Regulations for the preservation of ancient fossils

Chapter I General provisions
Article 1 These Regulations are formulated for the purpose of strengthening the protection of paleontological fossils and promoting the scientific research and rational utilization of paleontological fossils.
Article 2 In the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China, the excavation, collection and other activities of paleontological fossils, as well as the entry and exit of paleontological fossils, shall abide by these Regulations.
The term "paleontological fossils" as mentioned in these Regulations refers to the solid fossils and remains of animals and plants formed and occurring in strata during geological history.
The protection of fossils of ancient apes, ancient humans and Quaternary vertebrate fossils related to human activities shall be carried out in accordance with the relevant provisions of the State on the protection of cultural relics.
Article 3 The paleontological fossils remaining in the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China shall be owned by the State.
Paleontological fossils collected by state-owned museums, scientific research units, institutions of higher learning and other collection units, as well as paleontological fossils donated to the State by units and individuals, shall be owned by the State, and their ownership shall not change due to the termination or change of their collection units.
Article 4 The State shall implement the principles of classified management, key protection, scientific research priority and rational utilization of paleontological fossils.
Article 5 The department in charge of natural resources under The State Council shall be responsible for the protection of paleontological fossils throughout the country. The departments in charge of natural resources of the local people's governments at or above the county level shall be in charge of the protection of paleontological fossils in their respective administrative areas.
Public security, market supervision and administration departments of the people's governments at or above the county level shall be responsible for the protection of paleontological fossils according to their respective functions and responsibilities.
Article 6 The department in charge of natural resources under The State Council shall be responsible for organizing the establishment of the National paleontological Fossil Expert Committee. Composed of experts recommended by relevant departments of The State Council and the Paleontological Society of China, the National Paleontological Fossil Expert Committee is responsible for drafting lists of paleontological fossils under key protection, consulting on the establishment of national paleontological fossil nature reserves, reviewing applications for paleontological fossil excavations, and identifying the entry and exit of paleontological fossils under key protection. Specific measures shall be formulated by the department in charge of natural resources under The State Council.
Article 7 According to the importance of biological evolution and biological classification, paleontological fossils are divided into key protection paleontological fossils and general protection paleontological fossils.
The following paleontological fossils that have important scientific research value or are rare in number shall be listed as key paleontological fossils for protection:
(1) Type specimens of named species of palaeontological fossil;
(2) well-preserved or relatively well-preserved solid fossils of ancient vertebrates;
(3) large or concentrated fossils of higher plants, invertebrate fossils, footprints of ancient vertebrates and other vestigial fossils;
(4) Other paleontological fossils in need of key protection as determined by the competent department of natural resources under The State Council.
The list of paleontological fossils under key protection shall be drawn up by the National Paleontological Fossil Expert Committee and approved and published by the department in charge of natural resources under The State Council.
Article 8 In areas where paleontological fossils are concentrated, national paleontological fossil nature reserves shall be established; Generally protect the concentration of paleontological fossils in the area, while the area has been found to focus on the protection of paleontological fossils, should be established at the local level paleontological fossil nature reserves. The procedures for establishing paleontological fossil nature reserves shall be implemented in accordance with the Regulations of the People's Republic of China on Nature Reserves.
To establish a national paleontological fossil nature reserve, the opinions of the national paleontological fossil Expert Committee shall be sought.
Article 9 The people's governments at or above the county level shall strengthen the leadership over the protection of paleontological fossils and include the funds required for the protection of paleontological fossils in the financial budgets at the corresponding levels.
The people's governments at or above the county level shall organize relevant departments to carry out publicity and education on the protection of paleontological fossils, enhance the public's awareness of the protection of paleontological fossils, and reward units and individuals that have made outstanding achievements in the protection of paleontological fossils in accordance with the relevant provisions of the State.
Chapter Two: paleontological fossil excavation
Article 10 Paleontological fossils may be excavated only when necessary for scientific research, teaching, popularization of science, or rescue protection of such fossils. Excavations of paleontological fossils shall meet the conditions prescribed in paragraph 2 of Article 11 of these Regulations and obtain approval in accordance with the provisions of these Regulations.
"Excavation" as mentioned in these Regulations refers to the activities of excavating paleontological fossils with a certain working face and using machinery or other power tools.
Article 11 Whoever excavates paleontological fossils within national paleontological fossil nature reserves or excavates paleontological fossils under special protection in other areas shall submit an application to the department in charge of natural resources under The State Council and obtain approval; Anyone excavating paleontological fossils under general protection outside a national paleontological fossil nature reserve shall file an application with the competent department of natural resources of the people's government of the province, autonomous region or municipality directly under the Central Government where the paleontological fossils are located and obtain approval.
An entity applying for the excavation of paleontological fossils shall meet the following conditions, and submit, at the time of application, the supporting materials that meet the following conditions, as well as the general situation of the excavation project, the excavation plan, the preservation plan of excavated specimens and the restoration plan of the natural ecological conditions of the excavation area:
(1) There are more than 3 technicians with professional titles of paleontology or related professional and technical titles, and have more than 3 years of paleontological fossil excavation experience (at least 1 of them have senior professional titles of paleontology and serve as the leader of excavation activities);
(2) having facilities and equipment that meet the needs of paleontological fossil excavations;
(3) having treatment technologies and processes suitable for the protection of paleontological fossils;
(4) Having facilities, equipment and places that meet the needs of preservation of paleontological fossils.
Article 12 The competent department of natural resources under The State Council shall, within 3 working days from the date of acceptance of the application, send the application materials to the National Paleontological Fossil Expert Committee. The National Paleontological Fossil Expert Committee shall issue written evaluation opinions within 10 working days from the date of receiving the application materials. The evaluation opinions should be used as an important basis for whether to approve the excavation of paleontological fossils.
The competent department of natural resources under The State Council shall, within 30 working days from the date of acceptance of the application, complete the examination, and approve the application unit if it meets the conditions specified in paragraph 2 of Article 11 of these Regulations and the paleontological fossil excavation plan, the excavated specimen preservation plan and the restoration plan for the natural ecological conditions of the excavation area are feasible; If the applicant does not meet the requirements, he shall notify the applicant in writing and explain the reasons.
Before approving an application for the excavation of a paleontological fossil, the competent department of natural resources under The State Council shall seek the opinions of the competent department of natural resources of the people's government of the province, autonomous region or municipality directly under the Central Government where the paleontological fossil is located; After approving the application for excavation, the competent department of natural resources of the people's government of the province, autonomous region or municipality directly under the Central Government shall be notified of the approval of the excavation of paleontological fossils.
Article 13 Where the competent department of natural resources of the people's government of a province, autonomous region or municipality directly under the Central Government accepts an application for paleontological fossil excavation, it shall examine and approve it in accordance with the time limit and requirements stipulated in the second paragraph of Article 12 of these Regulations, and listen to the opinions of paleontological experts.
Article 14 Units excavating paleontological fossils shall carry out excavations in accordance with the approved excavation plan; If it is really necessary to change the excavation plan, it shall be submitted to the competent department of natural resources that originally approved the excavation for approval.
Article 15 Units excavating paleontological fossils shall, within 30 days from the end of the excavation or scientific research, teaching and other activities, register and record the excavated paleontological fossils, make corresponding descriptions and marks, and transfer them to qualified collection units designated by the competent department of natural resources that approved the excavation.
Article 16 Where regional geological surveys or scientific research institutions, institutions of higher learning, etc., need to collect paleontological fossil specimens from time to time for scientific research or teaching, it is not necessary to apply for approval. Prior to the commencement of collection activities, the time, location and quantity of collection shall be notified in writing to the competent department of natural resources of the people's government of the province, autonomous region or municipality directly under the Central Government where the paleontology fossils are located. The collection of collected paleontological fossils shall comply with the provisions of these Regulations.
The term "sporadic collection" as used in these Regulations refers to the use of hand-held non-mechanical tools to excavate a very small number of paleontological fossils on the surface of the earth without affecting the surface and other resources.
Article 17 Foreigners and foreign organizations may excavate paleontological fossils in the territory of the People's Republic of China and in other sea areas under the jurisdiction of the People's Republic of China only when necessary for Sino-foreign cooperation in scientific research. The excavation of paleontological fossils shall be approved by the competent department of natural resources under The State Council, and shall be carried out in cooperation with Chinese units that meet the conditions specified in paragraph 2 of Article 11 of these Regulations, and shall comply with the provisions of these Regulations on the excavation, collection, entry and exit of paleontological fossils.
18th units and individuals in production, construction and other activities found paleontological fossils, shall protect the site, and immediately report to the local people's government at or above the county level in charge of natural resources departments.
After receiving the report, the competent department of natural resources of the local people's government at or above the county level shall rush to the scene within 24 hours and give opinions on handling the matter within 7 days. If it is really necessary, it may report to the local people's government to notify the public security organ for assistance in protecting the scene. The discovery of paleontological fossils under special protection shall be reported step by step to the competent department of natural resources under The State Council, and the competent department of natural resources under The State Council shall put forward opinions on handling the matter.
Where paleontological fossils discovered in the course of production, construction and other activities need to be salvagely excavated, the competent department of natural resources that has put forward opinions on the disposal shall organize the excavation by units that meet the conditions specified in paragraph 2 of Article 11 of these Regulations.
Article 19 The competent department of natural resources of the people's government at or above the county level shall strengthen the supervision and inspection of the excavation of paleontological fossils, and shall deal with it according to law if it is found that paleontological fossils have been excavated without approval according to law, or that paleontological fossils have not been excavated according to the approved excavation plan.
Chapter III Collection of paleontological fossils
Article 20 A collection unit of paleontological fossils shall meet the following conditions:
(1) having fixed museum sites, special exhibition rooms and storage places for collections of corresponding size;
(2) Having a corresponding number of paleontological or related professional technicians with relevant research results;
(3) having the technology, techniques and equipment to prevent natural damage to paleontological fossils;
(4) having a complete fire prevention, anti-theft and other facilities, equipment and perfect security management system;
(5) Having the funds necessary to maintain normal operation.
The departments in charge of natural resources of the people's governments at or above the county level shall strengthen the administration, supervision and inspection of paleontological fossil collection units.
Article 21 The competent department of natural resources under The State Council shall be responsible for establishing national archives and databases of paleontological fossils under key protection. The competent departments of natural resources under the local people's governments at or above the county level shall be responsible for establishing the archives and databases of paleontological fossils under key protection in their respective administrative areas.
A collection unit shall establish archives of paleontological fossils collected by the unit, and truthfully describe and mark the collected paleontological fossils.
Article 22 The State encourages units and individuals to donate their collections of paleontological fossils under key protection to eligible collection units for collection.
Except for the transfer, exchange and donation of paleontological fossils under special protection between collection units, no other unit or individual may buy or sell paleontological fossils under special protection. The sale of paleontological fossils under general protection shall be carried out in places designated by local people's governments at or above the county level. Specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 23 No state-owned collection unit may transfer, exchange or donate its collection of key protected paleontological fossils to a non-state-owned collection unit or individual.
No unit or individual may transfer, exchange, donate or pledge paleontological fossils under special protection in their collections to foreigners or foreign organizations.
Article 24 Where collection units transfer, exchange or donate paleontological fossils under special protection in their collections, they shall file a record with the competent department of natural resources under The State Council afterwards. Specific measures shall be formulated by the department in charge of natural resources under The State Council.
Article 25 The departments of public security, market supervision and administration, customs and other departments shall register and record the paleontological fossils confiscated according to law, properly keep them, and hand them over to the competent departments of natural resources at the same level within 30 working days after the conclusion of the case. The competent department of natural resources that accepts the transfer shall issue a receipt and hand over the received paleontological fossils to a qualified collection unit for collection.
Paleontological fossils under general protection that are no longer collected by state-owned collection units shall be disposed of in accordance with the provisions of the department in charge of natural resources under The State Council.
Chapter IV Entry and exit of paleontological fossils
Article 26 No unnamed palaeontological fossil may leave the country.
Paleontological fossils under special protection may not leave the country until they meet one of the following conditions and are approved by the competent department of natural resources under The State Council:
(1) Cooperation with relevant foreign research institutions is necessary for scientific research;
(2) where it is necessary for scientific and cultural exchanges to hold exhibitions abroad.
General protection of paleontologically protected fossils may not be exited until approved by the competent department of natural resources of the people's government of the province, autonomous region or municipality directly under the Central Government.
Article 27 An application for the exit of paleontologies shall be submitted to the department in charge of natural resources under The State Council or the department in charge of natural resources under the people's government of a province, autonomous region or municipality directly under the Central Government, and a list and photos of the exit of paleontologies shall be submitted. The exit application shall include the basic information of the applicant and the exit place, exit purpose and exit time of the paleontological fossil.
When applying for the exit of a paleontological fossil under special protection, the applicant shall also provide the basic information of the foreign cooperative unit and the contract for cooperative scientific research or exhibition, as well as the emergency protection plan, protection measures, insurance certificate and other materials of the paleontological fossil.
Article 28 Where an application for the exit of a paleontological fossil under special protection is made, the competent department of natural resources under The State Council shall send the application materials to the National Paleontological Fossil Expert Committee within 3 working days from the date of acceptance of the application. The State Expert Committee on Palaeontological fossils shall, within 10 working days from the date of receipt of the application materials, identify the key protected palaeontological fossils applied for exit, confirm the species, quantity and integrity of the palaeontological fossils, and issue a written appraisal opinion. The appraisal opinions shall be used as an important basis for whether to approve the exit of paleontological fossils under special protection.
The competent department of natural resources under The State Council shall, within 20 working days from the date of acceptance of the application, complete the examination, and if the prescribed conditions are met, make a decision to approve exit; If it does not meet the prescribed conditions, it shall notify the applicant in writing and explain the reasons.
Article 29 Where an application is made for the exit of a paleontological fossil under general protection, the competent department of natural resources of the people's government of a province, autonomous region or municipality directly under the Central Government shall, within 20 working days from the date of acceptance of the application, complete the examination, and if it agrees to leave the country, make a decision to approve the exit; If he does not agree to leave the country, he shall notify the applicant in writing and explain the reasons.
Article 30 The valid period of exit approval documents for paleontological fossils is 90 days; If the period of validity expires, a new application for exit shall be filed.
The period of stay of key paleontological fossils abroad generally does not exceed 6 months; If it is really necessary to extend the period of stay abroad due to special circumstances, it shall apply to the competent department of natural resources under The State Council for extension 60 days before the expiration of the period of stay abroad. The extension period shall not exceed 6 months.
Article 31 Where a paleontological fossil under special protection has been approved for exit and enters the country after exit, the applicant shall, within 5 days from the date of completing the entry customs formalities, apply to the department in charge of natural resources under The State Council for entry verification.
The competent department of natural resources under The State Council shall, within 3 working days from the date of acceptance of the application, send the application materials to the National Paleontological Fossil Expert Committee. The State Expert Committee on Palaeontological fossils shall, within 5 working days from the date of receipt of the application materials, make an identification of the key protected palaeontological fossils that have entered the country after leaving the country, and issue a written appraisal opinion. The appraisal opinions should be used as an important basis for the conclusion of the entry verification of paleontological fossils under key protection.
The competent department of natural resources under The State Council shall, within 15 working days from the date of accepting the application, complete the verification and draw the verification conclusion; The applicant shall be ordered to recover the original exit key protection paleontological fossils confirmed as non-original exit key protection.
Article 32 The temporary entry of paleontology-fossils from abroad shall be handed over to the Customs for sealing, and the relevant units or individuals within the territory shall apply to the department in charge of natural resources under The State Council for verification and registration within 5 days from the date of completing the entry customs formalities themselves. If the competent department of natural resources under The State Council verifies that the customs seals are intact, it shall take photos and register them one by one.
If a paleontophyte fossil temporarily entered into China leaves the country after its entry, the relevant units or individuals within the territory shall apply to the department in charge of natural resources under The State Council for verification. The competent department of natural resources under The State Council shall, in accordance with the procedures prescribed in paragraph 2 of Article 31 of these Regulations, complete the verification within 15 working days from the date of acceptance of the application, and approve the exit of the paleontological fossils confirmed to be originally temporarily imported.
Where paleontological fossils obtained from abroad are brought into the territory by units or individuals within the territory, they shall declare to the Customs and complete entry formalities in accordance with the relevant provisions of Customs administration.
Article 33: Those transporting, mailing or carrying paleontotic fossils out of China shall truthfully declare to the Customs and submit to the Customs exit approval documents issued by the competent department of natural resources under The State Council or the competent department of natural resources under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Where there is reason to suspect that the articles belong to paleontologies, the Customs may require relevant units or individuals to apply to the department in charge of natural resources under The State Council or the department in charge of natural resources under the people's government of the province, autonomous region or municipality directly under the Central Government where the exit port is located for a certificate of whether they belong to paleontologies.
Article 34 The State shall have the right to recover a paleontological fossil that has left the country illegally.
The competent department of natural resources under The State Council shall, on behalf of the State, be specifically responsible for the work of recourse. The foreign affairs, public security, customs and other departments under The State Council shall cooperate with the competent department of natural resources under The State Council to do a good job in tracing the illegal exit of paleontologist fossils.
Chapter V Legal liability
Article 35 Where the competent departments of natural resources of the people's governments at or above the county level and their staff commit any of the following acts, the persons directly in charge and other persons directly responsible shall be given sanctions according to law; If the person directly in charge and other persons directly responsible constitute a crime, they shall be investigated for criminal responsibility according to law:
(1) failing to approve the excavation of paleontological fossils in accordance with the provisions of these Regulations;
(2) failing to approve the exit of paleontological fossils in accordance with the provisions of these Regulations;
(3) failing to investigate and deal with acts found to violate the provisions of these Regulations, or failing to handle reports according to law;
(4) other acts that fail to perform the duties of supervision and administration according to law.
Article 36 Any unit or individual that commits any of the following acts shall be ordered by the competent department of natural resources of the people's government at or above the county level to stop the excavation, to make corrections within a time limit, to confiscate the excavated palaeofossils, and to impose a fine of not less than 200,000 yuan but not more than 500,000 yuan; If the act constitutes a violation of the administration of public security, the public security organ shall impose a punishment for the administration of public security according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) excavating paleontological fossils without approval;
(2) failing to excavate paleontological fossils in accordance with the approved excavation plan.
If there is an act in item (2) of the preceding paragraph, and the circumstances are serious, the decision approving the excavation shall be revoked by the department in charge of natural resources that approved the excavation.
Article 37 Where a paleontological fossil excavation unit fails to hand over excavated paleontological fossils in accordance with regulations, the department in charge of natural resources that approved the excavation of paleontological fossils shall order rectification within a time limit; Those who fail to make corrections within the time limit or cause damage to paleontologic fossils shall be fined not less than 100,000 yuan but not more than 500,000 yuan; If the person directly in charge and other persons directly responsible constitute a crime, they shall be investigated for criminal responsibility according to law.
Article 38 Where a collection unit of paleontological fossils does not meet the collection requirements, it shall be ordered by the competent department of natural resources of the people's government at or above the county level to make corrections within a time limit; Those who fail to make corrections within the time limit shall be fined not less than 50,000 yuan but not more than 100,000 yuan; If the safety of the key protected paleontological fossils in its collection has been seriously affected, the competent department of natural resources under The State Council shall designate a qualified collection unit to collect on its behalf, and the expenses for such collection shall be borne by the original collection unit.
Article 39 Where a paleontological fossil collection unit fails to establish the paleontological fossil archives collected by the unit in accordance with the provisions, the competent department of natural resources of the people's government at or above the county level shall order rectification within a time limit; Those who fail to make corrections within the time limit shall have the relevant paleontological fossils confiscated and be fined 20,000 yuan.
Article 40 Where a unit or individual, in violation of regulations, buys or sells paleontological fossils under special protection, the market supervision and administration department shall order rectification within a time limit, confiscate the illegal gains and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If the act constitutes a violation of the administration of public security, the public security organ shall impose a punishment for the administration of public security according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 41 Where a state-owned collection unit illegally transfers, exchanges or gives its collection of key protected paleontological fossils to a non-state-owned collection unit or individual, the competent department of natural resources of the people's government at or above the county level shall impose a fine of not less than 200,000 yuan but not more than 500,000 yuan on the state-owned collection unit, and impose sanctions on the persons directly in charge and other persons directly responsible according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 42 Where units or individuals transfer, exchange, donate or pledge paleobiological fossils under special protection in their collections to foreigners or foreign organizations, the competent department of natural resources of the people's government at or above the county level shall order them to recover within a time limit and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan on individuals and a fine of not less than 100,000 yuan and not more than 500,000 yuan on units; If there are illegal gains, the illegal gains shall be confiscated; If the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 43 Any unit or individual that has not obtained approval to transport, mail or carry a paleontological fossil out of China shall be dealt with by the Customs in accordance with the provisions of relevant laws and administrative regulations. If the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 44 Personnel of the departments in charge of natural resources of the people's governments at or above the county level, other relevant departments, or personnel of state-owned museums, scientific research institutions, institutions of higher learning, other collection units and excavation units who, by taking advantage of their positions, illegally occupy state-owned paleontological fossils as their own shall be punished according to law. The competent departments of natural resources of the people's governments at or above the county level shall recover the illegally occupied paleontological fossils; If there are illegal gains, the illegal gains shall be confiscated; If the case constitutes a crime, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 45 These Regulations shall come into force as of January 1, 2011.