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
(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.