Regulation on the Protection of Fossils
(Promulgated by Order No. 580 of the State Council of the People's Republic of China on September 5 2010; revised in accordance with the Decision of the State Council to Amend Some Administrative Regulations on March 2 2019)
Chapter I General Provisions
Article 1 This Regulation is formulated for the purpose of strengthening the protection of fossils and facilitating the scientific research and reasonable utilization of fossils.
Article 2 This Regulation shall apply to the fossil excavation and collection activities within the territory of the People's Republic of China and in other sea areas under the jurisdiction of the People's Republic of China as well as the entry and exit of fossils.
The term "fossil" as mentioned in this Regulation refers to the body fossils and trace fossils of animals and plants formed in the past periods of geological history and preserved in the earth's crust.
Fossils of ancient apes paleoanthropologicals and ancient vertebrates of the Quaternary Period relevant to human activities shall be protected pursuant to the relevant state provisions on the protection of cultural relics.
Article 3 Fossils preserved within the territory of the People's Republic of China and in other sea areas under the jurisdiction of the People's Republic of China shall be owned by the state.
Fossils collected by state-owned museums scientific research institutes institutions of higher learning and other entities as well as fossils donated by entities and individuals to the State shall be owned by the State and the ownership thereof will not be altered by the termination or modification of their collectors.
Article 4 For the protection of fossils the state implements the principle of classified management key protection giving priority to scientific research and reasonable utilization.
Article 5 The land and resources department of the State Council is responsible for the nationwide protection of fossils. The land and resources departments of the local people's governments at or above the county level shall be responsible for the protection of fossils within their respective administrative regions.
The public security departments the industry and commerce departments and other relevant departments of the people's governments at or above the county level shall undertake the responsibility for the protection of fossils within their respective scopes of functions and duties.
Article 6 The land and resources department of the State Council shall form a National Fossil Expert Commission composed of experts recommended by the relevant departments of the State Council and the Paleontological Society of China. The Commission shall be responsible for making a list of fossils under special protection providing advisory services for the establishment of national nature reserves of fossils reviewing fossil excavation applications identifying specially protected fossils that enter or exit the country etc. The specific measures shall be formulated by the land and resources department of the State Council.
Article 7 According to their importance to biological evolution and classification fossils are divided into specially protected ones and normally protected ones.
The following fossils which are of great significance to scientific research or are rare shall be put on the list of specially protected fossils:
(1) Type specimen of named fossil genus and species;
(2) Body fossils of ancient vertebrates preserved whole or almost whole;
(3) Large-size or centralized higher plant fossils palaeoin vertebrate fossils and footprints or other traces of ancient vertebrates;
(4) Other fossils as determined by the land and resources department of the State Council to be specially protected.
The list of specially protected fossils shall be drafted by the National Fossil Expert Commission and be approved and announced by the land and resources department of the State Council.
Article 8 National nature reserves of fossils shall be established in areas concentrated with specially protected fossils. For an area concentrated with normally protected fossils if any specially protected fossil has been discovered there a local nature reserve of fossils shall be established. The procedure for establishing nature reserves of fossils shall be governed by the Regulations of the People's Republic of China on Nature Reserves.
Before establishing a national nature reserve of fossils it is required to solicit the opinion of the National Fossil Expert Commission.
Article 9 The people's governments at or above the county level shall strengthen leadership over the protection of fossils and bring the fossil protection outlay into the fiscal budget of the same level.
The people's governments at or above the county level shall organize the relevant departments to popularize knowledge about the protection of fossils improve the general public's fossil protection awareness and reward entities and individuals that make outstanding achievements in the protection of fossils pursuant to the relevant state provisions.
Chapter II Excavation of Fossils
Article 10 Fossils can be excavated only when it is necessary for scientific research teaching science popularization or the rescue protection of fossils. Fossil excavators shall meet the requirements set forth in Paragraph 2 of Article 11 of this Regulation and obtain approval pursuant to this Regulation.
For the purpose of this Regulation the term "excavation" refers to activities with a certain working face of digging fossils with machines or other power tools.
Article 11 To excavate fossils in the national nature reserves of fossils or to excavate specially protected fossils in other areas one should apply to the land and resources department of the State Council and obtain the approval thereof. To excavate normally protected fossils outside the national nature reserves of fossils one should apply to the land and resources department of the people's government of the province autonomous region or municipality directly under the Central Government at the locality of the fossils and obtain the approval thereof.
An entity applying for excavating fossils shall meet the following requirements and submit evidentiary materials proving its satisfaction of these requirements together with a brief introduction to the excavation project an excavation plan a specimen preservation plan and a plan for restoring the ecological conditions of the excavation area:
(1) Having at least three technical personnel who own professional and technical titles in paleontology or related fields and have at least three years' experience in fossil excavation (and at least one of them has a senior title in paleontology as the leader of the excavation team);
(2) Having facilities and equipment necessary for fossil excavation;
(3) Having processing technologies or techniques required for fossil protection;
(4) Having facilities equipment and sites necessary for the safekeeping of fossils.
Article 12 The land and resources department of the State Council shall within three workdays after accepting an application submit the application materials to the National Fossil Expert Commission. The National Fossil Expert Commission shall give a written review opinion within 10 workdays after receiving the materials. The review opinion shall be taken as an important basis for deciding whether to approve the fossil excavation or not.
The land and resources department of the State Council shall finish examination within 30 workdays after accepting an application. If the applicant meets the requirements specified in Paragraph 2 of Article 11 of this Regulation and the excavation plan the specimen preservation plan and the plan for restoring the ecological conditions of the excavation area are feasible it shall approve the application; if not it shall notify the applicant in writing and give reasons.
Before approving a fossil excavation application the land and resources department of the State Council shall solicit the opinion of the land and resources department of the people's government of the province autonomous region or municipality directly under the Central Government at the locality of fossils; after approving the application it shall notify the land and resources department of the people's government of the province autonomous region or municipality directly under the Central Government at the locality of fossils of the relevant situations.
Article 13 The land and resources department of the people's government of a province autonomous region or municipality directly under the Central Government shall after accepting a fossil excavation application go through the examination and approval procedures according to the time limit and requirement specified in Paragraph 2 Article 12 of this Regulation and hear the opinions of paleontologists.
Article 14 A fossil excavation entity shall stick to the approved excavation plan. If it really needs to change the plan it shall report to the land and resources department which approved the original plan for approval.
Article 15 A fossil excavation entity shall within 30 days upon the end of the excavation scientific research or teaching activity registers the unearthed fossils in detailed lists make corresponding desc
Article 16 Approval is not required for regional geological surveys or the sporadic collection of paleontological fossil specimens due to scientific research and teaching needs by scientific research institutions colleges and universities. However prior to the start of the collection activities the time location and number of collections should be notified in writing to the natural resources department of the people's government of the province autonomous region or municipality where the paleontological fossils are located. The collection of collected paleontological fossils shall comply with the provisions of the regulations.
The sporadic collection mentioned in the Regulations refers to activities that use hand-held non-mechanical tools to excavate a very small amount of paleontological fossils on the surface without affecting the surface and other resources.
Article 17 Foreigners and foreign organizations can only excavate paleontological fossils in the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China for the needs of 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 the form of cooperation with Chinese entities that meet the conditions specified in the second paragraph of Article 11 of the Regulations and shall abide by the regulations concerning the excavation collection entry and exit of paleontological fossils.
Article 18 If units and individuals discover paleontological fossils during production construction and other activities they shall protect the site and immediately report to the natural resources department of the local people's government at or above the county level.
After receiving the report the natural resources department of the local people's government at or above the county level shall arrive at the site within 24 hours and put forward its handling opinions within 7 days. If it is really necessary the local people's government can be reported to notify the public security organs to assist in protecting the site. If fossils of paleontology under key protection are found they should be reported to the competent department of natural resources under the State Council level by level and the competent department of natural resources under the State Council will put forward handling opinions.
If salvage excavation is required for paleontological fossils found in activities such as production construction etc. the natural resources competent department that puts forward the treatment opinions shall organize the excavation by units that meet the conditions specified in the second paragraph of Article 11 of the Regulations.
Article 19 The natural resources department of the people's government at or above the county level shall strengthen the supervision and inspection of paleontological fossil excavation activities. If it is discovered that paleontological fossils have been excavated without authorization or not in accordance with the approved excavation plan they shall be dealt with in accordance with the law.
Chapter III Paleontological Fossil Collection
Article 20 A collection unit of paleontological fossils shall meet the following conditions:
(1) Having a fixed site a dedicated exhibition room and a collection storage place with a corresponding area;
(2) Having a corresponding number of technicians in paleontology or related majors with relevant research results;
(3) Having technologies techniques and equipment to prevent the natural destruction of paleontological fossils;
(4) Having complete fire prevention anti-theft and other facilities equipment and improved safety and security management systems; and
(5) Having the funds needed to maintain normal operations.
The natural resources department of the people's government at or above the county level shall strengthen the management supervision and inspection of paleontological fossil collection units.
Article 21 The natural resources administration department under the State Council shall be responsible for establishing national key protected paleontological fossil archives and databa
Collection units shall establish archives of paleontological fossils collected by their own units and truthfully describe and mark the collected paleontological fossils.
Article 22 The state encourages units and individuals to donate their collection of key protected paleontological fossils to eligible collection units.
Except for the key protected paleontological fossils that are transferred exchanged and donated between collection units no other unit or individual may buy or sell key protected paleontological fossils. The buying and selling of fossils of paleontology 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 State-owned collection units may not transfer exchange or donate their collections of key protected paleontological fossils to non-state-owned collection units or individuals.
No unit or individual may transfer exchange donate or pledge its collection of key protected paleontological fossils to foreigners or foreign organizations.
Article 24 If the key protected paleontological fossils that are transferred exchanged and donated between collection units they shall be filed with the competent department of natural resources under the State Council afterwards. Specific measures shall be formulated by the competent department of natural resources under the State Council.
Article 25 The public security market supervision and management customs and other departments shall keep records of the paleontological fossils confiscated according to law keep them properly and transfer them to the competent department of natural resources at the same level within 30 working days after the case is closed. The competent department of natural resources that accepts the handover shall issue a receipt and hand over the received paleontological fossils to eligible collection units for collection.
The general protected paleontological fossils that are no longer collected by the state-owned collection unit shall be disposed of in accordance with the regulations of the competent department of natural resources under the State Council.
Chapter IV Entry and Exit of Paleontological Fossils
Article 26 Unnamed paleontological fossils shall not be exported.
The key protected paleontological fossils that meet one of the following conditions can only leave the country after being approved by the competent department of natural resources under the State Council:
(1) To cooperate with relevant foreign research institutions due to scientific research;
(2) To conduct exhibitions abroad due to scientific and cultural exchanges.
Fossils of paleontology that are generally protected can be exported only after the approval of the competent department of natural resources under the people's government of the province autonomous region or municipality where they are located.
Article 27 If applying for the export of paleontological fossils the applicant shall file an exit application with the competent department of natural resources under the State Council or competent department of natural resources under the people's government of the province autonomous region or municipality directly under the Central Government and submit the list and photos of the paleontological fossils to be exported. The exit application shall include the basic information of the applicant the exit location of the paleontological fossil the exit purpose the exit time etc.
If applying for key protection of paleontological fossils to leave the country the applicant shall also provide the basic information of the foreign partner and cooperative scientific research contract or exhibition contract as well as the emergency protection plan protection measures insurance certificate and other materials of paleontological fossils.
Article 28 If an application is made for key protection of paleontological fossils to leave the country 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 accepting the application. The National Paleontological Fossil Expert Committee shall within ten working days from the date of receipt of the application materials appraise the key protected paleontological fossils applied for exit confirm the species quantity and integrity of the paleontological fossils and issue a written appraisal opinion. The appraisal opinion shall serve as an important basis for whether to approve the exit of key protected paleontological fossils.
The competent department of natural resources under the State Council shall complete the examination within 20 working days from the date of acceptance of the application and make a decision to approve the exit if the prescribed conditions are met. If the requirements are not met the applicant shall be notified in writing and the reasons shall be explained.
Article 29 For applications for general protection of paleontological fossils to leave the country the natural resources department of the people's government of the province autonomous region or municipality directly under the Central Government shall complete the examination within 20 working days from the date of acceptance of the application. If the general protection of paleontological fossils is not approved for export the applicant shall be notified in writing and the reasons shall be explained.
Article 30 The validity period of the approval document for the export of paleontological fossils is 90 days. If the paleontological fossils are exported beyond the validity period they shall re-apply for export.
The period of stay of key paleontological fossils abroad generally does not exceed 6 months. If it is really necessary to extend the stay abroad due to special circumstances it shall apply to the competent department of natural resources under the State Council for an extension 60 days before the expiration of the stay abroad. The maximum extension period shall not exceed 6 months.
Article 31 If the key protected paleontological fossils that have been approved for exit enter the country after exiting the country the applicant shall apply to the competent department of natural resources under the State Council for entry inspection within 5 days from the date of completing the entry customs formalities.
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 National Paleontological Fossil Expert Committee shall appraise the key protected paleontological fossils that enter the country after exiting the country within 5 working days from the date of receipt of the application materials and issue a written appraisal opinion. The appraisal opinion shall serve as an important basis for the conclusion of the inspection of the entry of key protected paleontological fossils.
The competent department of natural resources under the State Council shall complete the inspection within 15 working days from the date of acceptance of the application and make a conclusion of the inspection. If it is confirmed that it is not the original key protected paleontological fossil for exit the applicant shall be ordered to recover the original key protected paleontological fossil for exit.
Article 32 For the temporary entry of paleontological fossils from abroad they shall be sealed by the customs and relevant domestic units or individuals shall apply to the competent department of natural resources under the State Council for verification and registration within 5 days from the date of completing the entry customs formalities. The competent department of natural resources under the State Council shall take pictures and register one by one if the customs seal is intact.
If the paleontological fossils that enter the country temporarily and leave the country after entering the country the relevant units or individuals in the country shall apply to the competent department of natural resources under the State Council for verification. The competent department of natural resources under the State Council shall complete the verification within 15 working days from the date of acceptance of the application in accordance with the procedures prescribed in the second paragraph of Article 31 of the Regulations. For paleontological fossils confirmed as originally temporarily imported the exit shall be approved.
If domestic entities or individuals obtain paleontological fossils imported from abroad they shall declare to the customs and go through the entry formalities in accordance with the relevant regulations of customs administration.
Article 33 Those who transport mail or carry paleontological fossils out of the country shall truthfully declare to the customs and submit to the customs the exit approval documents of the competent department of natural resources under the State Council or the natural resources department of the people's government of the province autonomous region or municipality directly under the Central Government.
Where there is reason to suspect that items belonging to paleontological fossils are exported the customs may require relevant units or individuals to apply to the competent department of natural resources under the State Council or the natural resources department of the people's government of the province autonomous region or municipality where the exit port is located for certification documents of whether they are paleontological fossils.
Article 34 The State shall have the right to recourse against paleontological fossils that have been exported illegally.
The competent department of natural resources under the State Council is specifically responsible for the recourse work on behalf of the country. 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 the recovery of illegally exported paleontological fossils.
Chapter V Legal Liability
Article 35 If the natural resources department under the people's government at or above the county level and its staff commit one of the following acts the directly responsible person in charge and other directly responsible persons shall be punished according to law. If the directly responsible person in charge and other directly responsible persons constitute a crime they shall be investigated for criminal responsibility in accordance with the law:
(1) Failure to approve the excavation of paleontological fossils in accordance with the regulations;
(2) Failure to approve the export of paleontological fossils in accordance with the provisions of the regulations;
(3) Failing to investigate and deal with violations of the provisions of these Regulations or if a report is received that is not handled according to law;
(4) Other acts that fail to perform supervision and management duties in accordance with the law.
Article 36 If a unit or individual commits one of the following acts the natural resources department of the people's government at or above the county level shall order it to stop excavation make corrections within a time limit fail to send or receive the excavated paleontological fossils and impose a fine of not less than RMB 200000 but not more than RMB 500000. If it constitutes a violation of public security management the public security organ shall impose public security management penalties in accordance with the law. If a crime is constituted 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 natural resource authority that approved the excavation of paleontological fossils shall revoke the decision to approve the excavation.
Article 37 If the paleontological fossil excavation unit fails to hand over the paleontological fossils for excavation in accordance with the regulations the natural resources department that approved the paleontological fossil excavation shall order it to make corrections within a time limit. If no correction is made within the time limit or paleontological fossils are damaged a fine of not less than RMB 100000 but not more than RMB 500000 shall be imposed. If the directly responsible person in charge and other directly responsible persons constitute a crime they shall be investigated for criminal responsibility in accordance with the law.
Article 38 If a paleontological fossil collection unit does not meet the requirements for collecting paleontological fossils the natural resources department of the people's government at or above the county level shall order it to correct within a time limit. If no correction is made within the time limit a fine of not less than RMB 50000 but not more than RMB 100000 shall be imposed. If the safety of the key protected paleontological fossils in the collection has been seriously affected the competent department of natural resources under the State Council shall designate a qualified collection unit for the collection and the cost of the collection shall be borne by the original collection unit.
Article 39 If a paleontology fossil collection unit fails to establish its collection of paleontology fossil archives in accordance with regulations the natural resources department of the people's government at or above the county level shall order it to make corrections within a time limit. If the correction is not made within the time limit the paleontological fossils will be confiscated and a fine of RMB 20000 will be imposed.
Article 40 If a unit or individual buys and sells key protected paleontological fossils in violation of regulations the market supervision and management department shall order them to make corrections within a time limit confiscate the illegal gains and impose a fine of not less than RMB 50000 but not more than RMB 200000. If it constitutes a violation of public security management the public security organ shall impose public security management penalties in accordance with the law. If a crime is constituted criminal responsibility shall be investigated according to law.
Article 41 Where a state-owned collection unit illegally transfers exchanges or donates its collection of key protected paleontological fossils to non-state-owned collection units or individuals the natural resources department of the people's government at or above the county level imposes a fine of not less than RMB 200000 but not more than RMB 500000 on state-owned collection units. The directly responsible persons in charge and other directly responsible persons shall be punished according to law. If a crime is constituted criminal responsibility shall be investigated according to law.
Article 42 Where units or individuals transfer exchange donate or pledge their collection of key protected paleontological fossils to foreigners or foreign organizations the natural resources department of the people's government at or above the county level shall order them to recover them within a time limit. Individuals will be fined RMB 20000 but less than RMB 100000 and units RMB 100000 but less than RMB 500000 will be fined. If there are illegal gains the illegal gains shall be confiscated. If a crime is constituted criminal responsibility shall be investigated according to law.
Article 43 If an entity or individual fails to obtain approval to transport mail or carry paleontological fossils out of the country the customs shall handle it in accordance with the provisions of relevant laws and administrative regulations. If a crime is constituted criminal responsibility shall be investigated according to law.
Article 44 If the staff of the natural resources department of the people's government at or above the county level and other relevant departments or the staff of state-owned museums scientific research units institutions of higher learning other collection units and excavation units take advantage of their positions to illegally occupy state-owned paleontological fossils as their own they shall be punished in accordance with the law. The natural resources department of the people's government at or above the county level shall recover illegally possessed paleontological fossils. If there are illegal gains the illegal gains shall be confiscated. If a crime is constituted criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 45 The Regulations shall enter into force on January 1 2011.
