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Article 1. The present Provisions are formulated in accordance with the Law of the People's Republic of China on Protection of Cultural Relics, the Auction Law of the People's Republic of China, the Regulation for the Implementation of the Law of the People's Republic of China on Protection of Cultural Relics and other relevant laws and regulations in order to strengthen the regulation and administration of cultural relic auction, and protect the historical and cultural legacy of our motherland. Article 2. The auctions with the following articles or goods as the objects of auction shall be governed by the present Provisions: (1) all kinds of works of art and handicraft articles made before 1949; (2) documents, manuscripts, books and materials of historical, artistic or scientific value, which were made before 1949; (3) representative material objects made before 1949 which reflect the social system, social production or the life of various nationalities; (4) material objects made after 1949, which are related to major historical events, revolutionary movements or famous people and are highly memorable or of great significance for education or for the preservation of historical data; (5) works after 1949 by famous Chinese calligraphers and artists who have passed away, which are listed in the scope of those restricted by the State Cultural Relics Bureau from exiting. Article 3. If a lawfully established auction enterprise engages in the auction of the cultural relics listed in Article 2 of the present Provisions (hereinafter referred to cultural relic auction enterprise), it must, after being examined, verified and approved by the administrative department of cultural relics of the province, autonomous region or municipality directly under the Central Government where it is located, apply to the State Cultural Relics Bureau for the cultural relic auction permit. Article 4. An applicant shall provide the following materials when applying for a cultural relic auction permit: (1) at the establishment of the auction enterprise, the examination, verification and permission documents issued by the auction administrative department of the province, autonomous region or municipality directly under the Central Government where the applicant is located, and a photocopy of the business license issued by the administrative department for industry and commerce; (2) the proof on verification of the registered capital; (3) the proof materials on the qualifications of 5 or more persons who have obtained the senior professional technical title of cultural relic auction; and (4) the opinions of examination and verification by the administrative department of cultural relics of the province, autonomous region or municipality directly under the Central Government where the applicant is located. Article 5. The State Cultural Relics Bureau shall, within 30 working days as of the receipt of an application, make a decision on whether to grant the approval or not. If it decides to grant the approval, it shall issue the cultural relic auction permit; if it decides not to grant the approval, it shall notify the applicant in writing and state the reason thereof. The cultural relic auction permit shall not be leased, lent or transferred. Article 6. A professional who engages in cultural relic auction shall meet the following conditions and be qualified as a professional for cultural relic auction: (1) to be familiar with the laws, regulations and rules of the State on protection of cultural relics; (2) to have the knowledge and appraising ability for protection of cultural relics; and (3) to have the knowledge and ability for carrying out the cultural relic auction. Article 7. The qualifications of a professional engaging in cultural relic auction shall be ascertained by the State Cultural Relics Bureau. If a professional is ascertained as qualified, the qualification certificate for the professional in cultural relic auction shall be issued. Article 8. The State Cultural Relics Bureau shall hold annual examinations on the auction enterprises which have obtained the cultural relic auction permit and on the persons who have obtained the qualification certificate for the professional in cultural relic auction. Article 9. A cultural relic auction enterprise shall, by the end of March in each year, submit the annual examination form to the administrative department of cultural relics under the people's government of the province, autonomous region or municipality directly under the Central Government where it is located. The administrative department of cultural relics under the people's government of the province, autonomous region or municipality directly under the Central Government shall render its opinions of preliminary examination on the basis of the business operation of the enterprise and the work experience of the professionals in cultural relic auction, and then report to the State Cultural Relics Bureau; the State Cultural Relics Bureau shall make a conclusion on whether it is qualified or not through the annual examination, and promulgate an announcement. Article 10. The cultural relics auctioned by a cultural relic auction enterprise must, before the auction, be examined and verified by the administrative department of cultural relics under the people's government of the province, autonomous region or municipality directly under the Central Government where it is located. The administrative department of cultural relics under the people's government of the province, autonomous region or municipality directly under the Central Government shall, when examining and verifying the objects of auction, seek opinions from the relevant professional cultural relic institutions or experts. If no consensus can be reached, the auction shall be submitted to the State Cultural Relics Bureau for examination and verification. The administrative department of cultural relics shall not be responsible for issuing the authenticity proof or price valuation proof on the cultural relic objects of auction. The experts attending the examination and verification of a cultural relic object of auction shall not hold any position in a cultural relic auction enterprise. Article 11. The administrative department of cultural relics under the people's government of the province, autonomous region or municipality directly under the Central Government shall, 15 days before the auction notice is announced, submit the documents on the object of auction and the opinions of examination and verification to the State Cultural Relics Bureau for record. Article 12. The following cultural relics shall not be considered cultural relic objects of auction: (1) the cultural relics excavated inside the territory of China which shall be turned in to the State in accordance with the law; (2) the cultural relics which shall, in accordance with the law, be transferred to the administrative department of cultural relics, including those lawfully confiscated or recovered by the law enforcement organs of the State at all levels in investigating illegal or criminal activities; (3) cultural relics selected by banks, smelteries, paper mills and waste materials recycling entities; (4) cultural relics collected and preserved by State-owned cultural relic collection entities and other State organs, armed forces, State-owned enterprises and public institutions; (5) valuable cultural relics preserved by State-owned cultural relic selling entities; (6) non-State-owned valuable cultural relics collected in the preservation entities; (7) cultural relics with the owner's right of disposal in dispute; or (8) other cultural relics which shall not be circulated prescribed in law. Article 13. A cultural relic auction enterprise may, in order to make the bidders know whether a cultural relic object of auction is permitted to be brought out of China, seek opinions from the institution for examination and verification of entry and exit of cultural relics in advance. If the vendee intends to bring the cultural relics out of China, he must separately go through the examination and verification formalities for exit of cultural relics in accordance with the law. Article 14. If a cultural relic auction enterprise brings the cultural relic objects of auction which are collected abroad into China, it shall declare to the customs, and shall, after the customs has sealed up the cultural relics, deliver them to the party concerned, and the party concerned shall report to the institution for examination and verification of entry and exit of cultural relics for going through temporary entry formalities. The period for cultural relics of temporary entry to stay inside the territory of China shall usually not exceed 12 months. In case of any particular need, the formalities of extension shall be gone through, with the extended period not exceeding 6 months. Article 15. When an auction bargain concerning a cultural relic object coming from abroad is made and the said object of auction needs to go out of China, the formalities shall be gone through in accordance with the provisions of the State regarding private persons' bringing cultural relics to go out of China if any of the following circumstances is met: (1) the vendee is a domestic citizen or a legal person; or (2) the period of stay inside the territory of China exceeds the time limit prescribed in Article 14 of the present Provisions. Article 16. The State enjoys the prior purchasing right over the valuable cultural relics auctioned by the cultural relic auction enterprises. The State Cultural Relics Bureau and the administrative department of cultural relics of the province, autonomous region or municipality directly under the Central Government may ask an auction enterprise to auction in an orientated way the cultural relics which are of particularly important historical, scientific or artistic value, and the bidders may be limited only to State-owned cultural relic collection entities. Article 17. A cultural relic auction enterprise shall, within 30 days after the end of a cultural relic auction, submit the records of the cultural relic auction to the administrative department of cultural relics of the province, autonomous region or municipality directly under the Central Government where it is located for record in accordance with Paragraph 1 of Article 43 of the Regulation for the Implementation of the Law of the People's Republic of China on Protection of Cultural Relics. The auction records on the cultural relics purchased by the State in priority shall be submitted by the administrative department of cultural relics of the province, autonomous region or municipality directly under the Central Government to the State Cultural Relics Bureau for record. Article 18. A cultural relic auction enterprise shall not, without the approval of the administrative department of cultural relics of the province, autonomous region or municipality directly under the Central Government, hold any cultural relic auction by way of the Internet. A cultural relic auction enterprise that is approved to hold a cultural relic auction by the Internet shall, when carrying out the cultural relic auction, abide by the present Provisions. Article 19. If a cultural relic auction enterprise violates the present Provisions, it shall be ordered by the administrative department of cultural relics to make a correction. If the case is serious, its permit shall be suspended by the original organ that issued the permit. Article 20. The present Provisions shall come into force on the date of their promulgation. |
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