Chapter IV Cultural Relics in the Collection of Cultural Institutions

Article 36 Museums, libraries and other institutions for the collection of cultural relics shall classify the cultural relics in their collection into different grades, compile files for the relics kept by them, establish a strict system of control, and submit them to the administrative department in charge of cultural relics for the record.

The administrative department in charge of cultural relics under the people’s governments at or above the county level shall compile files for the cultural relics in the collection of cultural institutions in their own administrative areas; and the administrative department in charge of cultural relics under the State Council shall compile files for grade-one cultural relics of the State and for the cultural relics in the collection of State-owned cultural institutions under its charge.

Article 37 Institutions for the collection of cultural relics may obtain cultural relics by the following means:

(1) purchasing;

(2) accepting donations;

(3) exchanging according to law; or

(4) other means as provided for by laws and administrative rules and regulations.

Institutions for the collection of State-owned cultural relics may also obtain cultural relics through designation by the administrative department in charge of cultural relics for preserving the relics or through transfer by the department.

Article 38 Institutions for the collection of cultural relics shall, in light of the need for protection of cultural relics in their collection and in accordance with the relevant regulations of the State, establish a sound system of control and report it to the administrative department in charge of cultural relics for the record. Without approval, no unit or individual may, through transfer, obtain cultural relics in the collection of cultural institutions.

Legal representatives of the institutions for the collection of cultural relics shall be responsible for the safety of the cultural relics in their collection. Before leaving their posts, the legal representatives of the institutions for the collection of State-owned cultural relics shall, on the basis of the files of the cultural relics in the collection of the cultural institutions, go through the formalities of handing over the cultural relics in the collection of the institutions.

Article 39 The administrative department in charge of cultural relics under the State Council may transfer the cultural relics in the collection of the State-owned cultural institutions anywhere in the country. 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 transfer the cultural relics in the collection of the State-owned cultural institutions, which are under its charge and are located in its administrative area; and where grade-one cultural relics in the collection of State-owned cultural institutions are transferred, the matter shall be reported to the administrative department in charge of cultural relics under the State Council for the record.

State-owned institutions for the collection of cultural relics may apply for transfer of the cultural relics in the collection of State-owned cultural institutions.

Article 40 Institutions for the collection of cultural relics shall give full play to the cultural relics in their collection and, through holding exhibitions, conducting scientific research, etc., help enhance publicity and education in the splendid history and culture and the revolutionary tradition of the Chinese nation.

Where State-owned cultural institutions for the collection of cultural relics, for purposes of holding exhibitions, conducting scientific research, etc., need to borrow from each other cultural relics in their collection, the matter shall be reported to the administrative department in charge of cultural relics for the record; and where grade-one cultural relics in the collection of cultural institutions are to be borrowed, the matter shall be subject to approval by the administrative department in charge of cultural relics under the people’s government of the province, autonomous region or municipality directly under the Central government and be reported to the administrative department in charge of cultural relics under the State Council for the record.

Where institutions for the collection of cultural relics not owned by the State and other institutions, for purposes of holding exhibitions, need to borrow cultural relics in the collection of the State-owned cultural institutions, the matter shall be subject to approval by the administrative department in charge of cultural relics; and where grade-one cultural relics in the collection of State-owned cultural institutions are to be borrowed, the matter shall be subject to approval by the administrative department in charge of cultural relics under the State Council.

The maximum period of time for the borrowing of cultural relics between the institutions for the collection of cultural relics may not exceed three years.

Article 41 Cultural relics in institutions for the collection of State-owned cultural relics that have compiled files of the cultural relics in their collection may be exchanged among such institutions 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, and the matter shall be reported to the administrative department in charge of cultural relics under the State Council for the record; and where grade-one cultural relics in their collection are to be exchanged, the matter shall be subject to approval by the administrative department in charge of cultural relics under the State Council.

Article 42 No institutions for the collection of State-owned cultural relics that have not compiled files of the cultural relics in their collection may handle the cultural relics in their collection in accordance with the provisions in Articles 40 and 41 of this Law.

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

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

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

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

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

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

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

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

Article 48 Where grade-one cultural relics in the collection of cultural institutions are damaged, the matter shall be reported to the administrative department in charge of cultural relics under the State Council for examination, verification and handling. Where other cultural relics in the collection of cultural institutions are damaged, the matter shall be reported to the administrative department in charge of cultural relics under the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government for examination, verification and handling; and the said department under the relevant people’s government shall submit the results of such examination, verification and handling to the administrative department in charge of cultural relics under the State Council for the record.

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

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