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Chapter I General rules

Article 1 This Law is enacted in accordance with the Constitution with a view to strengthening the protection of cultural relics, inheriting the excellent historical and cultural heritage of the Chinese nation, promoting scientific research, conducting education in patriotism and revolutionary tradition, and building socialist spiritual and material progress。

Article 2 Within the territory of the People's Republic of China, the following cultural relics shall be under state protection:
（一）具有历史、艺术、科学价值的古文化遗址、古墓葬、古建筑、石窟寺和石刻、壁画；
(2) Important historical sites, objects and representative buildings of modern and modern times that are related to major historical events, revolutionary movements or famous figures and have important commemorative significance, educational significance or historical data value;
(3) precious works of art and crafts of various eras in history;
（四）历史上各时代重要的文献资料以及具有历史、艺术、科学价值的手稿和图书资料等；
（五）反映历史上各时代、各民族社会制度、社会生产、社会生活的代表性实物。
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。

第三条 古文化遗址、古墓葬、古建筑、石窟寺、石刻、壁画、近代现代重要史迹和代表性建筑等不可移动文物，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。 Movable cultural relics, such as important objects, works of art, documents, manuscripts, books and materials, representative objects, etc. in various periods of history, are divided into precious cultural relics and general cultural relics;Precious cultural relics are divided into first-class cultural relics, second-class cultural relics and third-class cultural relics。

第四条 文物工作贯彻保护为主、抢救第一、合理利用、加强管理的方针。

第五条 中华人民共和国境内地下、内水和领海中遗存的一切文物，属于国家所有。 Sites of ancient culture, ancient tombs and grotto temples are owned by the state。国家指定保护的纪念建筑物、古建筑、石刻、壁画、近代现代代表性建筑等不可移动文物，除国家另有规定的以外，属于国家所有。 国有不可移动文物的所有权不因其所依附的土地所有权或者使用权的改变而改变。
The following movable cultural relics belong to the State:
(1) Cultural relics unearthed in China, except as otherwise stipulated by the State;
（二）国有文物收藏单位以及其他国家机关、部队和国有企业、事业组织等收藏、保管的文物；
(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。
属于国家所有的可移动文物的所有权不因其保管、收藏单位的终止或者变更而改变。 The ownership of state-owned cultural relics shall be protected by law and shall not be infringed。

第六条 属于集体所有和私人所有的纪念建筑物、古建筑和祖传文物以及依法取得的其他文物，其所有权受法律保护。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。县级以上地方人民政府承担文物保护工作的部门对本行政区域内的文物保护实施监督管理。 县级以上人民政府有关行政部门在各自的职责范围内，负责有关的文物保护工作。

第九条 各级人民政府应当重视文物保护，正确处理经济建设、社会发展与文物保护的关系，确保文物安全。 基本建设、旅游发展必须遵守文物保护工作的方针，其活动不得对文物造成损害。 Public security organs, administrative departments for industry and commerce, customs, urban and rural development planning departments and other relevant state organs shall conscientiously perform their duties for the protection of cultural relics according to law and maintain the order of cultural relics administration。

Article 10 The State shall develop the protection of cultural relics。县级以上人民政府应当将文物保护事业纳入本级国民经济和社会发展规划，所需经费列入本级财政预算。 The state financial appropriation for the protection of cultural relics increases with the growth of fiscal revenue。 国有博物馆、纪念馆、文物保护单位等的事业性收入，专门用于文物保护，任何单位或者个人不得侵占、挪用。 国家鼓励通过捐赠等方式设立文物保护社会基金，专门用于文物保护，任何单位或者个人不得侵占、挪用。

Article 11 Cultural relics are non-renewable cultural resources。国家加强文物保护的宣传教育，增强全民文物保护的意识，鼓励文物保护的科学研究，提高文物保护的科学技术水平。

第十二条 有下列事迹的单位或者个人，由国家给予精神鼓励或者物质奖励：
(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;
（三）将个人收藏的重要文物捐献给国家或者为文物保护事业作出捐赠的；
(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

Article 13 The administrative department for cultural relics under The State Council shall, from the cultural relics protection units at the provincial, city or county levels, select them of great historical, artistic or scientific value as key cultural relics protection units of the State, or directly designate them as key cultural relics protection units of The State Council for approval and announcement。 Provincial cultural relics protection units，由省、自治区、直辖市人民政府核定公布，并报国务院备案。 市级和县级文物保护单位，分别由设区的市、自治州和县级人民政府核定公布，并报省、自治区、直辖市人民政府备案。 尚未核定公布为文物保护单位的不可移动文物，由县级人民政府文物行政部门予以登记并公布。

第十四条 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市，由国务院核定公布为历史文化名城。 Towns, streets and villages with particularly rich cultural relics and of great historical value or revolutionary commemorative significance shall be approved and declared as historical and cultural blocks, towns and villages by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported to The State Council for the record。 The local people's governments at or above the county level where the famous historical and cultural cities, historical and cultural blocks, villages and towns are located shall organize the compilation of special protection plans for the famous historical and cultural cities, historical and cultural blocks, villages and towns, and incorporate them into the overall urban planning。 Measures for the protection of famous historical and cultural cities, historical and cultural blocks, villages and towns shall be formulated by The State Council。

Article 15 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the people's governments of cities and counties shall delimit the necessary scope of protection for cultural relics protection units at various levels, make signs and descriptions, set up records and archives, and, depending on the circumstances, set up special agencies or specially-assigned persons to be responsible for their management。全国重点文物保护单位的保护范围和记录档案，由省、自治区、直辖市人民政府文物行政部门报国务院文物行政部门备案。The administrative departments for cultural relics of the local people's governments at or above the county level shall, in the light of the protection needs of different cultural relics, formulate specific measures for the protection of cultural relics under protection and immovable cultural relics that have not been approved as such, and announce them for implementation。

Article 16 In formulating plans for urban and rural construction, the people's governments at various levels shall, in accordance with the needs of cultural relics protection, in advance, the planning departments for urban and rural construction and the administrative departments for cultural relics shall agree on the protection measures for cultural relics protection units at various levels within their respective administrative areas, and incorporate them into the plans。

第十七条 文物保护单位的保护范围内不得进行其他建设工程或者爆破、钻探、挖掘等作业。但是，因特殊情况需要在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，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，The consent of the administrative department for cultural relics of the people's government at the next higher level shall be obtained before approval;Carrying out other construction projects or blasting, drilling, excavation and other operations within the scope of the protection of key cultural relics protection units throughout the country，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。

Article 18 In accordance with the actual needs for the protection of cultural relics and with the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, certain construction control zones may be designated around cultural relics protection units and announced。

Construction projects carried out within the construction control zones of cultural relics protection units shall not damage the historical features of such units;The project design plan shall be submitted to the urban and rural construction planning department for approval after being approved by the corresponding cultural relics administrative department according to the level of the cultural relics protection unit。

Article 19 Within the scope of protection and construction control zones of units under the protection of cultural relics, no facilities shall be built that pollute units under the protection of cultural relics and their environment, and no activities may be carried out that may affect the safety of units under the protection of cultural relics and their environment。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。

第二十条 建设工程选址，应当尽可能避开不可移动文物；因特殊情况不能避开的，对文物保护单位应当尽可能实施原址保护。 For the implementation of in-situ protection, the construction unit shall determine the protection measures in advance, submit them to the corresponding cultural relics administrative department for approval according to the level of the cultural relics protection unit, and include the protection measures in the feasibility study report or design assignment。 Where it is impossible to carry out in-situ protection and it is necessary to relocate to other places for protection or dismantle, it shall be submitted to the people's government of the province, autonomous region or municipality directly under the Central Government for approval;Prior to approval, the administrative department for cultural relics under The State Council shall be required to obtain the consent of the relocation or demolition of a provincial cultural relics protection unit。全国重点文物保护单位不得拆除；需要迁移的，须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。 依照前款规定拆除的国有不可移动文物中具有收藏价值的壁画、雕塑、建筑构件等，由文物行政部门指定的文物 收藏单位收藏。 本条规定的原址保护、迁移、拆除所需费用，由建设单位列入建设工程预算。

第二十一条 国有不可移动文物由使用人负责修缮、保养；非国有不可移动文物由所有人负责修缮、保养。Where non-state-owned immovable cultural relics are in danger of being damaged and the owner is unable to repair them, the local people's government shall provide assistance;If the owner has the ability to repair and refuses to perform the repair obligation according to law, the people's government at or above the county level may provide rescue and repair, and the necessary expenses shall be borne by the owner。Repairs to units under cultural relics protection shall be submitted to the corresponding administrative departments for cultural relics for approval according to the level of the units under cultural relics protection.Repairs of immovable cultural relics that have not been approved as cultural relics protection units shall be submitted to the administrative department of cultural relics of the people's government at the county level for approval。文物保护单位的修缮、迁移、重建，由取得文物保护工程资质证书的单位承担。对不可移动文物进行修缮、保养、迁移，必须遵守不改变文物原状的原则。

第二十二条 不可移动文物已经全部毁坏的，应当实施遗址保护，不得在原址重建。但是，Because of special circumstances need to be rebuilt in the original site，由省、自治区、直辖市人民政府文物行政部门征得国务院文物行政部门同意后，报省、自治区、直辖市人民政府批准；全国重点文物保护单位需要在原址重建的，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。

第二十三条 核定为文物保护单位的属于国家所有的纪念建筑物或者古建筑，In addition to the establishment of museums, custodians or places to visit，If it must be used for other purposes，应当经核定公布该文物保护单位的人民政府文物行政部门征得上一级文物行政部门同意后，报核定公布该文物保护单位的人民政府批准；全国重点文物保护单位作其他用途的，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。国有未核定为文物保护单位的不可移动文物作其他用途的，应当报告县级人民政府文物行政部门。

Article 24 State-owned immovable cultural relics may not be transferred or mortgaged。建立博物馆、保管所或者辟为参观游览场所的国有文物保护单位，不得作为企业资产经营。

Article 25 Non-state-owned immovable cultural relics may not be transferred or mortgaged to foreigners。 The transfer, mortgage or change of use of non-state-owned immovable cultural relics shall be reported to the corresponding cultural relics administrative departments for the record according to their levels;If the local people's government funds to help repair, it shall be submitted to the corresponding administrative department for cultural relics for approval。

Article 26 In using immovable cultural relics, one must abide by the principle of not altering the original state of the cultural relics, be responsible for protecting the safety of the building and its attached cultural relics, and may not damage, alter, add to or remove immovable cultural relics。 The local people's government shall promptly investigate and dispose of any building or structure that endangers the safety of the units under the protection of cultural relics or damages the historical features of the units under the protection of cultural relics and, when necessary, remove and remove the building or structure。

Chapter Three: Archaeological excavation

第二十七条 一切考古发掘工作，必须履行报批手续；从事考古发掘的单位，应当经国务院文物行政部门批准。 No unit or individual may excavate cultural relics buried underground without permission。

Article 28 Units engaged in archaeological excavations for the purpose of scientific research shall put forward excavation plans and submit them to the administrative department for cultural relics under The State Council for approval;The archaeological excavation plans of key national cultural relics protection units shall be submitted to The State Council for approval after examination and verification by the cultural relics administration department under The State Council。国务院文物行政部门在批准或者审核前，应当征求社会科学研究机构及其他科研机构和有关专家的意见。

Article 29 In undertaking a large capital construction project, the construction unit shall report in advance to the administrative department for cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government to organize units engaged in archaeological excavations to carry out archaeological investigations and exploration in places where cultural relics may be buried within the scope of the project。 Where cultural relics are discovered during archaeological investigation or exploration, the administrative department for cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government shall, in accordance with the requirements for the protection of cultural relics, jointly agree on protection measures with the construction unit;In case of important discoveries, the administrative department for cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government shall promptly report them to the administrative department for cultural relics under The State Council for handling 。

Article 30 For archaeological excavations that need to be carried out in conjunction with a construction project, the administrative department for cultural relics of a province, autonomous region or municipality directly under the Central Government shall, on the basis of the exploration work, propose an excavation plan and submit it to the administrative department for cultural relics under The State Council for approval。国务院文物行政部门在批准前，应当征求社会科学研究机构及其他科研机构和有关专家的意见。 Where it is truly urgent to rescue and excavate sites of ancient culture or ancient tombs due to the urgency of the construction period or the danger of natural destruction, the administrative department of cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government shall organize the excavations and go through the approval procedures at the same time。

第三十一条 凡因进行基本建设和生产建设需要的考古调查、勘探、发掘，所需费用由建设单位列入建设工程预算。

Article 32 In the course of a construction project or agricultural production, any unit or individual that discovers cultural relics shall protect the site and immediately report to the local administrative department for cultural relics. Upon receiving the report, the administrative department for cultural relics shall, if there are no special circumstances, rush to the site within 24 hours and give opinions on handling the matter within seven days。The administrative department for cultural relics may report to the local people's government to notify the public security organ for assistance in protecting the site;Where important cultural relics are discovered, they shall be immediately reported to the administrative department for cultural relics under The State Council, which shall, within 15 days of receiving the report, give opinions on handling the matter。依照前款规定发现的文物属于国家所有，任何单位或者个人不得哄抢、私分、藏匿。

Article 33 No foreigner or foreign organization may conduct archaeological investigations, exploration or excavations within the territory of the People's Republic of China without the special permission of the administrative department for cultural relics under The State Council。

第三十四条 考古调查、勘探、发掘的结果，应当报告国务院文物行政部门和省、自治区、直辖市人民政府文物行政部门。Cultural relics excavated by archaeological excavation shall be registered, put on record, kept properly and, in accordance with the relevant provisions of the State, transferred to the administrative department of cultural relics of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or to the state-owned museums, libraries or other units of the State that collect cultural relics designated by the administrative department of cultural relics under The State Council for collection。With the approval of the administrative department for cultural relics of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the administrative department for cultural relics under The State Council, units engaged in archaeological excavations may retain a small number of unearthed cultural relics as scientific research specimens。No unit or individual may seize cultural relics excavated by archaeology。

第三十五条 根据保证文物安全、进行科学研究和充分发挥文物作用的需要，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，可以调用本行政区域内的出土文物；国务院文物行政部门经国务院批准，Can call the country's important unearthed cultural relics。

Chapter IV Cultural relics collected

Article 36 Museums, libraries and other units collecting cultural relics must distinguish the grades of cultural relics in their collections, set up archives for their collections, establish a strict management system, and report to the competent administrative department for cultural relics for the record。 The administrative departments for cultural relics under the local people's governments at or above the county level shall separately establish archives for cultural relics in their respective administrative areas.The administrative department for cultural relics under The State Council shall establish archives of first-level national cultural relics collections and archives of cultural relics in the collections of the state-owned cultural relics collection units under its charge。

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。
国有文物收藏单位还可以通过文物行政部门指定保管或者调拨方式取得文物。

Article 38 Units collecting cultural relics shall, according to the needs of the protection of cultural relics in their collections, establish and improve management systems in accordance with the relevant provisions of the State, and report to the competent administrative department for cultural relics for the record。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。国有文物收藏单位的法定代表人离任时，应当按照馆藏文物档案办理馆藏文物移交手续。

Article 39 The administrative department for cultural relics under The State Council may transfer cultural relics in the state-owned collection throughout the country。The administrative departments for cultural relics of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may transfer cultural relics in the collections of state-owned cultural relics collection units under their authority within their respective administrative areas;The transfer of first-class cultural relics in the state-owned collection shall be reported to the administrative department of cultural relics under The State Council for the record。 Units collecting state-owned cultural relics may apply for the transfer of cultural relics in state-owned collections。

Article 40 Units collecting cultural relics shall give full play to the role of cultural relics in their collections and strengthen the publicity and education of the fine historical culture and revolutionary tradition of the Chinese nation through exhibitions, scientific research and other activities。 State-owned cultural relics collection units need to borrow cultural relics in their collections for holding exhibitions, scientific research, etc., shall report to the competent cultural relics administrative department for the record;The borrowing of Grade I cultural relics in the collection shall be approved by the administrative department of cultural relics under The State Council。 Non-state-owned cultural relics collection units and other units that need to borrow cultural relics in state-owned collections for exhibitions shall report to the competent administrative department for cultural relics for approval;The borrowing of Grade I cultural relics in the state-owned collection shall be approved by the administrative department of cultural relics under The State Council。 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。

第四十二条 未建立馆藏文物档案的国有文物收藏单位，不得依照本法第四十条、第四十一条的规定处置其馆藏文物。

Article 43 A cultural relic collection unit that has acquired cultural relics in accordance with law by transferring, exchanging or borrowing cultural relics in the state-owned collection may give reasonable compensation to the cultural relic collection unit that provides such cultural relics, and the specific administrative measures shall be formulated by the cultural relic administration department under The State Council。 The compensation fees derived from the transfer, exchange or loan of cultural relics by state-owned units collecting cultural relics must be used to improve the conditions of the collection of cultural relics and to collect new cultural relics, and may not be diverted for other purposes.No unit or individual may encroach upon it。 Cultural relics transferred, exchanged or borrowed must be kept strictly and must not be lost or damaged。

第四十四条 禁止国有文物收藏单位将馆藏文物赠与、出租或者出售给其他单位、个人。

第四十五条 国有文物收藏单位不再收藏的文物的处置办法，由国务院另行制定。

第四十六条 修复馆藏文物，不得改变馆藏文物的原状；复制、拍摄、拓印馆藏文物，不得对馆藏文物造成损害。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。

Article 47 Museums, libraries and other units that collect cultural relics shall, in accordance with the relevant provisions of the State, be equipped with facilities to prevent fire, theft and natural damage to ensure the safety of cultural relics in their collections。

第四十八条 馆藏一级文物损毁的，应当报国务院文物行政部门核查处理。Damage to other cultural relics in the collection shall be reported to the administrative department of cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government for verification and handling;The administrative department for cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government shall report the result of verification to the administrative department for cultural relics under The State Council for the record。 馆藏文物被盗、被抢或者丢失的，文物收藏单位应当立即向公安机关报案，并同时向主管的文物行政部门报告。

第四十九条 文物行政部门和国有文物收藏单位的工作人员不得借用国有文物，不得非法侵占国有文物。

Chapter V Cultural relics collected by the people

第五十条 文物收藏单位以外的公民、法人和其他组织可以收藏通过下列方式取得的文物：
(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。
文物收藏单位以外的公民、法人和其他组织收藏的前款文物可以依法流通。

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;
(3) frescoes, sculptures, architectural components, etc. in state-owned immovable cultural relics, except those frescoes, sculptures, architectural components, etc. in state-owned immovable cultural relics dismantled according to law, which do not fall under the provisions of paragraph 4 of Article 20 of this Law and should be collected by cultural relics collection units;
(4) Cultural relics whose sources do not conform to the provisions of Article 50 of this Law。

Article 52 The State encourages citizens, legal persons and other organizations other than units collecting cultural relics to donate the cultural relics in their collections to units collecting cultural relics in the State or to lend them to units collecting cultural relics for exhibition and research。 国有文物收藏单位应当尊重并按照捐赠人的意愿，对捐赠的文物妥善收藏、保管和展示。 Cultural relics prohibited from leaving the country by the State may not be transferred, leased or pledged to foreigners。

第五十三条 文物商店应当由国务院文物行政部门或者省、自治区、直辖市人民政府文物行政部门批准设立，依法进行管理。 文物商店不得从事文物拍卖经营活动，不得设立经营文物拍卖的拍卖企业。

第五十四条 依法设立的拍卖企业经营文物拍卖的，应当取得国务院文物行政部门颁发的文物拍卖许可证。 经营文物拍卖的拍卖企业不得从事文物购销经营活动，不得设立文物商店。

第五十五条 文物行政部门的工作人员不得举办或者参与举办文物商店或者经营文物拍卖的拍卖企业。 文物收藏单位不得举办或者参与举办文物商店或者经营文物拍卖的拍卖企业。 禁止设立中外合资、中外合作和外商独资的文物商店或者经营文物拍卖的拍卖企业。 除经批准的文物商店、经营文物拍卖的拍卖企业外，其他单位或者个人不得从事文物的商业经营活动。

Article 56 Cultural relics sold in cultural relics shops shall, before being sold, be examined and approved by the administrative departments of cultural relics of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government;Where the sale is permitted, the administrative department of cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government shall make a mark。 The cultural relics auctioned by an auction enterprise shall, before auction, be examined and approved by the administrative department of cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government, and shall be reported to the administrative department of cultural relics under The State Council for the record;Where the administrative department for cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government is unable to determine whether it can be auctioned, it shall be submitted to the administrative department for cultural relics under The State Council for examination and approval。

第五十七条 文物商店购买、销售文物，拍卖企业拍卖文物，应当按照国家有关规定作出记录，并报原审核的文物行政部门备案。 拍卖文物时，委托人、买受人要求对其身份保密的，文物行政部门应当为其保密；但是，法律、行政法规另有规定的除外。

第五十八条 文物行政部门在审核拟拍卖的文物时，可以指定国有文物收藏单位优先购买其中的珍贵文物。The purchase price shall be determined by the representative of the cultural relics collection unit and the consignor of the cultural relics through consultation。

Article 59 Banks, smelters, paper mills and waste materials recycling units shall, together with the local cultural relics administrative departments, be responsible for selecting cultural relics mixed with gold and silver and waste materials。拣选文物除供银行研究所必需的历史货币可以由人民银行留用外，应当移交当地文物行政部门。Reasonable compensation shall be given for the handover of selected cultural relics。

Chapter VI Exit and Entry of Cultural Relics

Article 60 Precious cultural relics of state-owned and non-state-owned cultural relics and other cultural relics prohibited from leaving the country by the State shall not leave the country;With the exception of outbound exhibitions in accordance with the provisions of this Law or with the approval of The State Council for special needs。

第六十一条 文物出境，应当经国务院文物行政部门指定的文物进出境审核机构审核。经审核允许出境的文物，由国务院文物行政部门发给文物出境许可证，从国务院文物行政部门指定的口岸出境。 任何单位或者个人运送、邮寄、携带文物出境，应当向海关申报；海关凭文物出境许可证放行。

第六十二条 文物出境展览，应当报国务院文物行政部门批准；一级文物超过国务院规定数量的，应当报国务院批准。 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。

第六十三条 文物临时进境，应当向海关申报，并报文物进出境审核机构审核、登记。 The temporary entry of cultural relics to re-exit the country must be examined and examined by the original examination and approval institutions for the entry and exit of cultural relics registered;After examination and verification, the administrative department for cultural relics under The State Council shall issue an exit permit for cultural relics, and the Customs shall release the cultural relics by virtue of the exit permit。

Chapter VII Legal liability

第六十四条 违反本法规定，有下列行为之一，构成犯罪的，Criminal responsibility shall be investigated 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。

第六十五条 违反本法规定，造成文物灭失、损毁的，依法承担民事责任。 违反本法规定，构成违反治安管理行为的，由公安机关依法给予治安管理处罚。 违反本法规定，构成走私行为，Not yet constituted a crime，由海关依照有关法律、行政法规的规定给予处罚。

Article 66 Whoever commits any of the following acts but does not constitute a crime shall be ordered by the competent department for cultural relics of the people's government at or above the county level to make corrections; if serious consequences are caused, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed;If the circumstances are serious, the qualification certificate shall be revoked by the original issuing authority:
（一）擅自在文物保护单位的保护范围内进行建设工程或者爆破、钻探、挖掘等作业的；
(2) Damage to the historical features of the units under the protection of cultural relics due to the construction projects carried out within the construction control zones of the units under the protection of cultural relics, without the approval of the administrative departments for cultural relics and the approval of the planning departments for urban and rural development;
(3) moving or dismantling immovable cultural relics without authorization;
(4) repairing immovable cultural relics without authorization, significantly changing the original state of cultural relics;
（五）擅自在原址重建已全部毁坏的不可移动文物，造成文物破坏的；
（六）施工单位未取得文物保护工程资质证书，擅自从事文物修缮、迁移、重建的。
Where a cultural relic is not seriously scratched, defaced or damaged, or where the symbol of a cultural relic protection unit established in accordance with the provisions of the first paragraph of Article 15 of this Law is damaged, the public security organ or the unit where the cultural relic is located shall give a warning and may concurrently impose a fine。

第六十七条 在文物保护单位的保护范围内或者建设控制地带内建设污染文物保护单位及其环境的设施的，或者对已有的污染文物保护单位及其环境的设施未在规定的期限内完成治理的，The administrative department for environmental protection shall impose penalties in accordance with the provisions of relevant laws and regulations。

Article 68 Whoever commits any of the following acts shall be ordered by the competent department of cultural relics of the people's government at or above the county level to make corrections, confiscate the illegal gains, and, if the illegal gains exceed 10,000 yuan, impose a fine of not less than two times but not more than five times the illegal gains;If the illegal gains are less than 10,000 yuan, a fine of not less than 5,000 yuan but not more than 20,000 yuan shall also be imposed:
（一）转让或者抵押国有不可移动文物，或者将国有不可移动文物作为企业资产经营的；
(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。

第六十九条 历史文化名城的布局、环境、历史风貌等遭到严重破坏的，由国务院撤销其历史文化名城称号；历史文化城镇、街道、村庄的布局、环境、历史风貌等遭到严重破坏的，由省、自治区、直辖市人民政府撤销其历史文化街区、村镇称号；对负有责任的主管人员和其他直接责任人员依法给予行政处分。

Article 70 If any of the following acts does not constitute a crime, the competent department for cultural relics of the people's government at or above the county level shall order it to make corrections and may impose a fine of not more than 20,000 yuan, and if there are any illegal gains, the illegal gains shall be confiscated:
（一）文物收藏单位未按照国家有关规定配备防火、防盗、防自然损坏的设施的；
（二）国有文物收藏单位法定代表人离任时未按照馆藏文物档案移交馆藏文物，或者所移交的馆藏文物与馆藏文物档案不符的；
(3) donating, renting or selling cultural relics in the State-owned collection to other units or individuals;
（四）违反本法第四十条、第四十一条、第四十五条规定处置国有馆藏文物的；
（五）违反本法第四十三条规定挪用或者侵占依法调拨、交换、出借文物所得补偿费用的。

第七十一条 买卖国家禁止买卖的文物或者将禁止出境的文物转让、出租、质押给外国人，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。

Article 74 Where any of the following acts does not constitute a crime, the competent department for cultural relics of the people's government at or above the county level shall, in conjunction with the public security organ, recover the cultural relics;If the circumstances are serious, he shall be fined not less than 5,000 yuan but not more than 50,000 yuan:
(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。

第七十五条 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：
（一）改变国有未核定为文物保护单位的不可移动文物的用途，未依照本法规定报告的；
（二）转让、抵押非国有不可移动文物或者改变其用途，未依照本法规定备案的；
(3) The user of state-owned immovable cultural relics refuses to perform the obligation of repair according to law;
（四）考古发掘单位未经批准擅自进行考古发掘，或者不如实报告考古发掘结果的；
（五）文物收藏单位未按照国家有关规定建立馆藏文物档案、管理制度，或者未将馆藏文物档案、管理制度备案的；
(6) transferring cultural relics in the collection without approval in violation of Article 38 of this Law;
(7) Failure to report the damage of cultural relics in the collection to the administrative department for cultural relics for verification and handling, or the cultural relics in the collection are stolen, robbed or lost, and the collection unit fails to report to the public security organ or the administrative department for cultural relics in a timely manner;
（八）文物商店销售文物或者拍卖企业拍卖文物，未按照国家有关规定作出记录或者未将所作记录报文物行政部门备案的。

Article 76 Any staff member of an administrative department for cultural relics, a collection unit for cultural relics, a shop for cultural relics or an auction enterprise engaged in the auction of cultural relics who commits any of the following acts shall be given administrative sanctions according to law; if the circumstances are serious, he or she shall be dismissed from public office or revoked from his or her employment qualifications according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law:
（一）文物行政部门的工作人员违反本法规定，滥用审批权限、不履行职责或者发现违法行为不予查处，造成严重后果的；
（二）文物行政部门和国有文物收藏单位的工作人员借用或者非法侵占国有文物的；
（三）文物行政部门的工作人员举办或者参与举办文物商店或者经营文物拍卖的拍卖企业的；
(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。
The persons who are dismissed from public office or whose qualifications for employment are revoked as mentioned in the preceding paragraph shall not be allowed to serve as administrators of cultural relics or engage in cultural relics business activities within 10 years from the date of being dismissed from public office or revoked。

Article 77 If a person commits one of the acts listed in Articles 66, 68, 70, 71, 74 and 75 of this Law, the person in charge and other persons directly responsible for the act are State functionaries, they shall be given administrative sanctions according to law。

第七十八条 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国家机关，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，对负有责任的主管人员和其他直接责任人员依法给予行政处分；构成犯罪的，Criminal responsibility shall be investigated according to law。

Article 79 Cultural relics confiscated by the people's courts, people's procuratorates, public security organs, customs and administrative departments for industry and commerce according to law shall be registered and put on record, properly safeguarded, and after the case is concluded, they shall be handed over free of charge to the administrative departments for cultural relics, which shall be collected by state-owned cultural relics collection units designated by the administrative departments for cultural relics。

Chapter VIII Supplementary Provisions

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