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Date of publication
2002-04-25
Reference number
Caijiao [2002] No.34
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National Cultural Heritage Administration:
In order to protect the historical and cultural heritage of the motherland, timely rescue and collect precious cultural relics scattered at home and abroad, and enrich the national collection, a special fund for the collection of national key precious cultural relics has been set up since 2002. In order to strengthen the management of funds and improve the efficiency in the use of funds, according to the Law of People's Republic of China (PRC) on the Protection of Cultural Relics and the financial system of cultural relics institutions, we have studied and formulated the Measures for the Administration of the Use of Special Funds for the Collection of National Key Precious Cultural Relics, which are hereby printed and distributed to you, please follow them.
Chapter I General Principles
first
In order to strengthen the management of special funds for the collection of national key precious cultural relics (hereinafter referred to as "special funds for collection") and improve the efficiency in the use of funds, these measures are formulated in accordance with the Law of People's Republic of China (PRC) on the Protection of Cultural Relics and the Financial System of Cultural Relics Institutions.
second
The purpose of collecting special funds is to protect the historical and cultural heritage of the motherland, timely rescue precious cultural relics scattered in society, and enrich the collections of state-owned museums, which are set up by the central finance. Special funds are collected by the Ministry of Finance and National Cultural Heritage Administration, and project management is implemented.
Article 3 The use of special funds shall follow the basic policy of cultural relics work, adhere to the principle of "expert argumentation, earmarking and stressing practical results", and shall not be used for other purposes.
Article 4 Precious cultural relics collected with special funds belong to the state, and National Cultural Heritage Administration can designate state-owned cultural relics collection units to keep and collect them, and dispatch them according to actual needs.
Article 5 The use and management of the collection of special funds must be subject to the supervision and inspection of the financial and auditing departments.
Chapter II Scope of Use and Contents of Expenditure
Article 6 The scope of use of special funds for expropriation includes:
(a) the collection of folk collections, which have appeared in the cultural relics market at home and abroad, are of great value and are in urgent need of collection by the state;
(two) to recover the precious cultural relics lost abroad;
(3) collecting representative cultural relics reflecting the progress of world civilization in a planned way;
(four) other precious cultural relics that the Ministry of Finance and National Cultural Heritage Administration think it necessary to collect.
Article 7 The expenditures for collecting special funds are as follows:
(a) the cost of cultural relics acquisition refers to the cost of paying the transaction price of cultural relics, including the reasonable compensation for the uninformed overseas cultural relics holders acquired through legal channels;
(2) Transportation expenses refer to the packaging transportation expenses incurred in the process of cultural relics acquisition or overseas recourse;
(three) storage fees, refers to the cultural relics in the purchase and transportation process of storage, storage and other expenses;
(4) Insurance premium refers to the insurance premium paid during the acquisition and transportation of cultural relics;
(five) the expert appraisal fee refers to the cost of hiring experts to conduct appraisal and consultation in the process of collecting key precious cultural relics;
(six) legal consulting fees, refers to the legal consulting fees incurred in the process of cultural relics acquisition and recourse;
(seven) legal fees, refers to the court litigation costs incurred to recover the illegal loss of cultural relics abroad;
(8) Donation incentive fee refers to the appropriate incentive fee given to donors to encourage non-governmental and overseas people to actively donate cultural relics to the country;
(9) Other expenses refer to personnel travel expenses and other expenses incurred in the process of cultural relics investigation, appraisal, acquisition and recovery.
Chapter three? Fund application and use management
Article 8 The special funds collected shall be applied for and used by National Cultural Heritage Administration.
National Cultural Heritage Administration must set up an expert group for cultural relics collection appraisal, which is composed of the most authoritative appraisal and evaluation experts in China and relevant managers of various cultural relics.
Ninth collection of special funds budget application procedures are as follows:
(a) before the end of June each year, National Cultural Heritage Administration put forward the draft catalogue of cultural relics to be collected in the next year and reported it to the Ministry of Finance;
(2)
According to the categories of cultural relics in the collection, National Cultural Heritage Administration organized relevant experts (excluding experts) to conduct authenticity identification, evaluation and appraisal. No less than 3 experts participate in a project, and each person issues "appraisal and evaluation opinions";
(three) the expert opinion submitted to the National Cultural Heritage Administration cultural relics collection expert group for consideration. Only after the expert group deliberates and agrees can it decide to collect;
(4)
According to the expert appraisal and evaluation opinions and the deliberation opinions of the expert group on cultural relics collection, National Cultural Heritage Administration submitted the budget for collecting special funds to the Ministry of Finance before the end of August each year, and attached the "Declaration Text" (see Annex for the specific format);
(five) the Ministry of Finance according to the audit opinion of National Cultural Heritage Administration, combined with the financial situation, to determine the collection of special funds budget.
Tenth collection of special funds budget issued, National Cultural Heritage Administration should be strictly in accordance with the declaration of the collection of cultural relics as soon as possible.
Article 11
In case of special circumstances such as pressing time and possible loss of precious cultural relics, National Cultural Heritage Administration can directly organize experts to identify and evaluate the items to be declared after obtaining the consent of the Ministry of Finance, and the expert group for collecting cultural relics will put forward deliberation opinions and report to the Ministry of Finance to adjust the original declared items.
Twelfth National Cultural Heritage Administration to strengthen the financial management of collecting special funds, to ensure earmarking. If there is any balance in the current year, it can be carried forward to the next year for further use.
Article 13 The Ministry of Finance may directly organize relevant personnel or entrust intermediaries to inspect and supervise the use of the special funds collected.
Chapter four? Collection management
Fourteenth collection of precious cultural relics in the domestic auction market, National Cultural Heritage Administration should exercise the preemptive right in accordance with the relevant provisions. Pre-auction priority purchase and post-auction priority purchase can be adopted.
The first way is to refer to the expert evaluation price and the auction reserve price, and reach an agreement with the transferor before the auction, and the state will give priority to the purchase.
In the second way, if the transferor's opinions are not solicited before the auction or no consensus is reached through negotiation, National Cultural Heritage Administration can announce the purchase intention after the auction price is determined, and make a priority purchase decision within 7 days. Prior to this, the auction of cultural relics shall not be delivered to the transferee.
Article 15
National Cultural Heritage Administration should promptly put the collected cultural relics into the general ledger, compile detailed files and store them in the cultural relics database management system. Designated units of cultural relics collection shall properly keep the cultural relics collected, and shall not damage, sell, give away or mortgage them.
Chapter five? Supplementary rules
Article 16
National Cultural Heritage Administration and its relevant experts, members of the expert group for the collection of cultural relics and relevant personnel of the Ministry of Finance must keep the collection of cultural relics catalogue and appraisal and evaluation strictly confidential. In violation of the provisions of the collection of special funds caused losses and verified by investigation, the relevant parties shall be investigated for responsibility.
Article 17 The Ministry of Finance shall be responsible for the interpretation of these Measures.
Article 18 These Measures shall come into force as of the date of promulgation.