中华人民共和国文物保护法 LAW OF THE PEOPLES REPUBLIC OF CHINA ON THE PROTECTION OF CULTURAL RELICS

Any removal or dismantling involving a major site to be protected at the national level shall be referred to the State Council by the people's government of a province， an autonomous region or a municipality directly under the Central Government for decision. The expenses and work force required for the removal or dismantling shall be included in the investment and labour plans of the construction unit.

　　Article 14 The principle of keeping the cultural relics in their original state must be adhered to in the repairs and maintenance at the sites designated as the ones to be protected for their historical and cultural value and in any removal involving these sites， such as sites related to revolutionary history， memorial buildings， ancient tombs， ancient architectural structures， cave temples， stone carvings， etc. （including attachments to the structures）。

　　Article 15 If it is necessary to use a memorial building or an ancient architectural structure owned by the state at a place designated as a site to be protected for its historical and cultural value for purposes other than the establishment of a museum， a cultural relics preservation institute or a tourist site， the local department for cultural administration shall submit a report for approval to the people's government which originally announced the designation of such a site. If it is necessary to use for other purposes a major site to be protected for its historical and cultural value at the national level， the matter shall be agreed to by the people's government of a province， an autonomous region， or a municipality directly under the Central Government and shall be reported to the State Council for approval. The units in charge of these sites as well as specially established organs， such as museums， must strictly abide by the principle of keeping the cultural relics in their original state， and must be responsible for the safety of the buildings and of the affiliated cultural relics， and may not damage， rebuild， extend or dismantle them. Units which use memorial buildings or ancient architectural structures shall be responsible fo

r the maintenance and repair of these buildings or structures.

　　Chapter III Archaeological Excavations

　　Article 16 The procedure of submitting reports for approval must be performed for all archaeological excavations. No unit or individual may conduct excavations without permission. The cultural relics unearthed， except for those to be handed over， as may be necessary to scientific research institutions for the purpose of research， shall be taken care of by units designated by local departments for cultural administration， and no unit or individual may take them into its or his own possession. With a view to ensuring the safety of the cultural relics， conducting scientific research and making full use of cultural relics， the departments for cultural administration of provinces， autonomous regions， and municipalities directly under the Central Government may， when necessary， transfer and use the cultural relics within their respective administrative areas after reporting to and securing the approval of the people's governments of these administrative divisions； the state department for cultural administration may， upon approval by the State Council， transfer and use major cultural relics unearthed anywhere in the country.

　　Article 17 To conduct archaeological excavations for the purpose of scientific research， institutions in charge of cultural relics， institutions for archaeological research and institutions of higher learning in the provinces， autonomous regions， and municipalities directly under the Central Government shall submit their excavation programmes to the state department for cultural administration for joint examination with the Chinese Academy of Social Sciences， and may not proceed with the excavations until they obtain the approval of the state department for cultural administration.

　　Archaeological excavation programmes which have to be carried out at the major sites to be protected for their historical and cultural value at the national level shall be submitted to the state department for cultural administration for joint examination with the Chinese Academy of Social Sciences before they are forwarded to the State Council for approval.

　　Article 18 Before carrying out a large-scale capital construction project， the construction unit shall first conduct investigation or prospecting related to cultural relics， together with the department for cultural administration of province， an autonomous region or a municipality directly under the Central Government， at places where such relics may be buried underground within the area designated for the project. If cultural relics are discovered in the course of investigation and prospecting， measures for handling them should be jointly decided upon by the two parties through consultation. In case of important discoveries， the department for cultural administration of a province， an autonomous region or a municipality directly under the Central Government shall submit timely reports for handling by the state department for cultural administration.

　　While carrying out capital construction or agricultural production， any unit or individual that discovers cultural relics shall immediately report the discoveries to the local department for cultural administration. In case of important discoveries， the local department for cultural administration must submit timely reports for handling by the departments for cultural administration at higher levels.

　　Article 19 With regard to archaeological excavations which have to be carried out along with a construction project， the department for cultural administration of a province， an autonomous region or a municipality directly under the Central Government shall submit an excavation programme based on prospecting to the state department for cultural administration for joint examination with the Chinese Academy of Social Sciences and for approval by the department. Incases w

here the pressing time limit for the completion of the project or the danger of natural damage makes it truly urgent to rescue the sites of ancient culture and ancient tombs， the department for cultural administration of a province， an autonomous region or a municipality directly under the Central Government may organize people to proceed with the excavations while going through the procedures to obtain approval.

　　Article 20 The expenses and workforce needed for the prospecting for cultural relics and archaeological excavations which have to be carried out because of capital construction or construction for productive purposes shall be included in the investment and labour plans of the construction units or reported to planning departments at higher levels for proper arrangement.

　　Article 21 No foreign national or foreign organization may engage in archaeological investigations or excavations within the boundaries of the People's Republic of China without special permission granted by the State Council， on the basis of a report from the state department for cultural administration.

　　Chapter IV Cultural Relics in the Collection of Cultural Institutions

　　Article 22 Museums， libraries and other institutions under ownership by the whole people must classify the cultural relics in their collection by different grades， compile files for the relics kept by themselves， establish a strict system of control and register the relics with the relevant department for cultural administration.

　　Local departments for cultural administration at various levels shall compile files for the cultural relics in the collection of cultural institutions in their respective administrative areas； the state department for cultural administration shall compile files for Grade One cultural relics of the state.

　　Article 23 Sales of cultural relics in the collection of museums， libraries and other institutions under ownership by the whole people shall be prohibited. Transfers and exchanges among these institutions of the cultural relics in their collection must be reported to the departments for cultural administration for the record； transfers and exchanges of Grade One cultural relics in their collection must be approved by the state department for cultural administration. No unit or individual may have cultural relics transferred without approval.

　　Chapter V Cultural Relics in Private Collections

　　Article 24 Cultural relics in private collections may be purchased by units designated by the departments for cultural administration； no other unit or individual may engage in the business of purchasing cultural relics.

　　Article 25 The resale of cultural relics in private collections at a profit shall be strictly forbidden， and so shall be the private sale of such relics to foreigners.

　　Article 26 Banks， smelteries， paper mills and departments for the recovery of old and waste materials shall assume responsibility， jointly with the departments for cultural administration， for sorting out cultural relics from among gold and silver articles and waste materials. The cultural relics thus obtained， except for coins and other kinds of currency of past ages which are needed by research institutes of the banks and which may be kept by the banks， shall be turned over to and placed at the disposal of the departments for cultural administration. The prices of the cultural relics turned over shall be reasonably assessed.

　　Important cultural relics confiscated according to law by public security organs， the Customs and the departments for the administration of industry and commerce shall be turned over to the departments for cultural admin

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