Article 1 These Detailed Rules are formulated in accordance with the Law of People's Republic of China (PRC) on the Protection of Cultural Relics (hereinafter referred to as the Law on the Protection of Cultural Relics).

Article 2 Cultural relics such as revolutionary sites, memorial buildings, ancient cultural sites, ancient tombs, ancient buildings, cave temples and stone carvings are divided into national key cultural relics protection units, cultural relics protection units of provinces, autonomous regions and municipalities directly under the Central Government, and cultural relics protection units of counties, autonomous counties and municipalities directly under the Central Government.

Monuments, artworks, arts and crafts, revolutionary documents, manuscripts, ancient books and representative objects are divided into precious cultural relics and general cultural relics, and precious cultural relics are divided into one, two and three levels.

Article 3 The national department for cultural administration in charge of national cultural relics protection as stipulated in Article 3 of the Cultural Relics Protection Law refers to National Cultural Heritage Administration. National Cultural Heritage Administration manages, supervises and guides the national cultural relics protection work according to law.

Local people's governments at various levels shall protect cultural relics within their respective administrative areas.

Cultural relics protection and management institutions established by local people's governments at or above the county level are cultural relics management departments; If there is no institution for the protection and administration of cultural relics, the administrative department for culture shall be the administrative department for cultural relics. Cultural relics administrative departments at all levels shall manage the cultural relics work within their respective administrative areas.

Article 4 Public security departments at all levels, administrative departments for industry and commerce, urban and rural planning departments and customs shall, in accordance with the provisions of the Law on the Protection of Cultural Relics, do a good job in the protection of cultural relics within their respective functions and duties.

Article 5 The financial department of the people's government at or above the county level shall separately include the expenditure on cultural relics and cultural relics infrastructure in the fiscal budget at the corresponding level, which shall be under the unified management of the cultural relics administrative department at the same level, and the expenditure on cultural relics infrastructure, cultural relics repair, maintenance and archaeological excavation shall be earmarked and strictly managed. The income of cultural relics undertakings and enterprises affiliated to cultural relics administrative departments at all levels shall be used for cultural relics undertakings as a supplement to the funds for the protection and management of cultural relics, and shall not be used for other purposes.

Chapter II Cultural Relics Protection Units

Sixth different levels of cultural relics protection units, in accordance with the procedures stipulated in Article 7 of the Cultural Relics Protection Law approved and announced.

If the cultural relics listed in the first paragraph of Article 7 of the Law on the Protection of Cultural Relics are not published as cultural relics protection units, they shall be registered and protected by the people's governments of counties, autonomous counties and cities.

Article 7 The scope of protection of cultural relics protection units at all levels shall be delineated and marked within one year from the date of approval and promulgation in accordance with the provisions of Article 9 of the Cultural Relics Protection Law.

The scope of protection of national key cultural relics protection units and cultural relics protection units of provinces, autonomous regions and municipalities directly under the Central Government shall be delineated and promulgated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

The scope of protection of cultural relics protection units at the county, autonomous county and municipal level shall be delineated and promulgated by the county, autonomous county and municipal people's governments.

Article 8 Local people's governments at or above the county level shall, according to the protection needs of different cultural relics, formulate specific protection measures for cultural relics protection units and promulgate them for implementation.

Measures for the protection of national key cultural relics protection units and cultural relics protection units of provinces, autonomous regions and municipalities directly under the Central Government shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Measures for the protection of cultural relics protection units in counties, autonomous counties and municipalities shall be formulated by the people's governments of counties, autonomous counties and municipalities.

Article 9 For memorial buildings and ancient buildings owned by the state that have been approved as cultural relics protection units, cultural relics administrative departments, users or their superior competent departments may set up museums and other special protection and management institutions to take charge of protection; If there is no special protection and management organization, the local people's governments at or above the county level shall instruct users or relevant departments to take charge of protection, or employ cultural relics protection personnel to protect them.

Article 10 If there are users among the cultural relics listed in the first paragraph of Article 7 of the Cultural Relics Protection Law, the users shall establish mass cultural relics protection organizations; If there is no user unit, the nearby villagers' committee or residents' committee may establish mass organizations for the protection of cultural relics. The administrative department of cultural relics shall give guidance to the activities of mass cultural relics protection organizations.

Eleventh cultural relics protection units open to the public, should meet the conditions stipulated by National Cultural Heritage Administration, and according to its level, reported to the administrative department of cultural relics at the same level for examination and approval.

Twelfth according to the actual needs of cultural relics protection, the construction control zone can be delineated and announced around the cultural relics protection units.

Construction control zones around national key cultural relics protection units and cultural relics protection units of provinces, autonomous regions and municipalities directly under the Central Government shall be delineated by the cultural relics administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the urban and rural planning departments and submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval.

Construction control zones around cultural relics protection units of counties, autonomous counties and municipalities shall be delineated by the cultural relics administrative departments of the people's governments of counties, autonomous counties and municipalities jointly with the urban and rural planning departments, and submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the people's governments of counties, autonomous counties and municipalities authorized by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval.

Thirteenth in the construction control zone, no facilities that endanger the safety of cultural relics shall be built, and no buildings or structures whose form, height, volume and color are incompatible with the environmental features of cultural relics protection units shall be built.

The design scheme of new buildings and structures in the construction control zone shall, according to the level of cultural relics protection units, be approved by the cultural relics administrative department at the same level and reported to the urban and rural planning department at the same level for approval.

Fourteenth memorial buildings, ancient buildings and other cultural relics have been completely destroyed and cannot be rebuilt; If it is really necessary to rebuild in different places or in situ due to special needs, it should be reported to the original approval and publication authority for approval according to the level of cultural relics protection units.

Article 15 The renovation scheme, design and construction scheme of national key cultural relics protection units and cultural relics protection units of provinces, autonomous regions and municipalities directly under the Central Government that National Cultural Heritage Administration considers necessary for examination and approval shall be examined and approved by National Cultural Heritage Administration.

The renovation plan, design and construction scheme of cultural relics protection units in provinces, autonomous regions, municipalities directly under the Central Government and counties, autonomous counties and municipalities directly under the Central Government shall be examined and approved by the cultural relics administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Cultural relics renovation and protection projects shall be subject to the supervision and guidance of the examination and approval authorities. After the completion of the project, it shall be reported to the examination and approval authority for acceptance.

Sixteenth survey and design units and construction units of cultural relics repair and protection projects shall implement the relevant provisions of the state to ensure the quality of the project.

Seventeenth specific measures for the administration of cultural relics renovation and protection projects shall be formulated by National Cultural Heritage Administration.

Chapter III Archaeological Excavation

Eighteenth all archaeological excavation projects must go through the examination and approval procedures. The application for archaeological excavation shall be submitted by the archaeological excavation unit to National Cultural Heritage Administration, or directly to National Cultural Heritage Administration through the cultural relics administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and shall be examined and approved in accordance with the provisions of Article 17 or Article 19 of the Law on the Protection of Cultural Relics. When approving the directly applicable archaeological excavation plan, National Cultural Heritage Administration shall solicit the opinions of the administrative departments of cultural relics of the people's governments of the relevant provinces, autonomous regions and municipalities directly under the Central Government.

Nineteenth archaeological excavation units shall submit the archaeological excavation plan of the year to National Cultural Heritage Administration in the first quarter of each year. A construction project with an archaeological excavation plan may be submitted to National Cultural Heritage Administration within thirty days before the excavation; If it is really necessary to excavate cultural relics urgently because of the urgent construction period or the danger of natural destruction, with the consent of the cultural relics administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, the excavation can be carried out first, and the excavation plan can be supplemented within 15 days from the date of excavation.

Twentieth in the archaeological excavation work, archaeological excavation units and their staff should strictly implement the rules of archaeological work, to ensure the quality of excavation.

When applying for excavation, archaeological excavation units shall put forward protective measures to ensure the safety of unearthed cultural relics and important relics, and strictly implement them in the excavation work.

Twenty-first cultural relics investigation or exploration in cooperation with construction projects shall be organized and implemented by the cultural relics administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The investigation or exploration of cultural relics across provinces, autonomous regions and municipalities directly under the Central Government shall be jointly organized and implemented by the cultural relics administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government where the cultural relics are located or organized and implemented by National Cultural Heritage Administration.

Article 22 Where ancient sites and tombs are discovered in construction projects and need to be excavated, the administrative departments for cultural relics of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize forces to excavate them in time; Particularly important construction projects and archaeological excavations within the scope of construction projects across provinces, autonomous regions and municipalities directly under the Central Government shall be organized and implemented by National Cultural Heritage Administration, and construction may continue only after the excavation is completed.

Twenty-third in the archaeological excavation work with the construction project, the construction unit and the construction unit shall cooperate with the archaeological excavation unit to protect the safety of unearthed cultural relics or remains.

Twenty-fourth archaeological excavation units and archaeological excavation project leader qualification, by the National Cultural Heritage Administration review, and issue certificates.

The qualifications of archaeological exploration units and archaeological exploration leaders shall be examined and recognized by the cultural relics administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and certificates shall be issued.

Twenty-fifth archaeological excavation units shall, after the excavation work, write an archaeological excavation report in time and compile a list of unearthed cultural relics.

Unearthed cultural relics shall be collected by museums, libraries or other units owned by the whole people (hereinafter referred to as cultural relics collection units owned by the whole people) designated by the cultural relics administrative departments of National Cultural Heritage Administration or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to the storage conditions and actual needs. If an archaeological excavation unit needs to preserve unearthed cultural relics as specimens, it must obtain the consent of the cultural relics administrative department of National Cultural Heritage Administration or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Chapter IV Collection of Cultural Relics

Twenty-sixth cultural relics collected by cultural relics collection units owned by the whole people shall be registered with the administrative department for cultural relics. The administrative departments of cultural relics of the people's governments of counties, autonomous counties and municipalities shall report the registered archives of precious cultural relics to the administrative departments of cultural relics of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record. The first-class cultural relics files registered by the cultural relics administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be reported to National Cultural Heritage Administration for the record. Specific measures shall be formulated by National Cultural Heritage Administration.

Twenty-seventh cultural relics collection units owned by the whole people should have the facilities and necessary technical means to ensure the safety of cultural relics, and establish cultural relics archives in accordance with the relevant provisions of the state to keep cultural relics in different categories.

Twenty-eighth cultural relics collection units owned by the whole people to copy and repair the first-class cultural relics in their collections shall be reported to National Cultural Heritage Administration for approval.

Twenty-ninth cultural relics administrative departments at higher levels may allocate and borrow cultural relics managed by cultural relics administrative departments at lower levels. Cultural relics collected by units under ownership by the whole people may be exchanged or borrowed with the approval of the administrative department for cultural relics.

The allocation, exchange and borrowing of first-class cultural relics shall be reported to National Cultural Heritage Administration for approval.

The allocation, exchange and borrowing of second-and third-class cultural relics and general cultural relics shall be reported to the cultural relics administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval.

Chapter V Private Collection of Cultural Relics

Article 30 A citizen's private collection of cultural relics may be registered with the cultural relics administration department. Cultural relics administrative departments and their staff shall keep secrets for cultural relics registered by citizens.

Thirty-first citizens can ask the administrative department of cultural relics to provide technical advice and help for the identification, preservation and restoration of cultural relics in their private collections.

Article 32 Cultural relics collected privately by citizens may be sold to the cultural relics administrative department of National Cultural Heritage Administration or cultural relics collection units and cultural relics acquisition units owned by the whole people designated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

The state encourages citizens to donate their private cultural relics to cultural relics collection units owned by the whole people.

Thirty-third cultural relics business units engaged in the purchase and sale of cultural relics shall be approved by the administrative department of cultural relics of National Cultural Heritage Administration or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and shall go through the registration formalities with the administrative department for industry and commerce; Foreign sales of cultural relics must be approved by National Cultural Heritage Administration.

Thirty-fourth cultural relics business units shall record the cultural relics business activities for verification.

Precious cultural relics purchased or preserved by cultural relics management units shall be reported to the cultural relics administrative department that approved their operation for the record, and the first-class cultural relics shall be reported to National Cultural Heritage Administration for the record.

Cultural relics sold by cultural relics business units shall be identified in accordance with the relevant provisions of the state before sale.

Thirty-fifth banks, smelters, paper mills and waste materials recycling units should accept the guidance of the administrative department of cultural relics, properly keep the selected cultural relics and hand them over to the administrative department of cultural relics as soon as possible.

Article 36 The administrative department of cultural relics shall accept the handed-over cultural relics at a reasonable price according to the fees paid by banks, smelters, paper mills and waste materials recycling units and a certain proportion of selection fees. If it is difficult for the administrative department of cultural relics to pay the required amount, it shall be solved by the administrative department of cultural relics at the next higher level.

Article 37 Cultural relics confiscated and recovered by the public security, industrial and commercial administrative departments and the customs in investigating and handling illegal and criminal activities shall be handed over to the cultural relics administrative department as soon as possible after the case is closed. The transfer measures shall be formulated by National Cultural Heritage Administration Municipality jointly with relevant departments.

Thirty-eighth departments of cultural relics administration shall identify the handed over cultural relics. Belonging to the first-class cultural relics, the cultural relics administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall report to National Cultural Heritage Administration for the record.

Article 39 The administrative departments of cultural relics of National Cultural Heritage Administration or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the needs of cultural relics protection, designate qualified cultural relics collection units owned by the whole people to collect the handed-over cultural relics.

If a bank reserves the selected historical currency for scientific research, it shall obtain the consent of the administrative department of cultural relics of National Cultural Heritage Administration or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Chapter VI Exit of Cultural Relics

Fortieth cultural relics leaving the country shall be appraised by the cultural relics administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government designated by National Cultural Heritage Administration. Cultural relics exit appraisal standards shall be formulated by National Cultural Heritage Administration.

Forty-first cultural relics that have been allowed to leave the country after appraisal shall be issued by the appraisal department with an exit permit certificate. The customs shall examine and release cultural relics on the basis of exit permit and relevant state regulations.

Forty-second individuals carrying private collections of cultural relics out of the country, after identification can not leave the country, the administrative department of cultural relics shall register and return or purchase, if necessary, can purchase.

Article 43 The exhibition and export of cultural relics shall be under the unified management of National Cultural Heritage Administration, and the specific measures shall be formulated by National Cultural Heritage Administration jointly with relevant departments.

Chapter VII Reward and Punishment

Forty-fourth units or individuals who have one of the deeds listed in Article 29 of the Law on the Protection of Cultural Relics shall be rewarded by the people's government, the administrative department of cultural relics or the relevant departments.

Article 45 The fines for the acts listed in Article 30 of the Cultural Relics Protection Law shall be implemented according to the following amounts, depending on the seriousness of the case:

(a) one of the acts listed in items (1), (2) and (4) shall be fined in 200 yuan;

(two) there are acts listed in item (three), the amount of fine is one percent of the cost of buildings and structures, but the maximum is not more than twenty thousand yuan;

(three) one of the acts listed in items (five), (six) and (seven), and the fine is less than twenty thousand yuan;

(four) there are acts listed in item (eight), and the amount of the fine is two to five times of the illegal income.

Article 46 The staff of the administrative department of cultural relics may hand over the persons who commit any of the acts listed in Items (3), (4) and (5) of Article 30 of the Law on the Protection of Cultural Relics to the relevant administrative organs for handling.

Article 47 If a party refuses to accept a specific administrative act made in accordance with the Law on the Protection of Cultural Relics and these Detailed Rules, it may apply for reconsideration in accordance with the Regulations on Administrative Reconsideration; If he refuses to accept the reconsideration decision, he may bring a lawsuit in accordance with the provisions of the Administrative Procedure Law.

If a party fails to apply for reconsideration, bring a lawsuit or perform a specific administrative act within the statutory time limit, the administrative organ that has undertaken the specific administrative act may apply to the people's court for compulsory execution, or enforce it according to law.

Chapter VIII Supplementary Provisions

Article 48 Measures for the protection of ancient vertebrate fossils and ancient human fossils and measures for the protection and management of historical and cultural cities shall be formulated separately.

Article 49 National Cultural Heritage Administration shall be responsible for the interpretation of these Rules.

Article 50 These Rules shall come into force as of the date of promulgation.