Chapter III Archaeological Excavations

Article 27 The procedure of submitting reports for approval shall be performed for all archaeological excavations; all institutions engaged in archaeological excavations shall be subject to approval by the administrative department in charge of cultural relics under the State Council.

No units or individuals may, without permission, conduct excavation of the cultural relics buried underground.

Article 28 The institutions engaged in archaeological excavations that need to conduct archaeological excavations for the purpose of scientific research shall submit their excavation plans to the administrative department in charge of cultural relics under the State Council for approval; plans for archaeological excavations relating to the major sites protected for their historical and cultural value at the national level shall be submitted to the administrative department in charge of cultural relics under the State Council for examination and verification before they are forwarded to the State Council for approval. Before giving approval to or examining and verifying such plans, the administrative department in charge of cultural relics under the State Council shall consult with the research institutes of social sciences, other scientific research institutes and the experts concerned.

Article 29 Before launching a large-scale capital construction project, the construction unit shall first request in a report the administrative department in charge of cultural relics under the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government to make arrangements for institutions engaged in archaeological excavations to conduct archaeological investigation and prospecting at places where cultural relics may be buried underground within the area designated for the project.

Where cultural relics are discovered in the course of investigation and prospecting, the administrative department in charge of cultural relics under the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government shall, in compliance with the requirements for protection of cultural relics, decide on the protective measures through consultations with the construction unit. In case of important discoveries, the administrative department in charge of cultural relics under the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government shall immediately submit a report to the administrative department in charge of cultural relics under the State Council for handling.

Article 30 With regard to archaeological excavations which have to be carried out along with a construction project, the administrative department in charge of cultural relics under the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government shall submit an excavation plan based on the result of prospecting to the administrative department in charge of cultural relics under the State Council for approval. Before giving approval to the plan, the administrative department in charge of cultural relics under the State Council shall consult with research institutes of social sciences, other scientific research institutes and the experts concerned.

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

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

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

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

Article 33 Without submitting a report to the administrative department in charge of cultural relics under the State Council for special permission by the State Council, no foreigner or foreign organization may conduct archaeological investigation, prospecting or excavation within the boundaries of the People’s Republic of China.

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

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

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

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