Regulations on the Protection of Paleontological Fossils
Chapter 1 General Provisions
Article 1 These Regulations are formulated in order to strengthen the protection of paleontological fossils and promote the scientific research and rational utilization of paleontological fossils.
Article 2 Those engaged in activities such as the excavation and collection of 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, as well as the import and export of paleontological fossils, must abide by these Regulations.
The term “paleontological fossils” as mentioned in these Regulations refers to the physical fossils and trace fossils of animals and plants that were formed during geological historical periods and exist in the strata.
The protection of ancient apes, ancient human fossils and Quaternary vertebrate paleontological fossils related to human activities is in accordance with the national cultural relics protection regulations Provisions are enforced.
Article 3: Paleontological fossils remaining within the territory of the People’s Republic of China and other sea areas under the jurisdiction of the People’s Republic of China belong to the state.
Paleontological fossils collected by state-owned museums, scientific research units, colleges and universities and other collection units, as well as paleontological fossils donated to the state by entities and individuals, belong to the state, and their ownership will not be changed by the termination or change of the collection unit.
Article 4: The state implements the principles of classified management, key protection, scientific research priority and rational utilization of paleontological fossils.
Article 5: The land and resources department of the State Council is responsible for the protection of paleontological fossils nationwide. The land and resources departments of local people's governments at or above the county level are responsible for the protection of paleontological fossils in their respective administrative regions.
The public security, industrial and commercial administration and other departments of the people's governments at or above the county level are responsible for the work related to the protection of paleontological fossils in accordance with their respective responsibilities.
Article 6: The land and resources department of the State Council is responsible for organizing and establishing the National Paleontology and Fossils Expert Committee. The National Paleontological Fossil Expert Committee is composed of experts recommended by relevant departments of the State Council and the Chinese Paleontological Society. It is responsible for the formulation of a list of key protected paleontological fossils, consultation on the establishment of a national paleontological fossil nature reserve, review of applications for paleontological fossil excavation, and the development of key protected paleontological fossils. Specific measures for outbound identification and other work shall be formulated by the land and resources department of the State Council.
Article 7: According to their importance in biological evolution and biological classification, paleontological fossils are divided into key protected paleontological fossils and generally protected paleontological fossils.
The following paleontological fossils that have important scientific research value or are rare in quantity should be listed as key protected paleontological fossils:
(1) Already named Type specimens of paleontological fossil species;
(2) Completely preserved or relatively complete solid fossils of ancient vertebrates;
(3) Large or concentrated trace fossils such as higher plant fossils, invertebrate fossils, and ancient vertebrate footprints;
(4) Other paleontological fossils that need key protection as determined by the land and resources department of the State Council.
The list of key protected paleontological fossils is drawn up by the National Expert Committee on Paleontological Fossils and approved and announced by the land and resources department of the State Council.
Article 8: Focus on protecting areas where paleontological fossils are concentrated, and establish national-level paleontological fossil nature reserves; generally protect areas where paleontological fossils are concentrated area, and where key protected paleontological fossils have been found in the area, a local-level paleontological fossil nature reserve should be established. 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 should be sought.
Article 9 People's governments at or above the county level shall strengthen leadership over the protection of paleontological fossils and list the funds required for the protection of paleontological fossils Included in the fiscal budget at this level.
People's governments at or above the county level should 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 In accordance with relevant national regulations, rewards will be given to units and individuals that have made outstanding achievements in the protection of paleontological fossils.
Chapter 2 Paleontology Fossil excavation
Article 10 Paleontological fossils may be excavated only for the needs of scientific research, teaching, science popularization or rescue protection of paleontological fossils. Excavation of paleontological fossils shall meet the conditions specified 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 certain workIn this regard, the activity of using machinery or other power tools to excavate paleontological fossils.
Article 11 Anyone who excavates paleontological fossils in a national paleontological fossil nature reserve or excavates key protected paleontological fossils in other areas must submit an application to the competent department of land and resources under the State Council and obtain approval; outside the national paleontological fossil nature reserve To excavate paleontological fossils under general protection, an application must be submitted to the land and resources department of the people's government of the province, autonomous region, or municipality directly under the Central Government where the paleontological fossils are located and approval must be obtained.
Units applying for excavation of paleontological fossils shall meet the following conditions and submit proof of compliance with the following conditions when submitting the application, as well as the excavation project overview, excavation plan, excavation specimen preservation plan and restoration plan for the natural ecological conditions of the excavation area:
(1) There are more than 3 technicians with paleontological majors or related professional technical titles and more than 3 years of experience in paleontological fossil excavation (at least one of them 1 technical staff has a senior professional title in paleontology and serves as the leader of excavation activities);
(2) Those that meet the needs of paleontological fossil excavation Facilities and equipment;
(3) There are processing technologies and processes suitable for the protection of paleontological fossils;
(4) Have facilities, equipment and places that meet the needs for the preservation of paleontological fossils.
Article 12 The competent department of land and resources under the State Council shall submit the application materials to the National Expert Committee on Paleontology and Fossils within 3 working days from the date of acceptance of the application. The National Expert Committee on Paleontology and Fossils shall issue a written review opinion within 10 working days from the date of receipt of the application materials. The review opinions should be used as an important basis for approving the excavation of paleontological fossils.
The competent department of land and resources under the State Council shall complete the review within 30 working days from the date of acceptance of the application, and ensure that the applicant meets the conditions specified in paragraph 2 of Article 11 of these Regulations. If the ecological condition restoration plan is feasible, it will be approved; if it does not meet the conditions, the applicant will be notified in writing and the reasons will be explained.
Before approving an application for excavation of paleontological fossils, the land and resources department of the State Council shall consult the land and resources director of the people's government of the province, autonomous region, or municipality directly under the Central Government where the paleontological fossils are located. After approving the excavation application, the department in charge of land and resources of the people's government of the province, autonomous region, or municipality directly under the Central Government where the paleontological fossils are located shall be notified of the approval of the excavation of paleontological fossils.
Article 13: When the land and resources departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government accept applications for the excavation of paleontological fossils, they shall review and approve the application in accordance with the time limit and requirements specified in paragraph 2 of Article 12 of these Regulations, and listen to the opinions of paleontological experts.
Article 14 Units that excavate paleontological fossils shall conduct excavations in accordance with the approved excavation plan; if it is really necessary to change the excavation plan, they shall report to the land and resources department that originally approved the excavation for approval.
Article 15 The unit that excavates paleontological fossils shall, within 30 days from the end of the excavation or scientific research, teaching and other activities, register the excavated paleontological fossils, make corresponding descriptions and labels, and transfer them to the country that approved the excavation. Collected by qualified collection units designated by the resource authorities.
Article 16 Those who conduct regional geological surveys or collect sporadically paleontological fossil specimens for scientific research or teaching needs by scientific research institutions, colleges and universities, etc., do not need to apply for approval. However, the collection time, collection location, and The collection quantity and other information shall be notified in writing to the land and resources department of the people's government of the province, autonomous region, or municipality directly under the Central Government where the paleontological fossils are located. The collection of collected paleontological fossils shall comply with the provisions of these regulations.
The term "sporadic collection" as mentioned in these regulations refers to activities that use hand-held non-mechanical tools to excavate very small amounts of paleontological fossils on the surface without affecting the surface and other resources.
Article 17 Only foreigners and foreign organizations may 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 due to the need for Sino-foreign cooperation in scientific research. Excavation of paleontological fossils shall be conducted with the approval of the land and resources department of the State Council, in cooperation with Chinese entities that meet the conditions specified in Article 11, Paragraph 2 of these Regulations, and in compliance with the regulations regarding the excavation, collection, import and export of paleontological fossils in these Regulations. Regulation.
Article 18: If units and individuals discover paleontological fossils during production, construction or other activities, they must protect the site and immediately report it to the land and resources department of the local people's government at or above the county level.
After receiving the report, the land and resources department of the local people's government at or above the county level shall rush to the scene within 24 hours and provide handling opinions within 7 days. If it is really necessary, you can request the local people's government to notify the public security organs to assist in protecting the scene. Any discovery of paleontological fossils under special protection shall be reported to the competent department of land and resources under the State Council step by step, and the department in charge of land and resources under the State Council shall provide handling opinions.
If the paleontological fossils discovered during production, construction and other activities require rescue excavation, it shall be organized by the land and resources administrative department that proposes disposal opinions. Excavation by units that meet the conditions specified in paragraph 2 of Article 11 of these Regulations.
Article 19 The competent departments of land and resources of the people's governments at or above the county level shall strengthen the supervision and inspection of paleontological fossil excavation activities. If they discover that paleontological fossils are being excavated without legal approval, or that paleontological fossils are not excavated in accordance with the approved excavation plan, they shall be dealt with in accordance with the law. .
Chapter 3 Collection of Paleontological Fossils
Article 20 The collection unit of paleontological fossils shall meet the following conditions:
(1) Have a fixed address, a dedicated exhibition room, and a collection storage place of corresponding area;
(2) There is a corresponding number Technical personnel in paleontology or related majors with relevant research results;
(3) Have technology and technology to prevent the natural damage of paleontological fossils and equipment;
(4) Have complete fire prevention, anti-theft and other facilities and equipment and complete security and other management systems;
(5) Have the funds required to maintain normal operation.
The land and resources administrative departments of the people's governments at or above the county level should strengthen the Management, supervision and inspection of paleontological fossil collection units.
Article 21 The competent department of land and resources under the State Council is responsible for establishing national archives and databases of key protected paleontological fossils. The land and resources departments of local people's governments at or above the county level are responsible for establishing archives and databases of key protected paleontological fossils in their respective administrative regions.
Collecting units shall establish archives of paleontological fossils collected by the unit, and truthfully describe and label the collected paleontological fossils.
Article 22: The state encourages units and individuals to donate their collections of key protected paleontological fossils to qualified collection units for collection.
No unit or individual may buy or sell key protected paleontological fossils without authorization. The sale and purchase of generally protected paleontological fossils shall be conducted at 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 shall 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 The transfer, exchange, or donation of the key protected paleontological fossils collected by collection units must be approved by the land and resources department of the State Council.
Article 25 The public security, industrial and commercial administration, customs and other departments shall register and properly preserve the paleontological fossils confiscated in accordance with the law, and transfer them to the land and resources authorities at the same level within 30 working days after the case is closed. The land and resources department that accepts the transfer shall issue a receipt and hand over the received paleontological fossils to a qualified collection unit for collection.
Generally protected paleontological fossils that are no longer collected by state-owned collection units shall be disposed of in accordance with the regulations of the land and resources department of the State Council.
Chapter 4 Paleontology Import and export of fossils
Article 26: Unnamed paleontological fossils shall not be exported.
Key protected paleontological fossils that meet one of the following conditions may be exported after approval by the land and resources department of the State Council:
(1) Because of science The research requires cooperation with relevant foreign research institutions;
(2) Exhibition abroad due to scientific and cultural exchanges.
Generally protected paleontological fossils can only be exported after approval by the land and resources department of the people's government of the province, autonomous region, or municipality where they are located.
Article 27 To apply for the export of paleontological fossils, an export application shall be submitted to the land and resources department of the State Council or the land and resources department of the people's government of a province, autonomous region or municipality directly under the Central Government, and a list and photos of the exported paleontological fossils shall be submitted. The exit application shall include the applicant’s basic information and the exit location, purpose and time of departure of the paleontological fossils.
When applying for the export of key protected paleontological fossils, the applicant shall also provide the basic information of the foreign cooperative unit and the cooperative scientific research contract or exhibition contract, as well as the emergency protection plan, protection measures, insurance certificate and other materials for the paleontological fossils.
Article 28 When applying for the export of key protected paleontological fossils, the land and resources department of the State Council shall submit the application materials to the National Expert Committee on Paleontological Fossils within 3 working days from the date of acceptance of the application. The National Expert Committee on Paleontological Fossils shall, within 10 working days from the date of receipt of the application materials, identify the paleontological fossils under key protection applied for export, confirm the species, quantity and intactness of the paleontological fossils, and issue a written appraisal opinion. The appraisal opinions should be used as an important basis for approving the export of key protected paleontological fossils.
The land and resources department of the State Council shall complete the review within 20 working days from the date of acceptance of the application. If the prescribed conditions are met, a decision shall be made to approve the departure; if the prescribed conditions are not met, the applicant shall be notified in writing and the reasons shall be given.
Article 29 If you apply for the export of generally protected paleontological fossils, the land and resources department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall complete the review within 20 working days from the date of acceptance of the application. If the export is approved, a decision shall be made to approve the export; If the applicant agrees to leave the country, the applicant shall be notified in writing and the reasons shall be explained.
Article 30 The validity period of the export approval document for paleontological fossils is 90 days; if the export application exceeds the validity period, a new export application must be submitted.
The stay period 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, an extension application should be made to the land and resources department of the State Council 60 days before the expiration of the stay abroad period.The maximum extension period shall not exceed 6 months.
Article 31: If the paleontological fossils under special protection that have been approved for export enter the country after leaving the country, the applicant shall apply to the land and resources department of the State Council for entry verification within 5 days from the date of completing the entry customs procedures.
The land and resources department of the State Council shall submit the application materials to the National Paleontology and Fossils Expert Committee within 3 working days from the date of acceptance of the application. The National Expert Committee on Paleontology and Fossils shall, within 5 working days from the date of receipt of the application materials, appraise the key protected paleontological fossils that enter the country after leaving the country, and issue a written appraisal opinion. Identification opinions should be used as an important basis for verification conclusions on the entry of key protected paleontological fossils.
The land and resources department of the State Council shall complete the verification and make a verification conclusion within 15 working days from the date of acceptance of the application; If the fossil is not a paleontological fossil that was originally exported for key protection, the applicant shall be ordered to recover the fossil that was originally exported for key protection.
Article 32 If overseas paleontological fossils are temporarily imported into the country, they shall be sealed by the customs, and the relevant domestic units or individuals shall apply to the land and resources department of the State Council for verification and registration within 5 days from the date of completing the entry customs procedures. The land and resources department of the State Council will verify that the customs seals are intact and take photos and register them one by one.
If the paleontological fossils temporarily imported into the country are exported after entering the country, the relevant units or individuals within the country shall apply to the land and resources department of the State Council for verification. The land and resources department of the State Council shall, in accordance with the procedures stipulated 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 export of paleontological fossils that are confirmed to be originally temporarily imported.
Domestic units or individuals that import paleontological fossils obtained from abroad must declare to the customs and handle the import in accordance with the relevant regulations on customs management. immigration procedures.
Article 33 Anyone who transports, mails or carries paleontological fossils out of the country must truthfully declare to the customs and submit to the customs the exit approval document from the land and resources department of the State Council or the land and resources department of the people's government of a province, autonomous region or municipality directly under the Central Government.
If items that are reasonably suspected to be paleontological fossils are exported out of the country, the customs may require relevant units or individuals to apply to the land and resources department of the State Council or the land and resources department of the people's government of the province, autonomous region or municipality where the exit port is located for certification documents as to whether they are paleontological fossils. .
Article 34: The state has the right to pursue recourse against paleontological fossils that have illegally left the country.
The land and resources department of the State Council is responsible for the specific recourse work on behalf of the state. The foreign affairs, public security, customs and other departments of the State Council shall cooperate with the land and resources department of the State Council to recover illegally exported paleontological fossils.
Chapter 5 Law Responsibility
Article 35 If the land and resources administrative department of the people's government at or above the county level and its staff commit any of the following acts, the directly responsible person in charge and other directly responsible persons shall be punished in accordance with the law; the directly responsible person in charge and other directly responsible persons shall be punished in accordance with the law; Constitute a crime, be held criminally responsible:
(1) Failure to approve the excavation of paleontological fossils in accordance with the provisions of these regulations;
(2) Failure to approve the export of paleontological fossils in accordance with the provisions of these regulations ;
(3) Failure to investigate and deal with violations of these regulations, or failure to handle reports in accordance with the law;
(4) Other behaviors that do not perform supervision and management duties in accordance with the law.
Article 36 If a unit or individual commits any of the following acts, the land and 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, confiscate the excavated paleontological fossils, and impose a fine of not less than RMB 200,000 but not more than RMB 500,000. ; If it constitutes a violation of public security management, the public security organs shall impose public security management penalties in accordance with the law; if it constitutes a crime, criminal liability shall be investigated in accordance with the law:
(1) Unauthorized excavation of paleontological fossils;
(2) Failure to excavate paleontological fossils in accordance with the approved excavation plan.
If any of the acts mentioned in Item (2) of the preceding paragraph are committed, and the circumstances are serious, the land and resources department that approved the excavation of paleontological fossils shall revoke the approval of the excavation. decision.
Article 37 If a paleontological fossil excavation unit fails to hand over the excavated paleontological fossils in accordance with regulations, the land and resources department that approved the paleontological fossil excavation shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, or causes damage to the paleontological fossils, it shall be fined not less than 100,000 yuan and 500,000 yuan. A fine of less than 10,000 yuan shall be imposed; if the directly responsible person in charge and other directly responsible persons constitute a crime, they shall be held criminally responsible in accordance with the law.
Article 38 If a paleontological fossil collection unit does not meet the collection conditions for collecting paleontological fossils, the land and resources department of the people's government at or above the county level shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined not less than 50,000 yuan but not more than 100,000 yuan; If it seriously affects the safety of the key protected paleontological fossils in its collection, the competent department of land and resources of the State Council shall designate a qualified collection unit to collect it on its behalf, and the cost of the collection shall be borne by the original collection unit.
Article 39 If a paleontological fossil collection unit fails to establish archives of paleontological fossils collected by the unit in accordance with regulations, the land and resources department of the people's government at or above the county level shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, the relevant paleontological fossils shall be confiscated and fined 20,000 yuan. yuan fine.
Article 40 Any unit or individual that violates regulations by buying or selling paleontological fossils under special protection shall be ordered by the industrial and commercial administration department to make corrections within a time limit.If the violation is illegal, the illegal gains will be confiscated and a fine of not less than 50,000 yuan but not more than 200,000 yuan will be imposed; if it constitutes a violation of public security management, the public security organs will impose public security management penalties in accordance with the law; if it constitutes a crime, criminal responsibility will be pursued in accordance with the law.
Article 41 If any paleontological fossil collection unit transfers, exchanges or donates its collection of key protected paleontological fossils without approval, the land and resources department of the people's government at or above the county level shall order it to make corrections within a time limit; if there are any illegal gains, the illegal gains shall be confiscated ; If corrections are not made within the time limit, the relevant collection unit shall be fined not less than RMB 50,000 but not more than RMB 200,000. If 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 state-owned collection unit shall be fined not less than 200,000 yuan but not more than 500,000 yuan, and the directly responsible person in charge and other persons shall be fined. Those directly responsible shall be punished in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
Article 42 If a unit or individual transfers, exchanges, donates or pledges its collection of key protected paleontological fossils to foreigners or foreign organizations, the land and resources department of the people's government at or above the county level shall order the unit or individual to recover it within a time limit and impose a 2-year fine on the individual. If a fine of not less than RMB 10,000 but not more than RMB 100,000 is imposed on the unit, the unit shall be fined not less than RMB 100,000 but not more than RMB 500,000; if there are any illegal gains, the illegal gains shall be confiscated; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 43: Any unit or individual that transports, mails, or carries paleontological fossils out of the country without approval shall be handled by the customs in accordance with relevant laws and administrative regulations; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 44 Staff members of the land and resources administrative departments and other relevant departments of the people's governments at or above the county level, or staff members of state-owned museums, scientific research units, colleges and universities, other collection units and excavation units, take advantage of their positions Anyone who illegally takes state-owned paleontological fossils as his own shall be punished in accordance with the law. The land and resources department of the people's government at or above the county level shall recover the illegally possessed paleontological fossils; if there are any illegal gains, the illegal gains shall be confiscated; if a crime is constituted, criminal prosecution shall be pursued in accordance with the law. responsibility.
Chapter 6 Supplementary Provisions
Article 45: These Regulations shall come into effect on January 1, 2011.
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