中华人民共和国文物保护法实施细则 RULES FOR THE IMPLEMENTATION OF THE LAW OF THE PEOPLES REPUBLIC OF CHINA ON THE PRO

of cultural relics， and shall set up files for the cultural relics according to the relevant regulations of the State and take care of the cultural relics according to their categories and grades.

　　Article 28 Where the collect

ion units of cultural relics under ownership by the whole people are to reproduce or restore any collected Grade One cultural relics， they shall report to the State Bureau of Cultural Relics for approval.

　　Article 29 The administrative departments for cultural relics at higher levels may allocate， transfer or borrow the cultural relics controlled by the administrative departments for cultural relics at lower levels. The collection units of cultural relics under ownership by the whole people may exchange or borrow their collected cultural relics among them， with the approval of the relevant administrative departments for cultural relics.

　　The allocation， transfer， exchange and borrowing of Grade One cultural relics shall be submitted to the State Bureau of Cultural Relics for approval.

　　The allocation， transfer， exchange and borrowing of Grades Two and Three cultural relics and ordinary cultural relics shall be submitted to the administrative departments for cultural relics of the people's governments of provinces， autonomous regions and municipalities directly under the Central Government for approval.

　　Chapter V Cultural Relics in Private Collections

　　Article 30 Cultural relics in citizens' private collections may be registered with the administrative departments for cultural relics. The administrative department for cultural relics and their staff members shall keep the cultural relics registered by the citizen secret.

　　Article 31 Citizens may ask the administrative department for cultural relics for technological advice and help concerning the expertise， preservation and restoration of cultural relics in their private collections.

　　Article 32 Cultural relics in private collections may be sold to collection units of cultural relics or purchasing units of cultural relics under ownership by the whole people designated by the State Bureau of Cultural Relics or by the administrative departments for cultural relics of the people's governments of provinces， autonomous regions and municipalities directly under the Central Government.

　　The State encourages citizens to contribute their cultural relics in private collections to collection units of cultural relics under ownership by the whole people.

　　Article 33 The business of purchase and sale of cultural relics to be conducted by cultural relics marketing units shall be approved by the State Bureau of Cultural Relics or the administrative departments for cultural relics of the people's governments of provinces， autonomous regions and municipalities directly under the Central Government and be registered with the administrative departments for industry and commerce. The business of cultural relics sales to foreigners shall be transacted with approval of the State Bureau of Cultural Relics.

　　Article 34 The cultural relics marketing units shall record their business activities for eventual check and examination.

　　The valuable cultural relics purchased or preserved by cultural relics marketing units shall be reported to the administrative departments for cultural relics which have approved the cultural relics marketing business of such units for the record. Those belonging to Grade One cultural relics shall be reported to the State Bureau of Cultural Relics for the record.

　　The cultural relics to be sold by cultural relics marketing units shall be subjected to expertise in accordance with the relevant regulations of the State before the sale.

　　Article 35 Banks， smelteries， papermills and units for the recovery of old and waste materials， in sorting out cultural relics， shall receive the guidance of the administrative departments for cultural relics and shall well preserve the cultural relics sorted out and turn them over to the administrative departments for cultural relics as soon as possible.

　　Article 36 The prices of the cultural relics turned over to the admi

nistrative departments for cultural relics shall be reasonably assessed on the basis of the expenses paid by banks， smelteries， papermills or units for the recovery of old and waste materials on purchasing the said cultural relics plus a certain proportion of expenses for sorting them out. If the administrative departments for cultural relics which are to accept the turned over cultural relics have difficulty in paying the needed sum， the problem shall be solved by the administrative departments for cultural relics at higher levels.

　　Article 37 Cultural relics which are confiscated and recovered according to law by public security organs， administrative departments for industry and commerce and customs establishments in dealing with law breaking or criminal activities， shall be turned over to administrative departments for cultural relics as soon as possible after the settlement of the cases according to the relevant regulations. The measures for turning over shall be formulated by the State Bureau of Cultural Relics in conjunction with the departments concerned.

　　Article 38 Cultural relics turned over shall be subjected to expertise by the administrative departments for cultural relics. Grade One cultural relics shall be reported to the State Bureau of Cultural Relics for the record by the administrative departments for cultural relics of the people's governments of provinces， autonomous regions and municipalities directly under the Central Government.

　　Article 39 The State Bureau of Cultural Relics or the administrative departments for cultural relics of the people's governments of provinces， autonomous regions and municipalities directly under the Central Government shall， in accordance with the needs of the protection for cultural relics， designate qualified collection units of cultural relics under ownership by the whole people to store up the turned over cultural relics.

　　Banks that intend to keep sorted out coins and other kinds of currency of past ages for scientific research shall ask for agreement from the State Bureau of Cultural Relics or the administrative departments for cultural relics of the people's governments of provinces， autonomous regions and municipalities directly under the Central Government.

　　Chapter VI Taking Cultural Relics out of China

　　Article 40 Cultural relics to be taken out of the country shall be subjected to expertise by the administrative departments for cultural relics of the people's governments of provinces， autonomous regions and municipalities directly under the Central Government designated by the State Bureau of Cultural Relics. The expertizing standards for cultural relics leaving the country shall be formulated by the State Bureau of Cultural Relics.

　　Article 41 For those cultural relics that are permitted to be taken out of the country after expertise， certificates for such permit shall be granted by the expertizing departments. The Customs shall verify and release the cultural relics against the permit certificates and according to the relevant regulations of the State.

　　Article 42 Cultural relics in private collections to be taken out of the country by individuals which， after expertise， are not permitted to be taken out， shall be registered and then returned or purchased by the administrative departments for cultural relics or even requisitioned through purchase if necessary.

　　Article 43 The exhibition of cultural relics abroad and the export of cultural relics shall be uniformly administered by the State Bureau of Cultural Relics. The concrete measures shall be formulated by the State Bureau of Cultural Relics in conjunction with the departments concerned.

　　Chapter VII Awards and Penalties

　　Article 44 The people's governments， the administrative departments for cultural relics or the departments concerned shall give awards to units or individuals for any of the deeds listed in Ar

ticle 29 of the Law on Protection of Cultural Relics.

　　Article 45 Fines listed in Article 30 of the Law on Protection of Cultural Relics shall be enforced according to the seriousness of the cases in the following amounts：

　　（1） The amount of fine for any of the acts listed in Items （1）， （2） and （4） shall be no more than 200 yuan （RMB）；

　　（2） The amount of fine for the acts listed in Item （3） shall be one percent of the cost of the building and the structure， but not exceed 20，000 yuan （RMB） at most；

　　（3） The amount of fine for any of the acts listed in Items （5）， （6） and （7） shall be no more than 20，000 yuan （RMB）；

　　（4） The amount of fine for the acts listed in Item （8） shall be two to five times as much as the illegal earnings.

　　Article 46 The staff members of the administrative departments for cultural relics may send any person who has committed one of the acts listed in Items （3）， （4） and （5） of Article 30 of the Law on Protection of Cultural Relics to the administrative department concerned for handling.

　　Article 47 Where parties concerned are dissatisfied with the concrete administrative measures which are taken according to the Law on Protection of Cultural Relics and these Rules for the Implementation， they may first apply For reconsideration according to the provisions specified in the Regulations on Administrative Reconsideration； where dissatisfied with the reconsideration decision， the parties may bring in a lawsuit according to the provisions specified in the Law for Administrative Litigation.

　　If

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