics,
and a system of maintenance, repair and reproduction.
Article 29 An administrative department for cultural relics at county level
shall report the archives of the cultural relics in the preservation entities
within its jurisdiction to the administrative department for cultural relics of
the people's government of the districted city, or autonomous prefectures
according to the relationship of administrative hierarchy, or to the
administrative department for cultural relics of the people's government of the
relevant province, autonomous region, or municipality directly under the Central
Government for archival purposes; the administrative department for cultural
relics of the people's government of the districted city, or autonomous
prefectures shall report the archives of the cultural relics collected in the
preservation entities to the administrative department for cultural relics of
the people's government relevant province, autonomous region, or municipality
directly under the Central Government for archival purposes; the administrative
department for cultural relics of the people's government relevant province,
autonomous region or municipality directly under the Central Government shall
report the archives of the first-grade cultural relics in the preservation
entities within its jurisdiction to the administrative department for cultural
relics of the State Council for archival purposes.
Article 30 Where a cultural relics preservation entity borrows the cultural
relics from another one, the borrower shall take necessary protective measures
to ensure the safety of the cultural relics.
The borrower shall bear the risks of loss and damage to the cultural relics of
another preservation entity except that it is otherwise stipulated by the
parties concerned.
Article 31 Where a state-owned cultural relic preservation entity fails to establish
archives of its cultural relics and report the archives to the administrative
department for cultural relics for archival purposes in accordance with Article
36 of the Law of the People's Republic of China on the Protection of Cultural
Relics shall not exchange and borrow the cultural relics in the preservation
entities.
Article 32 The repair, reproduction and lithograph of the second- and
third-grade cultural relics in the preservation entities shall be reported to
the administrative department for cultural relics of the people's government of
the relevant province, autonomous region, or municipality directly under the
Central Government for examination, and shall be reported to the administrative
department for cultural relics of the State Council for approval after the
examination.
Article 33 An entity engaged in the repair, reproduction and lithograph of the
cultural relics in the preservation entities shall satisfy the following
requirements:
(1)It has person(s) who has obtained the intermediate professional technical
title of cultural relic and museum;
(2)It has got necessary place and technical equipment to undertake the repair,
reproduction and lithograph of the cultural relics in the preservation
entities;
(3)the other requirements as provided in the laws and administrative
regulations.
Article 34 An application shall be filed to the administrative department for
cultural relics of the people's governments of the province, autonomous region,
or municipality directly under the Central Government to engage in the repair,
reproduction and lithograph of the cultural relics in the preservation
entities. The administrative departments for cultural relics of the people's
governments of the province, autonomous region, or municipality directly under
the Central Government shall make a decision of approval or disapproval within
30 days as of the acceptance of the application. If it is approved, the
relevant grade of qualification certificate shall be issued to the applicant;
if it is disapproved, a written notice and the reasons shall be given to the
applicant.
Article 35 For the filming of cultural relics kept in the preservation entities
of cultural relics for the purposes of producing publications or audiovisual
recordings, the consent of the preservation entities shall be obtained, and
filming agreements shall be entered into to specify the measures and
responsibilities for the protection of cultural relics. The preservation
entities of cultural relics shall, within ten working days of the completion of
the filming, file reports on the filming to the administrative departments of
cultural relics.
Article 36 Where a cultural relic in a preservation entity is stolen, robbed,
or lost, the preservation entity shall report the case to the security organs
at once and shall report to the administrative department for cultural relics
at the same time; the administrative department for cultural relics shall
report the relevant information to the administrative department for cultural
relics of the State Council within 24 hours as of the acceptance of the report
of the cultural relic preservation entity.
Article 37 The state organs, the state-owned enterprises and public
institutions that collect and preserve the state-owned cultural relics shall
fulfill the following obligations:
(1)They shall establish an archival system for the preserved cultural relics,
and shall report the archives of the preserved cultural relics to the
administrative department for cultural relics of the province, autonomous
region, or municipality directly under the Central Government for archival
purposes;
(2)It shall establish and perfect the management system for the maintenance and
repair of the preserved cultural relics, shall ensure the safety of the
cultural relics;
(3)Where a preserved cultural relic is stolen, robbed, or lost, it shall be
immediately reported to the security organ, and shall be reported to the
administrative department for cultural relics of the province, autonomous
region, or municipality directly under the Central Government at the same time.
Chapter V The Cultural Relics Preserved in Private Collections
Article 38 Apart from the cultural relic preservation entities, the citizens,
legal persons and other institutions may lawfully collect and preserve cultural
relics, of which the ownership shall be under the protection of the law.
The citizens, legal persons and other institutions that collect and preserve
cultural relics in accordance with the law may ask the administrative
departments for cultural relics to offer advice in the aspects of the
appraisal, repair and preservation of the cultural relics they preserve.
Article 39 To establish a cultural relic store, one shall satisfy the following
requirements:
(1)He shall have a registered capital of 2,000, 000 yuan or more;
(2)He shall have 5 or more persons who have obtained the intermediate or senior
professional technical title of cultural relic and museum;
(3)He shall have the necessary place, appliances and technical conditions to
the preservation of cultural relics; and
(4)He shall meet other requirements as provided in the laws and administrative
regulations.
Article 40 An application for the establishment of a cultural relic store shall
be filed with the administrative department for cultural relics of the
people'sgovernment of the province, autonomous region, or municipality directly
underthe Central Government. The administrative department for cultural relics
ofthe people's government of the province, autonomous region, or municipality
directly under the Central Government shall make a decision of approval or
disapproval within 30 days upon receipt of the application. If the
applicationis approved, an approval document shall be issued; and if the
application is disapproved, a written notice and the reasons shall be given to
the applicant.
Article 41 Where an auction enterprise lawfully established is to engage in the
business activities of cultural relic auction, it shall have 5 or more persons
who have obtained the senior professional technical title of cultural relic
auction, and shall have obtained the cultural relic auction license issued by
the administrative departments of cultural relics of the people's governments
of provinces, autonomous regions, or municipalities directly under the Central
Government.
Article 42 An auction enterprise established in accordance with the law shall
file an application to the administrative departments for cultural relics of
the State Council for the cultural relic auction license. The administrative
departments of cultural relics of the people's governments of provinces,
autonomous regions, or municipalities directly under the Central Government
shall make a decision of approval or disapproval within 30 days as of the
acceptance with the application. If it approves, it shall issue a cultural
relics auction license; if it disapproves, it shall give a written notice and
the reasons to the applicant.
Article 43 Where a cultural relic store purchases or sells a cultural relic, or
where an auction enterprise engaged in the auction of cultural relics auctions
a cultural relic, it shall write down the name, antique catalog, source, the
names, domiciles, numbers of the valid identity cards or of the valid
certificates of the seller and the entrusting party of the cultural relic, and
the transaction price, and report it to the administrative department of
cultural relics of the people's government of the province, autonomous region,
or municipality directly under the Central Government for archival purposes,
and the said administrative department shall keep the secrets to themselves and
shall preserve the records for 75 years.
The administrative departments for cultural relics shall strengthen the
supervision and inspection on the cultural relic stores and the auction
enterprises engaged in auction of cultural relics.
Chapter VI The Entry And Exit of Cultural Relics
Article 44 The cultural relics entry-exit examination institution as designated
by the administrative department of cultural relics of the State Council shall
have five or more cultural relics entry-exit assessment personnel who have
obtained intermediate or senior professional technical title of cultural relics
and museum.
Article 45 In accordance with the law, the exit of cultural relics by convey,
post or carriage shall be reported to the examination organ of the entry-exit
of cultural relics for approval before the exit of cultural relics. The
examination organ of the entry-exit of cultural relics shall make a decision of
approval or disapproval within 15 days as of the acceptance of the application.
Where the examination organ of the entry-exit of cultural relics examines the
cultural relics, there shall have at least 3 technical participants majoring in
cultural relic and museum, among whom 2 or more shall be cultural relics
entry-exit assessment personnel.
The examination conclusion to the cultural relics shall be jointly signed by
the cultural relics entry-exit assessment personnel; the examination organ may
decide to approve the exit of the examined cultural relics only when all the
cultural relics entry-exit assessment personnel reach a consensus on it.
The standards for the examination of the exit of cultural relics shall be
formulated by the administrative departments for cultural relics by the State
Council.
Article 46 The examination organ for the exit of cultural relics shall register
the name, texture, size, level of the cultural relics, the name, domicile, the
number of the valid identity cards or valid certificates or licenses of the
parties concerned, the entry or exit port, the whereabouts and the examination
date etc.
Article 47 The cultural relics permitted to exit shall be issued a Cultural
Relic Exit Permit by the administrative department of cultural relics of the
State Council and shall be given a mark of exit cultural relics by the
examination organ for entry-exit of cultural relics. The cultural relics
permitted to exit upon examination shall exit through the port specified by the
administrative department for cultural relics of the State Council. The customs
shall verify the cultural relic exit mark, and then let it (them) go upon the
strength of the Cultural Relic Exit Permit.
The cultural relics not permitted to exit upon examination shall be returned to
the parties concerned by the examination organ for the entry-exit of cultural
relics.
Article 48 An application for holding an cultural relic exit exhibition shall
be filed to the administrative department for cultural relics of the State
Council by the hosting entity 6 months before the exhibition is held. The
administrative department for cultural relics of the State Council shall decide
to approve or disapprove within 30 working days as of the acceptance of the
application. If it approves, it shall issue an official document of approval;
if it disapproves, it shall give a written notice and the reasons to the
applicant.
Where the number of first-grade cultural relics to be exhibited is more than
120 pieces (sets), or the first-grade cultural relics to be exhibited occupy
more than 20 % of the total, it shall be reported to the State Council for
approval.
Article 49 Unique and fragile first-grade cultural relics are banned from exit
exhibition. The catalog of the cultural relics banned from exit exhibition
shall be announced regularly by the administrative department for the cultural
relics of the State Council.
The cultural relics not formally exhibited at home shall not exit for
exhibition.
Article 50 The cultural relic exit exhibition term shall not be over 1 year.
The term may be extended upon approval of the examination organ under special
circumstances; but the extension shall not be over 1 year.
Article 51 During the term of a cultural relic exit exhibition, if there are
potential risks to the safety of the exhibited cultural relics, the original
examination organ may decide to terminate or cancel the exhibition.
Article 52 The cultural relics entered temporarily shall be sealed by the
customs, and then shall be reported to the examination organ for the entry-exit
of cultural relics for examination and registration by the party concerned.
After having verified the intactness of the customs' seal, the examination
organ for the entry-exit of cultural relics shall attach a mark with clear
indication of temporarily entered cultural relics to each of them, and shall
register and take photographs.
When the cultural relics entered temporarily re-exit, the entry registration,
the photographed records and the temporarily entered cultural relic marks shall
be subject to the verification of the original examination organ for entry-exit
of cultural relics that have examined and registered the cultural relics. If
there is no discrepancy, the cultural relics shall be attached to cultural
relics exit marks and shall be issued a Cultural Relics Exit Permit by the
administrative department for cultural relics of the State Council.
The exit of the temporarily entered cultural relics for which procedures fail
to be handled according to the first item of this paragraph shall be subject to
the procedures for the exit of cultural relics as provided in the present
chapter.
Article 53 Any entity or individual shall not divest, change, misuse or destroy
the cultural relics exit marks and temporarily entered cultural relic marks
without permission.
Chapter VII Legal Liabilities
Article 54 Where any of the relevant departments for public security,
administration of industry and commerce, cultural relics, customs, urban and
rural programming and construction, or any of their functionaries, violates the
present Regulation, abuses the functions of examination and approval, fails to
undertake the duties, or fails to investigate into the illegal acts, the direct
liable personnel in-charge or other direct liable personnel shall be given an
administrative sanction in accordance with the law. If any crime has been
constituted, the offender shall be subject to the criminal responsibilities.
Article 55 Any one who, as in violation of the present Regulation, undertakes
the repair, removal or reconstruction of the cultural relics protection
entities without relevant level of cultural relic protection project
qualification certificate shall be ordered to get right within a specified
period by the administrative department for cultural relics; if it fails to get
right or has caused serious consequences, it shall be imposed a fine of more
than 50,000 yuan but less than 50 yuan; if any crime has been constituted, it
shall be subject to the criminal responsibilities in accordance with the law.
Where any one who, as in violation of the present Regulation, undertakes the
repair, removal or reconstruction of the cultural relics protection entities
without relevant level of qualification certificate issued by the
administrative department for construction, it or he shall be punished by the
administrative department for construction in accordance with the relevant laws
and administrative regulations.
Article 56 Where any one who, as in violation of the present Regulation, is
engaged in the repair, reproduction and lithograph of the cultural relics in
the preservation entities without a qualification certificate shall be ordered
to stop the illegal activities; the illegal income and the special tools and
equipment for the illegal activities shall be confiscated. If he or it has
caused serious consequences, it or he shall be imposed a fine of more than 1,
0000 yuan but less than 10, 0000 yuan. If any crime has been constituted, the
offender shall be subject to criminal responsibilities.
Article 57 The amount of fine as provided in Article 66 (2) of theCultural
Relics Protection Law is less than 200 yuan.
Article 58 Any one who, as in violation of the present Regulation, those
repair, reproduce and lithograph of the valuable cultural relics without
permission shall be given a warning by the administrative departments for
cultural relics. If serious consequences have resulted, he or it shall be
imposed a fine of more than 2000 yuan but less than 20, 000 yuan, and the
direct liable personnel in charge and other direct liable personnel shall be
given an administrative sanction in accordance with the law.
Where a preservation entity of cultural relics fails to file a report on the
filming of cultural relics to the administrative department of cultural relics
within the prescribed time limit in violation of this Regulation, the
administrative department of cultural relics shall order it to take corrective
action within a prescribed time limit; and if no corrective action has been
taken within a prescribed time limit, administrative disciplinary action shall
be taken against the liable executive in charge and other directly liable
persons according to the law.
Article 59 The archaeological excavation entities that fail to submit project
accomplishment report or archaeological excavation report according to the
present Regulation shall be ordered to get right within a specified period by
the administrative departments for cultural relics of the people's governments
the provinces, autonomous regions, or by the administrative department for
cultural relics of the State Council. If they fail to correct within the
specified period, the direct liable persons in charge and other direct liable
persons shall be given an administrative sanction.
Article 60 The archaeological excavation entities that fail to transfer the
cultural relics within the specified period according to the present Regulation
shall be ordered to get right within a specified period by the administrative
departments for cultural relics of the people's governments the provinces,
autonomous regions, or by the administrative department for cultural relics of
the State Council. If they fail to get right within the specified period, or
have caused serious consequences, the direct liable persons in charge and other
direct liable persons shall be given an administrative sanction.
Article 61 Where the term of the exit exhibition cultural relics exceeds, the
exhibitor shall be ordered to get right within a specified period by the
administrative department for cultural relics of the State Council; and the
direct liable persons in charge and other direct liable persons shall be given
an administrative sanction in accordance with the law.
Article 62 In accordance with Article 66 and 73 of theCultural Relics
Protection Law, an entity whose license has been canceled under an
administrative sanction shall go through the registration procedures for
modification or cancellation at the administrative department for industry and
commerce in accordance with the law. If failing to handle the procedures within
the specified term, its license shall be withdrawn by the administrative
department for industry and commerce.
Article 63 Where any of the incomes of public undertakings of the state-owned
museums, memorials and cultural relics protection entities is used for any
other purpose, the direct liable persons in charge and other direct liable
persons shall be given an administrative sanction in accordance with the law.
If any crime has been constituted, the offender shall be subject to criminal responsibilities
in accordance with the law.
Chapter VIII Supplementary Provisions
Article 64 The present Regulation shall be implemented as of July 1, 2003.