Regulations on the Protection of Paleontological Fossils
Chapter 1 General Provisions
Article 1 This Regulation is formulated to strengthen the protection of paleontological fossils and promote their scientific research and rational utilization. Article 2 This Regulation shall apply to activities such as the excavation and collection of paleontological fossils within the territory of the People's Republic of China and other sea areas under its jurisdiction, as well as to the import and export of paleontological fossils. The term "paleontological fossils" as used in these Regulations refers to the physical fossils of animals and plants formed and preserved in strata during geological history, as well as their trace fossils.
The protection of fossils of ancient apes, ancient humans, and Quaternary vertebrate fossils related to human activities shall be carried out in accordance with the relevant national regulations on cultural relic protection.
Article 3. Paleontological fossils remaining within the territory of the People's Republic of China and other sea areas under its jurisdiction belong to the State. Paleontological fossils collected by state-owned museums, scientific research institutions, universities, and other collecting institutions, as well as those donated to the State by units and individuals, belong to the State and their ownership shall not change due to the termination or alteration of the collecting institution. Article 4. The State implements the principles of classified management, key protection, priority for scientific research, and rational utilization of paleontological fossils. Article 5. The State Council's land and resources department is in charge of the national paleontological fossil protection work. The land and resources departments of local people's governments at or above the county level are in charge of the paleontological fossil protection work within their respective administrative regions. The public security, industry and commerce administration and other departments of the people's governments at or above the county level shall be responsible for the relevant work on the protection of paleontological fossils in accordance with their respective duties.
Article 6 The State Council's land and resources department is responsible for organizing the establishment of the National Paleontological Fossil Expert Committee. The National Paleontological Fossil Expert Committee is composed of experts recommended by relevant departments of the State Council and the Paleontological Society of China. Its responsibilities include drafting the list of key protected paleontological fossils, providing consultation on the establishment of national-level paleontological fossil nature reserves, reviewing applications for paleontological fossil excavations, and identifying key protected paleontological fossils entering and leaving the country. Specific procedures will be formulated by the State Council's land and resources department. Article 7 Paleontological fossils are classified into key protected paleontological fossils and generally protected paleontological fossils according to their importance in biological evolution and classification. The following paleontological fossils, which have significant scientific research value or are rare, should be listed as key protected paleontological fossils:
(a) Type specimens of named paleontological fossil species;
(ii) Well-preserved or relatively well-preserved ancient vertebrate fossils;
(iii) Large or concentrated fossils of higher plants, invertebrates, and ancient vertebrate footprints, etc.
(iv) Other paleontological fossils that require key protection as determined by the State Council's land and resources department.
The list of key protected paleontological fossils is drafted by the National Paleontological Fossil Expert Committee and approved and published by the State Council's land and resources department.
Article 8. National-level paleontological fossil nature reserves shall be established in areas with concentrated concentrations of key protected paleontological fossils; local-level paleontological fossil nature reserves shall be established in areas with concentrated concentrations of generally protected paleontological fossils, where key protected paleontological fossils have already been discovered. The procedures for establishing paleontological fossil nature reserves shall be carried out in accordance with the provisions of the "Regulations of the People's Republic of China on Nature Reserves".
The establishment of a national-level paleontological fossil nature reserve should solicit the opinions of the National Paleontological Fossil Expert Committee.
Article 9. People's governments at or above the county level shall strengthen their leadership over the protection of paleontological fossils and include the necessary funds for the protection of paleontological fossils in their respective fiscal budgets.
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 Two: Paleontological Fossil Excavation
Article 10. Paleontological fossils may only be excavated for scientific research, teaching, popular science, or for the rescue and protection of paleontological fossils. Excavation of paleontological fossils 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 term "excavation" as used in these regulations refers to activities involving the excavation of ancient fossils using machinery or other power tools within a defined working area.
Article 11 For the excavation of paleontological fossils within a national-level paleontological fossil nature reserve, or for the excavation of key protected paleontological fossils in other areas, an application shall be submitted to the State Council's land and resources department and approval shall be obtained; for the excavation of generally protected paleontological fossils outside a national-level paleontological fossil nature reserve, an application shall be submitted to the land and resources department of the provincial, autonomous region, or municipal people's government where the paleontological fossils are located and approval shall be obtained. Organizations applying to excavate paleontological fossils must meet the following conditions and submit supporting documentation demonstrating their compliance with these conditions, along with an overview of the excavation project, an excavation plan, a plan for preserving excavated specimens, and a plan for restoring the natural ecological conditions of the excavation area.
(i) There are at least 3 technical personnel with professional titles in paleontology or related fields and more than 3 years of experience in paleontological fossil excavation (at least one of whom has a senior professional title in paleontology and serves as the leader of the excavation activity).
(ii) It has facilities and equipment that meet the needs of paleontological fossil excavation;
(iii) Possessing processing technologies and processes suitable for the protection of paleontological fossils;
(iv) There are facilities, equipment and places that meet the needs of paleontological fossil preservation.
Article 12. The State Council's land and resources department shall, within three working days of accepting the application, submit the application materials to the National Paleontological Fossil Expert Committee. The National Paleontological Fossil Expert Committee shall, within ten working days of receiving the application materials, issue a written review opinion. The review opinion shall serve as an important basis for approving the excavation of paleontological fossils. The State Council's land and resources department shall complete the review within 30 working days from the date of accepting the application. If the applicant meets the conditions stipulated in Article 11, Paragraph 2 of these Regulations, and the paleontological fossil excavation plan, the excavated specimen preservation plan, and the plan for restoring the natural ecological conditions of the excavation area are feasible, the application shall be approved. If the applicant does not meet the conditions, the applicant shall be notified in writing and the reasons shall be explained.
Before approving an application for the excavation of paleontological fossils, the State Council's land and resources department shall solicit the opinions of 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; after approving the excavation application, the department shall notify 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 of the approved excavation.
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 them in accordance with the time limits and requirements stipulated in paragraph 2 of Article 12 of these Regulations, and shall solicit the opinions of paleontological experts. Article 14 Units excavating paleontological fossils shall conduct the excavation in accordance with the approved excavation plan; if it is necessary to change the excavation plan, it shall be reported to the land and resources department that originally approved the excavation for approval. Article 15 Units excavating paleontological fossils shall, within 30 days from the date of completion of the excavation or scientific research, teaching, or other activities, register and catalog the excavated paleontological fossils, make corresponding descriptions and annotations, and transfer them to a qualified collection unit designated by the land and resources department that approved the excavation for collection. Article 16 For regional geological surveys or for the sporadic collection of paleontological fossil specimens by scientific research institutions, universities, etc., for scientific research or teaching purposes, no approval is required; however, they shall, before the commencement of the collection activity, inform 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 in writing of the collection time, collection location, and quantity collected. The collection of collected paleontological fossils shall comply with the provisions of these Regulations. Sporadic collection, as referred to in these regulations, means the activity of excavating a very small number of ancient fossils on the surface using handheld, non-mechanical tools, without causing any impact on the surface or other resources.
Article 17. Foreigners and foreign organizations may excavate paleontological fossils only within the territory of the People's Republic of China and other sea areas under its jurisdiction, for scientific research purposes in cooperation with foreign entities. Excavation of paleontological fossils shall be subject to approval by the State Council's land and resources department, and shall be conducted in cooperation with Chinese entities that meet the conditions stipulated in Article 11, Paragraph 2 of these Regulations, and shall comply with the provisions of these Regulations concerning the excavation, collection, and import/export of paleontological fossils. Article 18. Units and individuals who discover paleontological fossils during production, construction, or other activities shall protect the site and immediately report to the land and resources department of the local people's government at or above the county level. Upon receiving a report, the land and resources departments of local people's governments at or above the county level shall arrive at the scene within 24 hours and submit their handling opinions within 7 days. If necessary, they may request the local people's government to notify the public security organs to assist in protecting the scene. The discovery of key protected paleontological fossils shall be reported level by level to the State Council's land and resources department, which will then submit its handling opinions.
If fossils discovered during production, construction, or other activities require rescue excavation, the land and resources management department that proposes the handling opinion shall organize an excavation by a unit that meets the conditions stipulated in Article 11, Paragraph 2 of these Regulations.
Article 19 The land and resources departments of people's governments at or above the county level shall strengthen supervision and inspection of paleontological fossil excavation activities. If any unauthorized excavation of paleontological fossils is discovered, or if the excavation is not carried out in accordance with the approved excavation plan, the matter shall be dealt with in accordance with the law.
Chapter Three: Collection of Paleontological Fossils
Article 20. Institutions that collect paleontological fossils shall meet the following conditions: (i) It has a fixed address, dedicated exhibition rooms, and a collection storage area of appropriate size;
(ii) There is a corresponding number of technical personnel with relevant research achievements in paleontology or related fields;
(iii) Possessing the technology, processes, and equipment to prevent the natural destruction of paleontological fossils;
(iv) It has complete fire prevention and anti-theft facilities and equipment, as well as sound security management systems;
(v) It has the funds required to maintain normal operation.
The land and resources departments of people's governments at or above the county level shall strengthen the management and supervision of paleontological fossil collection units.
Article 21 The State Council's land and resources department is responsible for establishing a national archive and database 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 within their respective administrative regions. Collecting institutions shall establish archives of the paleontological fossils in their collections and provide accurate descriptions and annotations of the paleontological fossils in their collections.
Article 22 The State encourages organizations and individuals to donate their collections of key protected paleontological fossils to qualified collecting institutions. No unit or individual may buy or sell key protected paleontological fossils without authorization. The buying and selling of generally protected paleontological fossils must be conducted in locations designated by the local people's government at or above the county level. Specific measures will be formulated by the people's governments of provinces, autonomous regions, and municipalities directly under the central government.
Article 23 State-owned collecting entities shall not transfer, exchange, or donate their key protected paleontological fossils to non-state-owned collecting entities or individuals. No organization or individual may transfer, exchange, donate, or pledge their collection of key protected paleontological fossils to foreigners or foreign organizations.
Article 24 The transfer, exchange, or donation of key protected paleontological fossils between collecting institutions shall be subject to the approval of the State Council's land and resources department. Article 25 Public security, industry and commerce administration, customs, and other relevant departments shall register and properly preserve paleontological fossils confiscated according to law, and transfer them to the land and resources department at the same level within 30 working days after the case is closed. The land and resources department receiving the transfer shall issue a receipt and entrust the received paleontological fossils to a qualified collecting institution. General protected paleontological fossils that are no longer held by state-owned collecting institutions shall be disposed of in accordance with the regulations of the State Council's land and resources department.
Chapter Four: Import and Export of Paleontological Fossils
Article 26 Unnamed paleontological fossils shall not be exported. Key protected paleontological fossils may be exported only after meeting one of the following conditions and with the approval of the State Council's land and resources department:
(a) Collaboration with relevant foreign research institutions as needed for scientific research;
(ii) Exhibitions held overseas for scientific and cultural exchange purposes.
Generally, protected paleontological fossils may only be exported with the approval of the land and resources department of the provincial, autonomous region, or municipal people's government where they are located.
Article 27 An application for the export of paleontological fossils 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 the province, autonomous region, or municipality directly under the Central Government, along with a list and photographs of the paleontological fossils to be exported. The application shall include the applicant's basic information and the export location, purpose, and date of the paleontological fossils. For applications to export protected paleontological fossils, applicants should also provide basic information about the foreign partner institution, a scientific research contract or exhibition contract, and materials such as emergency protection plans, protection measures, and insurance certificates for the paleontological fossils.
Article 28. For applications to export key protected paleontological fossils, the State Council's land and resources department shall, within three working days of accepting the application, submit the application materials to the National Paleontological Fossil Expert Committee. The National Paleontological Fossil Expert Committee shall, within ten working days of receiving the application materials, identify the key protected paleontological fossils to be exported, confirm the species, quantity, and condition of the fossils, and issue a written identification opinion. The identification opinion shall serve as an important basis for deciding whether to approve the export of key protected paleontological fossils. The State Council's land and resources department shall complete the review within 20 working days from the date of accepting the application. If the application meets the prescribed conditions, it shall make a decision to approve the exit; if the application does not meet the prescribed conditions, it shall notify the applicant in writing and explain the reasons.
Article 29 For applications to export paleontological fossils under general protection, the land and resources department of the provincial, autonomous region, or municipal people's government shall complete the review within 20 working days from the date of acceptance of the application. If the application is approved, a decision to approve the export shall be made; if the application is not approved, the applicant shall be notified in writing with reasons. Article 30 The validity period of the approval document for the export of paleontological fossils is 90 days; if the export exceeds the validity period, a new application for export shall be submitted. The stay period for key paleontological fossils abroad generally does not exceed 6 months; if an extension is necessary due to special circumstances, an application for extension should be submitted to the State Council's land and resources department 60 days before the expiration of the original stay period. The extension period shall not exceed 6 months.
Article 31 If a key protected paleontological fossil that has been approved for export is subsequently imported, the applicant shall apply to the State Council's land and resources department for import verification within 5 days from the date of completion of the import customs formalities. The State Council's land and resources department shall, within three working days of accepting the application, submit the application materials to the National Paleontological Fossil Expert Committee. The National Paleontological Fossil Expert Committee shall, within five working days of receiving the application materials, identify the key protected paleontological fossils that have entered the country after leaving the country and issue a written identification opinion. The identification opinion shall serve as an important basis for the conclusion of the verification of the entry of key protected paleontological fossils into the country.
The State Council's land and resources department shall complete the verification within 15 working days from the date of accepting the application and make a verification conclusion; if it is confirmed that the fossil is not the original key protected paleontological fossil exported from abroad, the applicant shall be ordered to retrieve the original key protected paleontological fossil exported from abroad.
Article 32. When paleontological fossils from abroad are temporarily imported into China, they shall be sealed by customs. The relevant domestic unit or individual shall apply to the State Council's land and resources department for verification and registration within 5 days from the date of completion of customs formalities. The State Council's land and resources department shall verify that the customs seals are intact and photograph and register each item. For paleontological fossils that are temporarily imported and subsequently exported, the relevant domestic unit or individual shall apply to the State Council's land and resources department for verification. The State Council's land and resources department 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, and approve the export of paleontological fossils that are confirmed to be the original temporarily imported paleontological fossils.
When domestic entities or individuals import paleontological fossils obtained from overseas, they shall declare them to the customs and complete the import procedures in accordance with the relevant customs regulations.
Article 33 When transporting, mailing, or carrying paleontological fossils out of the country, a truthful declaration shall be made to the Customs, and an export approval document from the State Council's land and resources department or the land and resources department of the provincial, autonomous region, or municipal people's government shall be submitted to the Customs. If there is reason to suspect that an item is a paleontological fossil, the Customs may require the relevant unit or individual to apply to the State Council's land and resources department or the land and resources department of the provincial, autonomous region, or municipal people's government where the port of exit is located for a certificate confirming whether the item is a paleontological fossil. Article 34 The State has the right to recover paleontological fossils illegally exported. The State Council's land and resources department is specifically responsible for the recovery of illegally exported paleontological fossils on behalf of the state. The State Council's foreign affairs, public security, and customs departments should cooperate with the State Council's land and resources department in the recovery of illegally exported paleontological fossils.
Chapter Five Legal Liability
Article 35 If the land and resources management departments of people's governments at or above the county level and their staff members commit any of the following acts, the directly responsible supervisors and other directly responsible personnel shall be disciplined in accordance with the law; if the directly responsible supervisors and other directly responsible personnel commit a crime, they shall be investigated for criminal liability in accordance with the law: (i) Excavations of paleontological fossils that have not been approved in accordance with the provisions of this Regulation;
(ii) Failure to approve the export of paleontological fossils in accordance with the provisions of this Regulation;
(iii) Failing to investigate and punish acts that violate the provisions of these Regulations, or failing to handle reports in accordance with the law;
(iv) Other acts of failing to perform supervisory and management duties in accordance with the law.
Article 36 If any 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 the excavation to cease, order rectification within a specified time limit, confiscate the excavated paleontological fossils, and impose a fine of not less than 200,000 yuan but not more than 500,000 yuan; if the act constitutes a violation of public security administration, the public security organ shall impose public security administration penalties in accordance with the law; if the act constitutes a crime, criminal liability shall be pursued in accordance with the law: (a) Excavating paleontological fossils without approval;
(ii) Excavating paleontological fossils without following the approved excavation plan.
If any of the acts described in item (ii) of the preceding paragraph are serious, the land and resources department that approved the excavation of paleontological fossils shall revoke the decision to approve the excavation.
Article 37 If a paleontological fossil excavation unit fails to transfer the excavated paleontological fossils as required, the land and resources department that approved the excavation shall order it to rectify the situation within a specified period. If it fails to rectify the situation within the specified period, or if the paleontological fossils are damaged, a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed. If the directly responsible supervisors and other directly responsible personnel commit a crime, they shall be held criminally liable according to law. Article 38 If a paleontological fossil collecting unit collects paleontological fossils that do not meet the collecting conditions, the land and resources department of the people's government at or above the county level shall order it to rectify the situation within a specified period. If it fails to rectify the situation within the specified period, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed. If the collection seriously affects the safety of the key protected paleontological fossils, the land and resources department of the State Council shall designate a qualified collecting unit to collect them on its behalf, and the original collecting unit shall bear the costs of the collection. Article 39 If a paleontological fossil collecting unit fails to establish archives for its collected paleontological fossils as required, the land and resources department of the people's government at or above the county level shall order it to rectify the situation within a specified period. If it fails to rectify the situation within the specified period, the relevant paleontological fossils shall be confiscated, and a fine of 20,000 yuan shall be imposed. Article 40. Any unit or individual that violates regulations by buying or selling key protected paleontological fossils shall be ordered by the administrative department for industry and commerce to rectify the situation within a specified period, have their illegal gains confiscated, and be fined between 50,000 and 200,000 yuan. If the act constitutes a violation of public security administration, the public security organ shall impose administrative penalties according to law. If the act constitutes a crime, criminal liability shall be pursued according to law. Article 41. Any paleontological fossil collecting units that transfer, exchange, or donate their collections of key protected paleontological fossils without approval shall be ordered by the land and resources department of the people's government at or above the county level to rectify the situation within a specified period. Any illegal gains shall be confiscated. If the rectification is not carried out within the specified period, the relevant collecting units shall be fined between 50,000 and 200,000 yuan. Any state-owned collecting unit that illegally transfers, exchanges, or donates its collection of key protected paleontological fossils to non-state-owned collecting units or individuals shall be fined between 200,000 and 500,000 yuan, and the directly responsible supervisors and other directly responsible personnel shall be disciplined according to law. If the act constitutes a crime, criminal liability shall be pursued according to law. Article 42 If any 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 recovery within a specified period. Individuals shall be fined between 20,000 and 100,000 yuan, and units shall be fined between 100,000 and 500,000 yuan. Any illegal gains shall be confiscated. If a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 43 If any entity or individual transports, mails, or carries paleontological fossils out of the country without approval, the customs shall handle the matter in accordance with the provisions of 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 departments or other relevant departments of the people's governments at or above the county level, or staff members of state-owned museums, scientific research units, institutions of higher learning, other collecting units, and excavation units who, by taking advantage of their positions, illegally appropriate state-owned paleontological fossils, shall be punished in accordance with the law. The land and resources departments of the people's governments at or above the county level shall recover the illegally appropriated paleontological fossils; any illegal gains shall be confiscated; and if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Chapter Six Supplementary Provisions
Article 45 This Regulation shall come into force on January 1, 2011. 
