Regulations on the Protection of Paleontological Fossils

Chapter 1 General Provisions

Article 1: In order to strengthen the protection of paleontological fossils, promote scientific research and rational utilization of paleontological fossils, this regulation is formulated.

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, activities such as excavation and collection of paleontological fossils, as well as the import and export of paleontological fossils, shall comply with this Regulation.

The term "paleontological fossils" referred to in these regulations refers to the solid fossils and trace fossils of animals and plants formed and existing in geological history.

The protection of fossils of ancient apes, ancient humans, and Quaternary vertebrates related to human activities shall be carried out in accordance with the relevant provisions of national cultural relics protection.

Article 3:Fossils of ancient organisms remaining in the territory of the People's Republic of China and other sea areas under its jurisdiction belong to the state.

Fossils of ancient organisms collected by state-owned museums, scientific research institutions, higher education institutions, and other collection units, as well as fossils of ancient organisms donated by units and individuals to the state, belong to the state and their ownership shall not be changed due to the termination or change of their collection units.

Article 4: The state implements the principles of classification management, key protection, scientific research priority, and rational utilization of paleontological fossils.

Article 5: The competent department of land and resources under the State Council shall be in charge of the national protection of paleontological fossils. The land and resources department of the local people's government at or above the county level is responsible for the protection of paleontological fossils in its administrative region.

The public security and industrial and commercial administrative departments of the people's governments at or above the county level shall be responsible for the protection of paleontological fossils in accordance with their respective responsibilities.

Article 6: The competent department of land and resources under the State Council is responsible for organizing the establishment of the National Committee of Experts on Paleontological Fossils. The National Committee of Experts on Paleontological Fossils is composed of experts recommended by relevant departments of the State Council and the Chinese Society of Paleontology. It is responsible for drafting the list of key protected paleontological fossils, consulting on the establishment of national level paleontological natural reserves, reviewing applications for paleontological fossil excavation, and identifying the entry and exit of key protected paleontological fossils. The specific measures are formulated by the competent department of land and resources under the State Council.

Article 7: According to their importance in biological evolution and classification, paleontological fossils shall be divided into key protected paleontological fossils and general protected paleontological fossils.

The following paleontological fossils with important scientific research value or scarce quantities should be listed as key protected paleontological fossils:

（1） Type specimens of named fossil species of ancient organisms;

（2） Preserved or relatively complete solid fossils of ancient vertebrates;

（3） Large or concentrated fossils of higher plants, invertebrates, and footprints of ancient vertebrates, among other trace fossils;

（4） Other paleontological fossils that require special protection as determined by the competent department of land and resources under the State Council.

The list of key protected paleontological fossils is formulated by the National Committee of Experts on Paleontological Fossils and approved and published by the competent department of land and resources under the State Council.

Article 8: Areas with a concentration of protected paleontological fossils shall establish national level natural reserves for paleontological fossils; In areas where there is a concentration of protected paleontological fossils, and where key protected paleontological fossils have been discovered, a local level paleontological fossil nature reserve should be established. The procedure for establishing natural reserves for paleontological fossils shall be implemented in accordance with the provisions of the Regulations of the People's Republic of China on Nature Reserves.

The establishment of a national level natural reserve for paleontological fossils should seek the opinions of the National Committee of Experts on Paleontological Fossils.

Article 9: The people's governments at or above the county level shall strengthen their leadership over the protection of paleontological fossils, and include the funds required for the protection of paleontological fossils in the local financial budget.

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 public awareness of the protection of paleontological fossils, and reward units and individuals who have made outstanding achievements in the protection of paleontological fossils in accordance with relevant national regulations.

Chapter 2 Excavation of Paleontological Fossils

Article 10: Fossils of ancient organisms can only be excavated for scientific research, teaching, popularization of science, or salvage protection of fossils. Those who excavate fossils of ancient organisms shall meet the conditions stipulated in Article 11, Paragraph 2 of these Regulations and obtain approval in accordance with the provisions of these Regulations.

The excavation referred to in these regulations refers to the activity of using machinery or other power tools to excavate ancient biological fossils with a certain working face.

Article 11: If excavating paleontological fossils within national paleontological fossil nature reserves or excavating key protected paleontological fossils in other regions, an application shall be submitted to the competent department of land and resources under the State Council and approval shall be obtained; For the excavation of generally protected paleontological fossils outside the national paleontological fossil nature reserve, an application shall be submitted to the competent department 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 and approval shall be obtained.

The unit applying for the excavation of paleontological fossils shall meet the following conditions and submit proof materials that meet the following conditions, as well as an overview of the excavation project, excavation plan, excavation specimen preservation plan, and natural ecological condition restoration plan of the excavation area when submitting the application:

（1） Three or more technical personnel with professional titles in paleontology or related fields, and more than three years of experience in excavating paleontological fossils (among which at least one technical personnel has a senior professional title in paleontology and serves as the leader of excavation activities);

（2） Having facilities and equipment that meet the needs of paleontological fossil excavation;

（3） There are processing technologies and processes that are suitable for the protection of paleontological fossils;

（4） There are facilities, equipment, and venues that meet the requirements 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 Committee of Experts on Paleontology and Fossils within 3 working days from the date of acceptance of the application. The National Committee of Experts on Paleontological Fossils shall provide a written review opinion within 10 working days from the date of receiving the application materials. The evaluation opinion should serve 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 examination within 30 working days from the date of acceptance of the application, and approve the application unit that meets the conditions stipulated in Article 11, Paragraph 2 of these Regulations, and that the plan for excavating paleontological fossils, preserving excavated specimens, and restoring the natural ecological conditions of the excavation area is feasible; For those who do not meet the conditions, notify the applying unit in writing and explain the reasons.

Before approving the application for excavation of paleontological fossils, the competent department of land and resources under the State Council shall seek the opinions of the competent department of land and resources under 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 approved excavation of paleontological fossils shall be reported to the competent department 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.

Article 13: If the land and resources department of the people's government of a province, autonomous region, or municipality directly under the Central Government accepts an application for excavation of paleontological fossils, it shall review and approve it in accordance with the deadline and requirements stipulated in Article 12, Paragraph 2 of these Regulations, and listen to the opinions of paleontological experts.

Article 14: Units that excavate fossils of ancient organisms shall excavate them in accordance with the approved excavation plan; If it is necessary to change the excavation plan, it shall be reported to the competent department of land and resources that originally approved the excavation for approval.

Article 15: Units that excavate fossils of ancient organisms shall, within 30 days from the end of excavation, scientific research, teaching and other activities, register and record the excavated fossils of ancient organisms, provide corresponding descriptions and annotations, and transfer them to eligible collection units designated by the competent land and resources department that approved excavation for collection.

Article 16: If regional geological surveys or scientific research institutions, higher education institutions or other institutions need to collect paleontological fossil specimens sporadically for scientific research and teaching purposes, there is no need to apply for approval. However, prior to the start of the collection activity, the land and resources department of the province, autonomous region, or municipality directly under the Central Government where the paleontological fossils are located shall be notified in writing of the collection time, collection location, and collection quantity. The collection of collected paleontological fossils shall comply with the provisions of this regulation.

The sporadic collection referred to in these regulations refers to the activity of using handheld 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 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 only when necessary for scientific research through Sino foreign cooperation. The excavation of paleontological fossils shall be approved by the competent department of land and resources under the State Council, and shall be carried out in cooperation with Chinese units that meet the conditions stipulated in Article 11, Paragraph 2 of these Regulations, and shall comply with the provisions of these Regulations on the excavation, collection, and import and export of paleontological fossils.

Article 18: If units or individuals discover fossils of ancient organisms in production, construction and other activities, they shall protect the site and immediately report to the competent department of land and resources of the local people's government at or above the county level where they are located.

After receiving the report, the competent department of land and resources 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 necessary, the local people's government can be requested to notify the public security organs to assist in protecting the scene. If key protected paleontological fossils are discovered, they shall be reported to the competent department of land and resources under the State Council step by step, and the competent department of land and resources under the State Council shall propose handling suggestions.

If the discovery of paleontological fossils in production, construction and other activities requires rescue excavation, the competent department of land and resources that proposes handling opinions shall organize units that meet the conditions specified in Article 11, Paragraph 2 of these Regulations to excavate.

Article 19: The competent department of land and resources of the people's government at or above the county level shall strengthen supervision and inspection of the excavation activities of paleontological fossils. If it is found that paleontological fossils are excavated without legal approval, or if they are not excavated according to the approved excavation plan, they shall be dealt with in accordance with the law.

Chapter 3 Collection of Paleontological Fossils

Article 20: The collection units of paleontological fossils shall meet the following conditions:

（1） Having a fixed venue, dedicated exhibition rooms, and corresponding storage areas for collections;

（2） There are a corresponding number of paleontological professionals or related technical personnel with relevant research achievements;

（3） There are technologies, processes, and equipment to prevent natural damage to paleontological fossils;

（4） Having complete facilities and equipment for fire prevention and theft prevention, as well as a comprehensive management system for security and protection;

（5） There are funds required to maintain normal operation.

The competent department of land and resources of the people's government at or above the county level shall strengthen the management, supervision and inspection of units that collect paleontological fossils.

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 competent departments of land and resources 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.

The collecting unit shall establish a record of the 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 key protected paleontological fossils to eligible collection units for collection.

No unit or individual shall buy or sell fossils of key protected ancient organisms without authorization. The purchase and sale of generally protected fossils of ancient organisms shall be carried out in places designated by local people's governments at or above the county level. The 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 gift their key protected paleontological fossils to non-state-owned collection units or individuals.

No unit or individual shall transfer, exchange, gift, or pledge their collection of key protected paleontological fossils to foreigners or foreign organizations.

Article 24: The transfer, exchange, or gift of key protected paleontological fossils among collection units shall be approved by the competent department of land and resources under the State Council.

Article 25: Public security, industrial and commercial administration, customs and other departments shall register and properly keep confiscated paleontological fossils in accordance with the law, and transfer them to the same level of land and resources management department within 30 working days after the case is closed. The competent department in charge of land and resources that accepts the transfer shall issue a receipt and hand over the received paleontological fossils to eligible collection units for collection.

General protected paleontological fossils that are no longer collected by state-owned collection units shall be disposed of in accordance with the regulations of the competent department of land and resources under the State Council.

Chapter 4 Import and Export of Paleontological Fossils

Article 26: Unnamed fossils of ancient organisms shall not be exported.

Key protected paleontological fossils must meet one of the following conditions and be approved by the competent department of land and resources under the State Council before they can be exported:

（1） Cooperating with relevant foreign research institutions for scientific research needs;

（2） Exhibitions held overseas due to scientific and cultural exchange needs.

Generally, protected fossils of ancient organisms can only be exported with the approval of the competent department of land and resources under the people's government of the province, autonomous region, or municipality directly under the central government where they are located.

Article 27: Those who apply for the export of paleontological fossils shall submit an application for export to the competent department of land and resources under the State Council or the competent department of land and resources under the people's government of a province, autonomous region, or municipality directly under the Central Government, and submit a list and photos of the exported paleontological fossils. The exit application should include the applicant's basic information, the exit location of the paleontological fossil, the exit purpose, the exit time, and other contents.

If applying for the export of key protected paleontological fossils, the applicant shall also provide the basic information of the foreign cooperative unit, the cooperative scientific research contract or exhibition contract, as well as emergency protection plans, protection measures, insurance certificates and other materials for paleontological fossils.

Article 28: If an application is made for the export of key protected paleontological fossils, the competent department of land and resources under the State Council shall submit the application materials to the National Committee of Experts on Paleontological Fossils within 3 working days from the date of acceptance of the application. The National Committee of Experts on Paleontological Fossils shall, within 10 working days from the date of receiving the application materials, identify the key protected paleontological fossils applied for exit, confirm the species, quantity, and completeness of the paleontological fossils, and issue a written appraisal opinion. The appraisal opinion should serve as an important basis for approving the export of key protected paleontological fossils.

The competent department of land and resources under the State Council shall complete the examination within 20 working days from the date of accepting the application. If it meets the prescribed conditions, it shall make a decision to approve the exit; Those who do not meet the prescribed conditions shall be notified in writing to the applicant and the reasons shall be explained.

Article 29: If an application for general protection of paleontological fossils is submitted for export, the competent department of land and resources of the people's government of a 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 application is approved for export, a decision shall be made to approve the export; If you do not agree to leave the country, notify the applicant in writing and explain the reasons.

Article 30: The validity period of the approval documents for the export of paleontological fossils is 90 days; Those who leave the country beyond the validity period shall reapply for exit.

The duration of stay of key paleontological fossils overseas generally does not exceed 6 months; If it is necessary to extend the duration of overseas stay due to special circumstances, an application for extension shall be submitted to the competent department of land and resources under the State Council 60 days before the expiration of the overseas stay period. The maximum extension period shall not exceed 6 months.

Article 31: If a key protected paleontological fossil that has been approved for export enters the country after leaving the country, the applicant shall apply for entry verification to the competent department of land and resources under the State Council within 5 days from the date of completing the entry customs procedures.

The competent department of land and resources under the State Council shall submit the application materials to the National Committee of Experts on Paleontological Fossils within 3 working days from the date of acceptance of the application. The National Committee of Experts on Paleontological Fossils shall, within 5 working days from the date of receiving the application materials, identify the key protected paleontological fossils that have entered the country after leaving the country and issue a written appraisal opinion. The appraisal opinion should serve as an important basis for the conclusion of the entry verification of key protected paleontological fossils.

The competent department of land and resources under the State Council shall complete the verification within 15 working days from the date of acceptance of the application and make the verification conclusion; For those confirmed as non original key protected paleontological fossils, the applicant shall be ordered to recover the original key protected paleontological fossils.

Article 32: If overseas paleontological fossils are temporarily imported, they shall be sealed by the customs, and the relevant units or individuals within the territory shall apply for verification and registration to the competent department of land and resources under the State Council within 5 days from the date of completing the import customs procedures. If the competent department of land and resources under the State Council verifies that the customs seal is intact, each item shall be photographed and registered.

If the temporarily imported paleontological fossils are exported after entering the country, relevant units or individuals within the country shall apply to the competent department of land and resources under the State Council for verification. The competent department of land and resources under the State Council shall, in accordance with the procedures stipulated in Article 31, Paragraph 2 of these Regulations, complete the verification within 15 working days from the date of acceptance of the application. For paleontological fossils confirmed to have been temporarily imported, they shall be approved for export.

Domestic units or individuals who obtain paleontological fossils from overseas shall declare to the customs and handle the entry procedures in accordance with the relevant regulations of customs management.

Article 33: Those who transport, mail, or carry fossils of ancient organisms out of the country shall truthfully declare to the customs and submit approval documents from the competent department of land and resources under the State Council or the competent department of land and resources under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government to the customs.

For items that have reason to suspect that they belong to paleontological fossils and are exported, the customs may require relevant units or individuals to apply to the competent department of land and resources under the State Council or the competent department of land and resources under the people's government of the province, autonomous region, or municipality directly under the Central Government where the exit port is located to obtain a certificate of whether they belong to paleontological fossils.

Article 34: The state has the right to pursue illegally exported fossils of ancient organisms.

The competent department in charge of land and resources under the State Council is responsible for the specific recovery work on behalf of the country. The foreign affairs, public security, customs and other departments of the State Council shall cooperate with the competent department of land and resources of the State Council to carry out the recovery work of illegally exported paleontological fossils.

Chapter 5 Legal Liability

Article 35: If the land and resources department and its staff of the people's government at or above the county level commit any of the following acts, the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the law; If the directly responsible supervisor and other directly responsible personnel constitute a crime, criminal responsibility shall be pursued in accordance with the law:

（1） Failure to approve the excavation of paleontological fossils in accordance with the provisions of this regulation;

（2） Failure to approve the export of paleontological fossils in accordance with the provisions of this regulation;

（3） Those who fail to investigate and punish behaviors that violate the provisions of this regulation, or those who fail to handle reports in accordance with the law;

（4） Other behaviors that fail to fulfill supervisory and management responsibilities in accordance with the law.

Article 36: If a unit or individual commits any of the following acts, the competent department of land and resources of the people's government at or above the county level shall order the cessation of excavation, make corrections within a time limit, confiscate the excavated paleontological fossils, and impose a fine of not less than 200000 yuan but not more than 500000 yuan; 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 a crime is constituted, criminal responsibility shall be pursued in accordance with the law:

（1） Unauthorized excavation of paleontological fossils;

（2） Excavating paleontological fossils without following the approved excavation plan.

If the act mentioned in the second item of the preceding paragraph is serious, the decision to approve the excavation of paleontological fossils shall be revoked by the competent department of land and resources that approved the excavation.

Article 37: If a unit that excavates paleontological fossils fails to transfer the excavated paleontological fossils in accordance with regulations, the competent department of land and resources that approves the excavation of paleontological fossils shall order it to make corrections within a specified period of time; Those who fail to make corrections within the prescribed time limit or cause damage to paleontological fossils shall be fined not less than 100000 yuan but not more than 500000 yuan; If the directly responsible supervisor and other directly responsible personnel constitute a crime, criminal responsibility shall be pursued in accordance with the law.

Article 38: If a collection unit of paleontological fossils does not meet the collection conditions for collecting paleontological fossils, the competent department of land and resources of the people's government at or above the county level shall order it to make corrections within a specified period of time; Those who fail to make corrections within the prescribed time limit shall be fined not less than 50000 yuan but not more than 100000 yuan; For key protected paleontological fossils that have seriously affected the safety of their collection, the competent department of land and resources under the State Council shall designate a collection unit that meets the conditions to collect them on their behalf, and the cost of collecting them on their behalf shall be borne by the original collection unit.

Article 39: If a collection unit of paleontological fossils fails to establish its own collection of paleontological fossil archives in accordance with regulations, the competent department of land and resources of the people's government at or above the county level shall order it to make corrections within a specified period of time; Those who fail to make corrections within the prescribed time limit shall have their relevant paleontological fossils confiscated and be fined 20000 yuan.

Article 40: If a unit or individual violates regulations by buying and selling key protected paleontological fossils, the administrative department for industry and commerce shall order them to make corrections within a specified period of time, confiscate their illegal gains, and impose a fine of not less than 50000 yuan but not more than 200000 yuan; 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 a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

Article 41: If the collection units of paleontological fossils transfer, exchange, or gift their key protected paleontological fossils without approval, the competent department of land and resources of the people's government at or above the county level shall order them to make corrections within a time limit; If there are illegal gains, the illegal gains shall be confiscated; If the collection unit fails to make corrections within the prescribed time limit, a fine of not less than 50000 yuan but not more than 200000 yuan shall be imposed on the relevant collection unit. State owned collection units that illegally transfer, exchange, or gift their key protected paleontological fossils to non-state-owned collection units or individuals shall be fined not less than 200000 yuan but not more than 500000 yuan, and the directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the law; If a crime is constituted, criminal responsibility shall be pursued 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 competent department of land and resources of the people's government at or above the county level shall order them to be recovered within a time limit, impose a fine of not less than 20000 yuan but not more than 100000 yuan on the individual, and a fine of not less than 100000 yuan but not more than 500000 yuan on the unit; If there are illegal gains, the illegal gains shall be confiscated; If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

Article 43: If a unit or individual fails to obtain approval to transport, mail, or carry paleontological fossils out of the country, the customs shall handle them in accordance with relevant laws and administrative regulations; If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

Article 44: Staff members of the competent departments of land and resources 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, higher education institutions, other collection units, and excavation units, who take advantage of their positions, illegally occupy state-owned paleontological fossils for themselves, shall be punished in accordance with the law, and the competent departments of land and 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 a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

Chapter 6 Supplementary Provisions

Article 45: These regulations shall come into effect on January 1, 2011.