中华人民共和国文物保护法（修订） Law of the Peoples Republic of China on Protection of Cultural Relics

plan， the administrative department for cultural relics under the State Council shall consult with research institutes of social sciences， other scientific research institutes and the experts concerned.

　　In cases where the pressing time limit for the completion of the project or the danger of natural damage makes it truly urgent to rescue and excavate the sites of ancient culture or ancient tombs， the administrative department for cultural relics under the people's government of the relevant province， autonomous region， or municipality directly under the Central Government may make arrangements for proceeding with the excavation， while going through the formalities of examination and approval.

　　Article 31 The expenses needed for archaeological investigation， prospecting， or excavation， which have to be carried out because of capital construction or construction for productive purposes， shall be included in the budget of the construction unit for the construction project.

　　Article 32 In the course of construction of a project or agricultural production， all units and individuals that discover cultural relics shall keep the scene intact and immediately report to the local administrative department for cultural relics； after receiving the report， the department shall， except under special circumstances， rush to the scene within 24 hours and put forth its proposals on the handling of the matter within seven days. The administrative department for cultural relics may report to the local people's government； requesting it to inform the public security organ of the matter and to seek its assistance in keeping the scene intact； and where important cultural relics are discovered， the matter shall immediately be reported to the administrative department for cultural relics under the State Council， which shall put forth its proposal on the handling of the matter within 15 days after receiving the report.

　　The cultural relics discovered in such a manner as mentioned in the preceding paragraph belong to the State， and no unit or individual may plunder， privately divide or conceal them.

　　Article 33 Without submitting a report to the administrative department for cultural relics under the State Council for special permission by the State Council， no foreigner or foreign organization may conduct archaeological investigation， prospecting or excavation within the bou

ndaries of the People's Republic of China.

　　Article 34 The results of archaeological investigation， prospecting and excavation shall be reported to the administrative department for cultural relics under the State Council and to the administrative department for cultural relics under the people's government of the relevant province， autonomous region， or municipality directly under the Central Government.

　　Excavated archaeological relics shall be registered， preserved properly and， in accordance with the relevant regulations of the State， turned over for collection to the administrative department for cultural relics under the people's government of the relevant province， autonomous region， or municipality directly under the Central Government or to the State-owned museums， libraries or other State-owned institutions for the collection of cultural relics under the people's government of the relevant province， autonomous region or municipality directly under the Central Government， or under the State Council， institutions engaged in archaeological excavation may retain a small amount of unearthed cultural relics as samples for scientific research.

　　No units or individuals may take excavated archaeological relics into their own possession.

　　Article 35 To meet the need of ensuring the safety of cultural relics， conducting scientific research and making full use of cultural relics， the administrative department for cultural relics under the people's government of the relevant province， autonomous region or municipality directly under the Central Government may， upon approval by the people's government at the corresponding level， transfer and use the cultural relics unearthed within their own administrative areas； and the administrative department for cultural relics under the State Council may， upon approval by the State Council， transfer major cultural relics unearthed anywhere in the country.

　　Chapter IV

　　Cultural Relics in the Collection of Cultural Institutions

　　Article 36 Museums， libraries and other institutions for the collection of cultural relics shall classify the cultural relics in their collection into different grades， compile files for the relics kept by them， establish a strict system of control， and submit them to the competent administrative department for cultural relics for the record.

　　The administrative department for cultural relics under the people's governments at or above the county level shall compile files for the cultural relics in the collection of cultural institution sin their own administrative areas； and the administrative department for cultural relics under the State Council shall compile files for grade-one cultural relics of the State and for the cultural relics in the collection of State-owned cultural institutions under its charge.

　　Article 37 Institutions for the collection of cultural relics may obtain cultural relics by the following means：

　　（1） purchasing；

　　（2） accepting donations；

　　（3） exchanging according to law； or

　　（4） other means as provided for by laws and administrative rules and regulations.

　　Institutions for the collection of State-owned cultural relics may also obtain cultural relics through designation by the administrative department for cultural relics for preserving the relics or through transfer by the department.

　　Article 38 Institutions for the collection of cultural relics shall， in light of the need for protection of cultural relics in their collection and in accordance with the relevant regulations of the State， establish a sound system of control and report it to the competent administrative department for cultural relics for the record. Without approval， no unit or individual may， through transfer， obtain cultural relics in the collection of cultural institutions.

　　Legal representatives of the institutions for the collection

of cultural relics shall be responsible for the safety of the cultural relics in their collection. Before leaving their posts， the legal representatives of the institutions for the collection of State-owned cultural relics shall， on the basis of the files of the cultural relics in the collection of the cultural institutions， go through the formalities of handing over the cultural relics in the collection of the institutions.

　　Article 39 The administrative department for cultural relics under the State Council may transfer the cultural relics in the collection of the State-owned cultural institutions anywhere in the country. The administrative department for cultural relics under the people's government of the relevant province， autonomous region or municipality directly under the Central Government may transfer the cultural relics in the collection of the State-owned cultural institutions， which are under its charge and are located in its administrative area； and where grade-one cultural relics in the collection of State-owned cultural institutions， which are under its charge and are located in its administrative area； and where grade-one cultural relics in the collection of State-owned cultural institutions are transferred， the matter shall be reported to the administrative department for cultural relics under the State Council for the record.

　　State-owned institutions for the collection of cultural relics may apply for transfer of the cultural relics in the collection of State-owned cultural institutions.

　　Article 40 Institutions for the collection of cultural relics shall give full play to the cultural relics in their collection and， through holding exhibitions， conducting scientific research， etc. ， help enhance publicity and education in the splendid history and culture and the revolutionary tradition of the Chinese nation.

　　Where State-owned cultural institutions for the collection of cultural relics， for purposes of holding exhibitions， conducting scientific research， etc. ， need to borrow from each other cultural relics in their collection， the matter shall be reported to the competent administrative department for cultural relics for the record； and where grade-one cultural relics in the collection of cultural institutions are to be borrowed， the matter shall be subject to approval by the administrative department for cultural relics under the State Council.

　　Where institutions for the collection of cultural relics not owned by the State and other institutions， for purposes of holding exhibitions， need to borrow cultural relics in the collection of the State0owned cultural institutions， the matter shall be subject to approval by the competent administrative department for cultural relics； and where grade-one cultural relics in the collection of State-owned cultural institutions are to be borrowed， the matter shall be subject to approval by the administrative department for cultural relics under the State Council.

　　The maximum period of time for the borrowing of cultural relics between the institutions for the collection of cultural relics may not exceed three years.

　　Article 41 Cultural relics in institutions for the collection of State-owned cultural relics that have compiled files of the cultural relics in their collection may be exchanged among such institutions upon approval by the administrative department for

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