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

cultural relics under the people's government of the relevant province， autonomous region or municipality directly under the Central Government， and the matter shall be reported to the administrative department for cultural relics under the State Council for the record； and where grade-one cultural relics in their collection are to be exchanged， the matter shall be subject to approval by the administrative department for cultural relics under the State Council.

　　Article 42 No institutions for the collection of State-owned cultural relic

s that have not compiled files of the cultural relics in their collection may handle the cultural relics in their collection in accordance with the provisions in Articles 40 and 41 of this Law.

　　Article 43 The institution for the collection of the cultural relics that obtains cultural relics through lawful transfer， exchange or borrowing of the cultural relics in the collection of State-owned cultural institutions may give a reasonable sum of compensation to the institution for the collection of cultural relics that provides it whit the cultural relics. The specific administrative measures in this respect shall be formulated by the administrative department for cultural relics under the State Council.

　　The amount of compensation gained by the institutions for the collection of State-owned cultural relics from the transfer， exchange or lending of cultural relics shall be used for the improvement of the conditions for the collection of cultural relics or for the collection of new cultural relics， but not for other purposes； and no unit or individual may take it into its/his own possession.

　　The cultural relics transferred， exchanged or borrowed shall be kept in good care， and none of then may be lost or damaged.

　　Article 44 No institutions for the collection of State-owned cultural relics may donate， lease or sell the cultural relics in their collection to other units or individuals.

　　Article 45 Measures for disposition of the cultural relics which institutions for the collection of the State-owned cultural relics no longer keep shall be formulated separately by the State Council.

　　Article 46 No repairs of cultural relics in the collection of cultural institutions may change their original state； and when duplicating， taking photos or making rubbings of cultural relics in the collection of cultural institutions， on shall take care not to damage the cultural relics. Specific administrative measures in this respect shall be formulated by the State Council.

　　The provisions of the preceding paragraph shall be applicable to repairs， duplication， photo-taking and rubbing of all-in-one cultural relics of immovable cultural relics.

　　Article 47 Museums， libraries and other institutions for the collection of cultural relics shall， in accordance with the relevant regulations of the State， be installed with facilities against fire， robbery and natural damages so as to ensure safety of the cultural relics in their collection.

　　Article 48 Where grade-one cultural relics in the collection of cultural institutions are damaged， the matter shall be reported to the administrative department for cultural relics under the State Council for examination， verification and handling. Where other cultural relics in the collection of cultural institutions are damaged， the matter shall be reported 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 for examination， verification and handling； and the said department under the relevant people's government shall submit the results of such examination， verification and handling to the administrative department for cultural relics under the State Council for the record.

　　Where cultural relics in the collection of a cultural institution are stolen， robbed or missing， the institution hall immediately report the case to a public security organ and at the same time to the competent administrative department for cultural relics.

　　Article 49 No workers of the administrative department for cultural relics and the institution for the collection of State-owned cultural relics may borrow State-owned cultural relics or illegally take them into their own possession.

　　Chapter V

　　Cultural Relics in People's Collection

　　Article 50 Citizens， legal persons and other organization

s， except institutions for the collection of cultural relics， may collect cultural relics obtained through the following channels：

　　（1） lawfully inheriting or accepting as gifts；

　　（2） purchasing from cultural relics stores；

　　（3） purchasing from auction enterprises engaged in auction of cultural relics；

　　（4） mutually exchanging or transferring in accordance with law the cultural relics lawfully owned by individual citizens； or

　　（5） other lawful channels prescribed by the State.

　　Cultural relics， as specified in the preceding paragraph， which are in the collection of citizens， legal persons and other organizations， except the institutions for the collection of cultural relics， may be circulated according to law.

　　Article 51 No citizens， legal persons or other organizations may purchase or sell the following cultural relics：

　　（1） state-owned cultural relics， except ones with the approval of the State；

　　（2） valuable cultural relics in the collection of the cultural institutions not owned by the State；

　　（3） such of the State-owned irremovable cultural relics as murals， carvings and components of buildings， except such of the State-owned irremovable cultural relics as murals， carvings and components of buildings that are dismantled according to law but are not collected by the institutions for the collection of cultural relics and therefore are not governed by the provisions in the fourth paragraph of Article 20 in this Law； or

　　（4） cultural relics not obtained through the channels provided for in Article 50 of this Law.

　　Article 52 The State encourages citizens， legal persons and other organizations， except the institutions for the collection of cultural relics， to donate the cultural relics in their collection to the institutions for the collection of State-owned cultural relics or to lend them to institutions for the collection of cultural relics for exhibition and research.

　　Institutions for the collection of State-owned cultural relics shall honor and comply with the wishes of donors and keep the donated relics in proper collection and make appropriate display of them.

　　No cultural relics that the State prohibits from leaving the country may be transferred， leased or pledged to foreigners.

　　Article 53 The establishment of cultural relics stores shall be subject to approval by the administrative department for cultural relics under the State Council or by the administrative department for cultural relics under the people's government of the relevant province， autonomous region or municipality directly under the Central Government， and the stores shall be administered according to law.

　　No cultural relics stores may engage in auction of cultural relics or set up auction enterprises for the purpose.

　　Article 54 Auction enterprises established according to law for the auction of cultural relics are required to obtain license for auction of cultural relics issued by the administrative department for cultural relics under the State Council.

　　No auction enterprises engaged in auction of cultural relics may conduct business activities of purchasing or selling cultural relics or set up cultural relics stores.

　　Article 55 No workers of the administrative department for cultural relics may establish or participate in the establishment of cultural relics stores or auction enterprises engaged in auction of cultural relics.

　　No institutions for the collection of cultural relics may establish or participate in the establishment of cultural relics stores or auction enterprises engaged in auction of cultural relics.

　　The establishment of cultural relics stores or auction enterprises engaged in auction of cultural relics in the form of Chinese-foreign equity joint venture， Chinese-foreign contractual joint venture or wholly foreign-owned venture is prohibited.

　　Except for cultural relics stores and auction enterprises engaged in auction of cultural relics that have obtained approval， no other units or individuals may engage in business activities relating to cultural relics.

　　Article 56 Cultural relics to be sold by cultural relics stores shall， prior to their sale， be examined and verified by the administrative department for cultural relics under the people's government of the relevant province， autonomous region or municipality directly under the Central Government； and the ones approved for sale shall be marked by the said administrative department.

　　Cultural relics for auction by auction enterprises shall， prior to their auction， be examined and verified by the administrative department for cultural relics under the people's government of the relevant province， autonomous region or municipality directly under the Central Government， and the matter shall be reported to the administrative department for cultural relics under the State Council for the record； and where the said administrative department cannot determine whether the relics in question may be auctioned， it shall submit the relics to the administrative department for cultural relics under the State Council for examination

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