Henan Art and culture art Development Group Co., LTD

Chapter I General rules

第一条 为了加强对文物的保护，继承中华民族优秀的历史文化遗产，促进科学研究工作，进行爱国主义 和革命传统教育，建设社会主义精神文明和物质文明，根据宪法，制定本法。

Article 2 Within the territory of the People's Republic of China, the following cultural relics shall be under state protection:
(1) Sites of ancient culture, ancient tombs, ancient buildings, cave temples, stone carvings and murals of historical, artistic and scientific value;
（二）与重大历史事件、革命运动或者著名人物有关的以及具有重要纪念意义、教育意义或者史料价值的近代现代重要史迹、实物、代表性建筑；
(3) precious works of art and crafts of various eras in history;
(4) important documents and materials of various eras in history, manuscripts and book materials of historical, artistic and scientific value;
(5) representative objects that reflect the social systems, social production, and social life of various eras and ethnic groups in history。
The standards and measures for the identification of cultural relics shall be formulated by the administrative department of cultural relics under The State Council and submitted to The State Council for approval。 Ancient vertebrate fossils and ancient human fossils of scientific value are protected by the state like cultural relics。

Article 3 Immovable cultural relics such as sites of ancient culture, ancient tombs, ancient buildings, grotto temples, stone carvings, murals, important historical sites in modern times and representative buildings，According to their historical, artistic and scientific value，Can be identified as the national key cultural relics protection units，Provincial cultural relics protection units，Cultural relics protection units at the city and county levels。 历史上各时代重要实物、艺术品、文献、手稿、图书资料、代表性实物等可移动文物，分为珍贵文物和一般文物；珍贵文物分为一级文物、二级文物、三级文物。

Article 4 The principle of giving priority to protection, first to rescue, rational utilization and strengthening management shall be carried out in the work of cultural relics。

Article 5 All cultural relics left underground, in the internal waters and in the territorial sea of the People's Republic of China shall be owned by the State。 Sites of ancient culture, ancient tombs and grotto temples are owned by the state。Immovable cultural relics designated for protection by the State, such as memorial buildings, ancient buildings, stone carvings, murals, modern and modern representative buildings, shall be owned by the State, unless otherwise stipulated by the State。 The ownership of state-owned immovable cultural relics shall not be changed by the change of the ownership or use right of the land to which they are attached。
The following movable cultural relics belong to the State:
(1) Cultural relics unearthed in China, except as otherwise stipulated by the State;
(2) cultural relics collected and kept by state-owned cultural relics collection units, other state organs, armed forces, state-owned enterprises and institutions;
(3) cultural relics collected or purchased by the State;
(4) cultural relics donated to the State by citizens, legal persons or other organizations;
(5) Other cultural relics that are owned by the State as stipulated by law。
The ownership of movable cultural relics owned by the State shall not be changed by the termination or change of the unit in which they are kept or collected。 The ownership of state-owned cultural relics shall be protected by law and shall not be infringed。

Article 6 The ownership of commemorative buildings, ancient buildings and ancestral cultural relics owned by collectives and private individuals, as well as other cultural relics acquired according to law, shall be protected by law。Owners of cultural relics must abide by the provisions of state laws and regulations on the protection of cultural relics。

Article 7 All state organs, organizations and individuals shall have the obligation to protect cultural relics according to law。

Article 8 The administrative department for cultural relics under The State Council shall be in charge of the protection of cultural relics throughout the country。

Local people's governments at various levels shall be responsible for the protection of cultural relics within their respective administrative areas。The departments responsible for the protection of cultural relics under the local people's governments at or above the county level shall exercise supervision and administration over the protection of cultural relics within their respective administrative areas。 The relevant administrative departments of the people's governments at or above the county level shall be responsible for the protection of cultural relics within the scope of their respective functions and duties。

Article 9 People's governments at all levels shall attach importance to the protection of cultural relics, correctly handle the relationship between economic construction, social development and the protection of cultural relics, and ensure the safety of cultural relics。 Capital construction and tourism development must abide by the guidelines for the protection of cultural relics, and their activities must not cause damage to cultural relics。 公安机关、工商行政管理部门、海关、城乡建设规划部门和其他有关国家机关，应当依法认真履行所承担的保护文物的职责，维护文物管理秩序。

Article 10 The State shall develop the protection of cultural relics。The people's governments at or above the county level shall incorporate the protection of cultural relics into their plans for national economic and social development at the corresponding level, and the necessary funds shall be included in the financial budgets at the corresponding level。 The state financial appropriation for the protection of cultural relics increases with the growth of fiscal revenue。 The institutional income of state-owned museums, memorial halls, cultural relics protection units, etc. shall be used exclusively for the protection of cultural relics, and no unit or individual may misappropriate or misappropriate it。 The State encourages the establishment of social funds for the protection of cultural relics through donation or other means, which are exclusively used for the protection of cultural relics. No unit or individual may seize or misappropriate such funds。

Article 11 Cultural relics are non-renewable cultural resources。The State shall strengthen publicity and education on the protection of cultural relics, raise the awareness of the whole people on the protection of cultural relics, encourage scientific research on the protection of cultural relics, and raise the level of science and technology in the protection of cultural relics。

Article 12 The State shall give moral encouragement or material rewards to units or individuals who have performed the following deeds:
(1) Conscientiously implementing laws and regulations on the protection of cultural relics and achieving remarkable achievements in the protection of cultural relics;
(2) resolutely fighting against illegal and criminal acts for the protection of cultural relics;
(3) donating important cultural relics collected by individuals to the state or making donations for the cause of cultural relics protection;
(4) Promptly reporting or handing over discovered cultural relics so that they can be protected;
(5) having made significant contributions in archaeological excavations;
(6) having made an important invention or creation or other important contribution to the science and technology of cultural relics protection;
(7) Meritorious service in rescuing cultural relics when they are in danger of being destroyed;
(8) Those who have been engaged in cultural relics work for a long time and have made remarkable achievements。

Chapter II Immovable Cultural Relics

第十三条 国务院文物行政部门在省级、Cultural relics protection units at the city and county levels中，选择具有重大历史、艺术、科学价值的确定为全国重点文物保护单位，或者直接确定为全国重点文物保护单位，报国务院核定公布。 Cultural relics under protection at the provincial level shall be approved and announced by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and submitted to The State Council for the record。 Cultural relics under protection at the city level and at the county level shall be approved and announced by the people's government of the city divided into districts, autonomous prefecture and county level respectively, and submitted to the people's government of the province, autonomous region and municipality directly under the Central Government for the record。 The immovable cultural relics that have not been approved and announced as cultural relics protection units shall be registered and announced by the administrative departments of cultural relics of the people's governments at the county level。

Article 14 Cities with exceptionally rich preserved cultural relics and of great historical value or revolutionary commemorative significance shall be approved and declared as famous historical and cultural cities by The State Council。 保存文物特别丰富并且具有重大历史价值或者革命纪念意义的城镇、街道、村庄，由省、自治区、直辖市人民政府核定公布为历史文化街区、村镇，并报国务院备案。 历史文化名城和历史文化街区、村镇所在地的县级以上地方人民政府应当组织编制专门的历史文化名城和历史文化街区、村镇保护规划，并纳入城市总体规划。 Measures for the protection of famous historical and cultural cities, historical and cultural blocks, villages and towns shall be formulated by The State Council。

第十五条 各级文物保护单位，分别由省、自治区、直辖市人民政府和市、县级人民政府划定必要的保护范围，作出标志说明，建立记录档案，并区别情况分别设置专门机构或者专人负责管理。The scope of protection and the records and archives of key national cultural relics under protection shall be reported to the cultural relics administration department under The State Council for the record by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government。县级以上地方人民政府文物行政部门应当根据不同文物的保护需要，制定文物保护单位和未核定为文物保护单位的不可移动文物的具体保护措施，并公告施行。

第十六条 各级人民政府制定城乡建设规划，应当根据文物保护的需要，事先由城乡建设规划部门会同文物行政部门商定对本行政区域内各级文物保护单位的保护措施，并纳入规划。

Article 17 Units under cultural relics protection may not carry out other construction projects, blasting, drilling, excavation and other operations within the scope of protection。但是，Due to special circumstances, it is necessary to carry out other construction projects or blasting, drilling, excavation or other operations within the scope of protection of cultural relics protection units，The safety of cultural relics protection units must be ensured，It shall be approved by the people's government that has verified and announced the cultural relics protection unit，在批准前应当征得上一级人民政府文物行政部门同意；在全国重点文物保护单位的保护范围内进行其他建设工程或者爆破、钻探、挖掘等作业的，It must be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government，Prior to approval, the consent of the administrative department for cultural relics under The State Council shall be obtained。

第十八条 根据保护文物的实际需要，经省、自治区、直辖市人民政府批准，可以在文物保护单位的周围划出一定的建设控制地带，并予以公布。

在文物保护单位的建设控制地带内进行建设工程，不得破坏文物保护单位的历史风貌；工程设计方案应当根据文物保护单位的级别，经相应的文物行政部门同意后，报城乡建设规划部门批准。

第十九条 在文物保护单位的保护范围和建设控制地带内，不得建设污染文物保护单位及其环境的设施，不得进行可能影响文物保护单位安全及其环境的活动。Existing units under the protection of cultural relics and their environmental facilities that pollute the environment shall be brought under control within a time limit。

Article 20 The site selection of a construction project shall, as far as possible, avoid immovable cultural relics;Where it is impossible to avoid the site due to special circumstances, the site protection of cultural relics shall be implemented as far as possible。 实施原址保护的，建设单位应当事先确定保护措施，根据文物保护单位的级别报相应的文物行政部门批准，并将保护措施列入可行性研究报告或者设计任务书。 无法实施原址保护，必须迁移异地保护或者拆除的，应当报省、自治区、直辖市人民政府批准；迁移或者拆除Provincial cultural relics protection units的，批准前须征得国务院文物行政部门同意。Key cultural relics under national protection may not be dismantled;Where relocation is necessary, it must be reported to The State Council for approval by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government。 The murals, sculptures and architectural components of the state-owned immovable cultural relics dismantled in accordance with the provisions of the preceding paragraph shall be collected by the cultural relics collection units designated by the administrative department for cultural relics。 The expenses for original site protection, relocation and demolition specified in this article shall be included in the construction project budget by the construction unit。

Article 21 The user of state-owned immovable cultural relics shall be responsible for repair and maintenance;Non-state-owned immovable cultural relics shall be repaired and maintained by the owner。非国有不可移动文物有损毁危险，所有人不具备修缮能力的，当地人民政府应当给予帮助；所有人具备修缮能力而拒不依法履行修缮义务的，县级以上人民政府可以给予抢救修缮，所需费用由所有人负担。对文物保护单位进行修缮，应当根据文物保护单位的级别报相应的文物行政部门批准；对未核定为文物保护单位的不可移动文物进行修缮，应当报登记的县级人民政府文物行政部门批准。The repair, relocation and reconstruction of cultural relics protection units shall be undertaken by units that have obtained certificates of qualification for cultural relics protection projects。The repair, maintenance and relocation of immovable cultural relics must abide by the principle of not changing the original state of the cultural relics。

Article 22 Where immovable cultural relics have been completely destroyed, site protection shall be implemented and they may not be rebuilt at their original sites。但是，Because of special circumstances need to be rebuilt in the original site，The administrative department for cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government shall obtain the consent of the administrative department for cultural relics under The State Council，Submit to the people's government of the province, autonomous region or municipality directly under the Central Government for approval;National key cultural relics protection units need to be rebuilt at their original sites，It shall be submitted to The State Council for approval by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government。

Article 23 Memorial buildings or ancient buildings owned by the State that have been approved as cultural relics protection units，In addition to the establishment of museums, custodians or places to visit，If it must be used for other purposes，The administrative department for cultural relics of the people's government that has approved the announcement of the cultural relics protection unit shall obtain the consent of the administrative department for cultural relics at the next higher level，Report to the people's government of the cultural relic protection unit for approval;Key cultural relics under national protection are used for other purposes，It shall be submitted to The State Council for approval by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government。The use for other purposes of immovable cultural relics in the state which have not been approved as cultural relics protection units shall be reported to the administrative department of cultural relics of the people's government at the county level。

Article 24 State-owned immovable cultural relics may not be transferred or mortgaged。A state-owned cultural relic protection unit that establishes a museum, a depository or a place for visiting and sightseeing may not be operated as an enterprise asset。

Article 25 Non-state-owned immovable cultural relics may not be transferred or mortgaged to foreigners。 非国有不可移动文物转让、抵押或者改变用途的，应当根据其级别报相应的文物行政部门备案；由当地人民政府出资帮助修缮的，应当报相应的文物行政部门批准。

第二十六条 使用不可移动文物，必须遵守不改变文物原状的原则，负责保护建筑物及其附属文物的安全，不得损毁、改建、添建或者拆除不可移动文物。 对危害文物保护单位安全、破坏文物保护单位历史风貌的建筑物、构筑物，当地人民政府应当及时调查处理，必要时，对该建筑物、构筑物予以拆迁。

Chapter Three: Archaeological excavation

Article 27 All archaeological excavations must go through the procedures for submission and approval;Units engaged in archaeological excavations shall be subject to the approval of the administrative department for cultural relics under The State Council。 No unit or individual may excavate cultural relics buried underground without permission。

第二十八条 从事考古发掘的单位，为了科学研究进行考古发掘，应当提出发掘计划，报国务院文物行政部门批准；对全国重点文物保护单位的考古发掘计划，应当经国务院文物行政部门审核后报国务院批准。Before approving or examining, the administrative department for cultural relics under The State Council shall seek the opinions of social science research institutions and other scientific research institutions and relevant experts。

第二十九条 进行大型基本建设工程，建设单位应当事先报请省、自治区、直辖市人民政府文物行政部门组织从事考古发掘的单位在工程范围内有可能埋藏文物的地方进行考古调查、勘探。 考古调查、勘探中发现文物的，由省、自治区、直辖市人民政府文物行政部门根据文物保护的要求会同建设单位共同商定保护措施；遇有重要发现的，由省、自治区、直辖市人民政府文物行政部门及时报国务院文物行政部门处理 。

第三十条 需要配合建设工程进行的考古发掘工作，应当由省、自治区、直辖市文物行政部门在勘探工作的基础上提出发掘计划，报国务院文物行政部门批准。Before approval, the administrative department for cultural relics under The State Council shall seek the opinions of social science research institutions and other scientific research institutions and relevant experts。 确因建设工期紧迫或者有自然破坏危险，对古文化遗址、古墓葬急需进行抢救发掘的，由省、自治区、直辖市人民政府文物行政部门组织发掘，并同时补办审批手续。

Article 31 The expenses for archaeological investigations, exploration and excavations necessary for capital construction and production construction shall be included in the construction project budget by the construction unit。

第三十二条 在进行建设工程或者在农业生产中，任何单位或者个人发现文物，应当保护现场，立即报告当地文物行政部门，文物行政部门接到报告后，如无特殊情况，应当在二十四小时内赶赴现场，并在七日内提出处理意见。文物行政部门可以报请当地人民政府通知公安机关协助保护现场；发现重要文物的，应当立即上报国务院文物行政部门，国务院文物行政部门应当在接到报告后十五日内提出处理意见。The cultural relics discovered in accordance with the provisions of the preceding paragraph are owned by the State, and no unit or individual may plunder, privately divide or hide them。

第三十三条 非经国务院文物行政部门报国务院特别许可，任何外国人或者外国团体不得在中华人民共和国境内进行考古调查、勘探、发掘。

Article 34 The results of archaeological investigations, exploration and excavations shall be reported to the department of cultural relics administration under The State Council and the department of cultural relics administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government。考古发掘的文物，应当登记造册，妥善保管，按照国家有关规定移交给由省、自治区、直辖市人民政府文物行政部门或者国务院文物行政部门指定的国有博物馆、图书馆或者其他国有收藏文物的单位收藏。经省、自治区、直辖市人民政府文物行政部门或者国务院文物行政部门批准，从事考古发掘的单位可以保留少量出土文物作为科研标本。No unit or individual may seize cultural relics excavated by archaeology。

Article 35 In accordance with the needs of ensuring the safety of cultural relics, conducting scientific research and giving full play to the role of cultural relics，The administrative department of cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government shall be approved by the people's government at the corresponding level，The unearthed cultural relics within the administrative area may be invoked;The administrative department of cultural relics under The State Council shall be approved by The State Council，Can call the country's important unearthed cultural relics。

Chapter IV Cultural relics collected

第三十六条 博物馆、图书馆和其他文物收藏单位对收藏的文物，必须区分文物等级，设置藏品档案，建立严格的管理制度，并报主管的文物行政部门备案。 县级以上地方人民政府文物行政部门应当分别建立本行政区域内的馆藏文物档案；国务院文物行政部门应当建立国家一级文物藏品档案和其主管的国有文物收藏单位馆藏文物档案。

Article 37 Units collecting cultural relics may acquire cultural relics by the following means:
(1) Purchase;
(2) Accepting donations;
(3) exchange according to law;
(4) Other methods prescribed by laws and administrative regulations。
The state-owned units collecting cultural relics may also acquire cultural relics through safekeeping or transfer designated by the administrative department for cultural relics。

第三十八条 文物收藏单位应当根据馆藏文物的保护需要，按照国家有关规定建立、健全管理制度，并报主管的文物行政部门备案。Without approval, no unit or individual may transfer cultural relics in the collection。 The legal representative of the cultural relics collection unit shall be responsible for the safety of the cultural relics in the collection。When the legal representative of the state-owned cultural relics collection unit leaves office, the transfer procedures of cultural relics in the collection shall be handled in accordance with the archives of cultural relics in the collection。

Article 39 The administrative department for cultural relics under The State Council may transfer cultural relics in the state-owned collection throughout the country。省、自治区、直辖市人民政府文物行政部门可以调拨本行政区域内其主管的国有文物收藏单位馆藏文物；调拨国有馆藏一级文物，应当报国务院文物行政部门备案。 Units collecting state-owned cultural relics may apply for the transfer of cultural relics in state-owned collections。

第四十条 文物收藏单位应当充分发挥馆藏文物的作用，通过举办展览、科学研究等活动，加强对中华民族优秀的历史文化和革命传统的宣传教育。 国有文物收藏单位之间因举办展览、科学研究等需借用馆藏文物的，应当报主管的文物行政部门备案；借用馆藏一级文物，应当经国务院文物行政部门批准。 非国有文物收藏单位和其他单位举办展览需借用国有馆藏文物的，应当报主管的文物行政部门批准；借用国有馆藏一级文物，应当经国务院文物行政部门批准。 The maximum period for borrowing cultural relics between collection units shall not exceed three years。

Article 41 A state-owned cultural relics collection unit that has established archives of cultural relics in its collection，It shall be approved by the administrative department of cultural relics of the people's government of the province, autonomous region or municipality directly under the Central Government，And report to the administrative department of cultural relics under The State Council for the record，The cultural relics in its collection may be exchanged among the state-owned cultural relics collection units;For the exchange of Class I artifacts，It must be approved by the administrative department for cultural relics under The State Council。

Article 42 A state-owned cultural relics collection unit that has not established archives of cultural relics in its collection may not dispose of cultural relics in its collection in accordance with the provisions of Articles 40 and 41 of this Law。

第四十三条 依法调拨、交换、借用国有馆藏文物，取得文物的文物收藏单位可以对提供文物的文物收藏单位给予合理补偿，具体管理办法由国务院文物行政部门制定。 国有文物收藏单位调拨、交换、出借文物所得的补偿费用，必须用于改善文物的收藏条件和收集新的文物，不得挪作他用；任何单位或者个人不得侵占。 Cultural relics transferred, exchanged or borrowed must be kept strictly and must not be lost or damaged。

Article 44 State-owned cultural relics collection units are prohibited from donating, renting or selling cultural relics in their collections to other units or individuals。

Article 45 Measures for the disposal of cultural relics no longer in the collection of state-owned cultural relics shall be formulated separately by The State Council。

Article 46 The restoration of cultural relics in the collection shall not alter their original state;The reproduction, photographing and rubbing of cultural relics in the collection shall not cause damage to the cultural relics in the collection。Specific administrative measures shall be formulated by The State Council。 The provisions of the preceding paragraph shall apply to the restoration, reproduction, photographing and rubbing of unmovable cultural relics。

第四十七条 博物馆、图书馆和其他收藏文物的单位应当按照国家有关规定配备防火、防盗、防自然损坏的设施，确保馆藏文物的安全。

Article 48 Where cultural relics of Grade I in the collection are damaged, they shall be reported to the administrative department of cultural relics under The State Council for verification and handling。其他馆藏文物损毁的，应当报省、自治区、直辖市人民政府文物行政部门核查处理；省、自治区、直辖市人民政府文物行政部门应当将核查处理结果报国务院文物行政部门备案。 Where cultural relics in the collection are stolen, robbed or lost, the cultural relics collection unit shall immediately report to the public security organ and at the same time report to the competent cultural relics administrative department。

Article 49 The functionaries of the administrative departments for cultural relics and the units for collecting state-owned cultural relics may not borrow state-owned cultural relics or illegally occupy state-owned cultural relics。

Chapter V Cultural relics collected by the people

Article 50 Citizens, legal persons and other organizations other than units collecting cultural relics may collect cultural relics obtained through the following means:
(1) inherit or accept gifts according to law;
(2) Purchase from cultural relics stores;
(3) Purchase from auction enterprises engaged in the auction of cultural relics;
(4) Mutual exchange or transfer of cultural relics legally owned by individual citizens;
(5) Other lawful means prescribed by the State。
The cultural relics mentioned in the preceding paragraph collected by citizens, legal persons and other organizations other than the units collecting cultural relics may be circulated according to law。

Article 51 Citizens, legal persons and other organizations may not buy or sell the following cultural relics:
(1) State-owned cultural relics, except those permitted by the State;
(2) Precious cultural relics in non-state-owned collections;
（三）国有不可移动文物中的壁画、雕塑、建筑构件等，但是依法拆除的国有不可移动文物中的壁画、雕塑、建筑构件等不属于本法第二十条第四款规定的应由文物收藏单位收藏的除外；
(4) Cultural relics whose sources do not conform to the provisions of Article 50 of this Law。

第五十二条 国家鼓励文物收藏单位以外的公民、法人和其他组织将其收藏的文物捐赠给国有文物收藏单位或者出借给文物收藏单位展览和研究。 The state-owned cultural relics collection units shall respect and, in accordance with the wishes of the donors, properly collect, keep and display the donated cultural relics。 Cultural relics prohibited from leaving the country by the State may not be transferred, leased or pledged to foreigners。

Article 53 A cultural relics shop shall be established with the approval of the cultural relics administration department under The State Council or the cultural relics administration department of the people's government of a province, autonomous region or municipality directly under the Central Government, and shall administer it according to law。 Cultural relics shops may not engage in cultural relics auction operations, and may not set up auction enterprises engaged in cultural relics auction。

Article 54 Where an auction enterprise established according to law engages in the auction of cultural relics, it shall obtain a license for the auction of cultural relics issued by the administrative department for cultural relics under The State Council。 Auction enterprises engaged in the auction of cultural relics may not engage in the purchase and sale of cultural relics, and may not set up cultural relics shops。

Article 55 No staff member of the administrative department for cultural relics may establish or participate in the establishment of cultural relics shops or auction enterprises engaged in the auction of cultural relics。 Units collecting cultural relics may not establish or participate in the establishment of cultural relics shops or auction enterprises operating cultural relics auctions。 The establishment of Chinese-foreign joint ventures, Chinese-foreign cooperation and wholly foreign-owned cultural relics shops or auction enterprises engaged in cultural relics auction is prohibited。 With the exception of approved cultural relics shops and auction enterprises engaged in the auction of cultural relics, no other units or individuals may engage in the commercial operation of cultural relics。

第五十六条 文物商店销售的文物，在销售前应当经省、自治区、直辖市人民政府文物行政部门审核；对允许销售的，省、自治区、直辖市人民政府文物行政部门应当作出标识。 拍卖企业拍卖的文物，在拍卖前应当经省、自治区、直辖市人民政府文物行政部门审核，And report to the administrative department of cultural relics under The State Council for the record；省、自治区、直辖市人民政府文物行政部门不能确定是否可以拍卖的，应当报国务院文物行政部门审核。

Article 57 The purchase and sale of cultural relics by cultural relics shops and the auction of cultural relics by auction enterprises shall make records in accordance with the relevant provisions of the State and report to the administrative department for cultural relics that originally examined and approved them for the record。 When auctioning cultural relics, where the consignor or buyer requests that his or her identity be kept secret, the administrative department for cultural relics shall keep it confidential;However, except as otherwise provided for by laws and administrative regulations。

Article 58 When examining the cultural relics to be auctioned, the administrative department for cultural relics may designate the state-owned cultural relics collection units to have priority in purchasing the precious cultural relics among them。The purchase price shall be determined by the representative of the cultural relics collection unit and the consignor of the cultural relics through consultation。

第五十九条 银行、冶炼厂、造纸厂以及废旧物资回收单位，应当与当地文物行政部门共同负责拣选掺杂在金银器和废旧物资中的文物。The selected cultural relics shall be handed over to the local administrative department for cultural relics, except that the historical currency necessary for the research of the bank may be retained by the People's Bank。Reasonable compensation shall be given for the handover of selected cultural relics。

Chapter VI Exit and Entry of Cultural Relics

第六十条 国有文物、非国有文物中的珍贵文物和国家规定禁止出境的其他文物，不得出境；但是依照本法规定出境展览或者因特殊需要经国务院批准出境的除外。

Article 61 The exit of cultural relics shall be subject to the examination and approval of the entry and exit of cultural relics designated by the department of cultural relics administration under The State Council。The cultural relics that have been approved for exit shall be issued exit permits by the administrative department for cultural relics under The State Council and shall leave the country at ports designated by the administrative department for cultural relics under The State Council。 Any unit or individual transporting, mailing or carrying cultural relics out of the country shall declare to the Customs;The Customs shall release the cultural relics on the basis of an exit permit。

Article 62 An exit exhibition of cultural relics shall be submitted to the administrative department for cultural relics under The State Council for approval.Where the quantity of Grade I cultural relics exceeds that prescribed by The State Council, it shall be submitted to The State Council for approval。 Isolated and fragile items of Grade I cultural relics shall not be allowed to leave the country for exhibition。 The exit of cultural relics exhibited abroad shall be examined and registered by the entry and exit examination agencies for cultural relics。The Customs shall release the goods on the basis of the approval document issued by the administrative department of cultural relics under The State Council or The State Council。The re-entry of cultural relics exhibited abroad shall be examined and examined by the original entry and exit examination agency。

Article 63 The temporary entry of cultural relics into the country shall be declared to the Customs and submitted to the entry and exit examination agencies for examination and registration。 临时进境的文物复出境，必须经原审核、登记的文物进出境审核机构审核查验；经审核查验无误的，由国务院文物行政部门发给文物出境许可证，海关凭文物出境许可证放行。

Chapter VII Legal liability

Article 64 Whoever, in violation of the provisions of this Law, commits any of the following acts, which constitutes a crime, shall be investigated for criminal responsibility according to law:
(1) robbing and excavating sites of ancient culture or ancient tombs;
(2) Intentionally or negligently damaging or damaging precious cultural relics under state protection;
(3) selling cultural relics in the State-owned collection or giving them to non-state-owned units or individuals without authorization;
(4) selling or giving to foreigners precious cultural relics whose exit is prohibited by the State;
(5) reselling cultural relics whose sale is prohibited by the State for profit;
(6) smuggling cultural relics;
(7) stealing, robbing, privately distributing or illegally occupying state-owned cultural relics;
(8) Other acts obstructing the administration of cultural relics that shall be investigated for criminal responsibility。

Article 65 Whoever, in violation of the provisions of this Law, causes the loss or damage of cultural relics shall bear civil liability according to law。 If a violation of the provisions of this Law constitutes an act against the administration of public security, the public security organ shall give a punishment for the administration of public security according to law。 Whoever violates the provisions of this Law and constitutes an act of smuggling, but does not constitute a crime, shall be punished by the Customs in accordance with the provisions of relevant laws and administrative regulations。

第六十六条 有下列行为之一，Not yet constituted a crime，The administrative department for cultural relics of the people's government at or above the county level shall order it to make corrections，造成严重后果的，处五万元以上五十万元以下的罚款；情节严重的，由原发证机关吊销资质证书：
(1) carrying out construction projects or blasting, drilling, excavating or other operations within the scope of protection of cultural relics protected units without authorization;
（二）在文物保护单位的建设控制地带内进行建设工程，其工程设计方案未经文物行政部门同意、报城乡建设规划部门批准，对文物保护单位的历史风貌造成破坏的；
(3) moving or dismantling immovable cultural relics without authorization;
(4) repairing immovable cultural relics without authorization, significantly changing the original state of cultural relics;
(5) Arbitrarily rebuilding immovable cultural relics that have been completely destroyed at their original sites, thus causing damage to cultural relics;
(6) The construction unit has not obtained the qualification certificate for cultural relics protection projects, and has arbitrarily engaged in the repair, relocation or reconstruction of cultural relics。
刻划、涂污或者损坏文物尚不严重的，或者损毁依照本法第十五条第一款规定设立的文物保护单位标志的，由公安机关或者文物所在单位给予警告，可以并处罚款。

Article 67 Building facilities within the scope of protection of units under cultural relics protection or within construction control zones that pollute units under cultural relics protection and their environment，Or failing to complete the rehabilitation of the existing units of cultural relics under protection and their environmental facilities within the prescribed time limit，The administrative department for environmental protection shall impose penalties in accordance with the provisions of relevant laws and regulations。

第六十八条 有下列行为之一的，The administrative department for cultural relics of the people's government at or above the county level shall order it to make corrections，Confiscation of illegal gains，违法所得一万元以上的，并处违法所得二倍以上五倍以下的罚款；违法所得不足一万元的，And a fine of not less than 5,000 yuan but not more than 20,000 yuan：
(1) transferring or mortgaging state-owned immovable cultural relics, or using state-owned immovable cultural relics as enterprise assets;
(2) transferring or mortgaging non-state-owned immovable cultural relics to foreigners;
(3) changing the uses of state-owned cultural relics under protection without authorization。

Article 69 The layout, environment and historical features of a famous historical and cultural city are seriously damaged，The State Council shall revoke its title of famous historical and cultural city;The layout, environment or historical features of a town, street or village have been seriously damaged，The people's governments of provinces, autonomous regions and municipalities directly under the Central government shall revoke their titles of historical and cultural blocks, towns and villages;The persons in charge and other persons directly responsible shall be given administrative sanctions according to law。

第七十条 有下列行为之一，Not yet constituted a crime，The administrative department for cultural relics of the people's government at or above the county level shall order it to make corrections，可以并处二万元以下的罚款，有违法所得的，Confiscation of illegal gains：
(1) The units collecting cultural relics are not equipped with facilities to prevent fire, theft and natural damage in accordance with the relevant provisions of the State;
(2) The legal representative of the state-owned cultural relics collection unit fails to transfer the cultural relics in accordance with the archives of cultural relics in the collection when he leaves office, or the cultural relics in the collection are inconsistent with the archives of cultural relics in the collection;
(3) donating, renting or selling cultural relics in the State-owned collection to other units or individuals;
(4) disposing of cultural relics in state-owned collections in violation of the provisions of Articles 40, 41 and 45 of this Law;
(5) misappropriating or misappropriating the compensation fees obtained from the transfer, exchange or loan of cultural relics according to law in violation of Article 43 of this Law。

Article 71 Buying and selling cultural relics prohibited by the State or transferring, renting or pledging to foreigners cultural relics prohibited from leaving the country，Not yet constituted a crime，The administrative department for cultural relics of the people's government at or above the county level shall order it to make corrections，Confiscation of illegal gains，The amount of illegal business is more than 10,000 yuan，Shall also be fined not less than two times but not more than five times the amount of illegal business;The amount of illegal business is less than 10,000 yuan，And a fine of not less than 5,000 yuan but not more than 20,000 yuan。

Article 72 Without permission，Auction enterprises that set up cultural relics shops or auction cultural relics without authorization，Or engage in commercial operations of cultural relics without authorization，Not yet constituted a crime，The administrative department for industry and commerce shall stop it according to law，The illegal gains and cultural relics illegally traded shall be confiscated，Illegal business of 50,000 yuan or more，Shall also be fined not less than two times but not more than five times the amount of illegal business;The amount of illegal business is less than 50,000 yuan，And a fine of not less than 20,000 yuan but not more than 100,000 yuan。

Article 73 Under any of the following circumstances，The administrative departments for industry and commerce shall confiscate the illegal gains and cultural relics illegally traded，Illegal business of 50,000 yuan or more，Shall also be fined not less than twice but not more than three times the amount of illegal business;The amount of illegal business is less than 50,000 yuan，Shall also be fined not less than 5,000 yuan but not more than 50,000 yuan;serious，The license shall be revoked by the original issuing authority:
(1) Cultural relics shops engaged in cultural relics auction operations;
(2) An auction enterprise engaged in the auction of cultural relics engaged in the purchase and sale of cultural relics;
(3) Cultural relics sold in cultural relics shops or auctioned by auction enterprises, which have not been examined and approved;
(4) cultural relics collection units engaged in commercial operations of cultural relics。

第七十四条 有下列行为之一，Not yet constituted a crime，由县级以上人民政府文物主管部门会同公安机关追缴文物；情节严重的，处五千元以上五万元以下的罚款：
(1) concealing cultural relics discovered without reporting them or refusing to turn them in;
(2) failing to hand over selected cultural relics in accordance with regulations。

Article 75 Whoever commits any of the following acts shall be ordered to make corrections by the competent department for cultural relics of the people's government at or above the county level:
(1) changing the uses of immovable cultural relics owned by the State that have not been approved as cultural relics under protection and failing to report such changes in accordance with the provisions of this Law;
(2) transferring or mortgaging non-state-owned immovable cultural relics or changing their uses without filing a record in accordance with the provisions of this Law;
(3) The user of state-owned immovable cultural relics refuses to perform the obligation of repair according to law;
(4) An archaeological excavation unit conducts archaeological excavations without approval, or fails to truthfully report the results of archaeological excavations;
(5) Failing to establish archives and management systems for cultural relics in its collection in accordance with the relevant provisions of the State, or failing to record archives and management systems for cultural relics in its collection;
(6) transferring cultural relics in the collection without approval in violation of Article 38 of this Law;
（七）馆藏文物损毁未报文物行政部门核查处理，或者馆藏文物被盗、被抢或者丢失，文物收藏单位未及时向公安机关或者文物行政部门报告的；
(8) Failing to make records of the sale of cultural relics by cultural relics shops or auction enterprises in accordance with the relevant provisions of the State or failing to report the records to the administrative department of cultural relics for the record。

第七十六条 文物行政部门、文物收藏单位、文物商店、经营文物拍卖的拍卖企业的工作人员，有下列行为之一的，依法给予行政处分，情节严重的，依法开除公职或者吊销其从业资格；构成犯罪的，Criminal responsibility shall be investigated according to law：
(1) Personnel of the administrative departments for cultural relics, in violation of the provisions of this Law, abuse the authority of examination and approval, fail to perform their duties, or fail to investigate and handle illegal acts upon discovery, resulting in serious consequences;
(2) personnel of the administrative department for cultural relics and the state-owned cultural relics collection unit borrowing or illegally occupying state-owned cultural relics;
(3) staff members of the administrative departments for cultural relics running or participating in the running of cultural relics stores or auction enterprises operating cultural relics auctions;
(4) causing damage to or loss of cultural relic protection units or precious cultural relics due to irresponsibility;
(5) embezzling or misappropriating funds for the protection of cultural relics。
前款被开除公职或者被吊销从业资格的人员，自被开除公职或者被吊销从业资格之日起十年内不得担任文物管理人员或者从事文物经营活动。

第七十七条 有本法第六十六条、第六十八条、第七十条、第七十一条、第七十四条、第七十五条规定所列行为之一的，负有责任的主管人员和其他直接责任人员是国家工作人员的，依法给予行政处分。

Article 78 Public security organs, administrative departments for industry and commerce, customs, urban and rural development planning departments and other state organs，Abuse of power, dereliction of duty, favoritism and malpractice in violation of the provisions of this Law，Causing damage to or loss of precious cultural relics under state protection，The persons in charge and other persons directly responsible shall be given administrative sanctions according to law;criminal，Criminal responsibility shall be investigated according to law。

第七十九条 人民法院、人民检察院、公安机关、海关和工商行政管理部门依法没收的文物应当登记造册，妥善保管，结案后无偿移交文物行政部门，由文物行政部门指定的国有文物收藏单位收藏。

Chapter VIII Supplementary Provisions

Article 80 This Law shall come into force on the date of promulgation。