Regulation on Museums in China

 2018-05-21  44


Regulation on Museums in China


· Document Number:Order No. 659 of the State Council

· Area of Law: Relics and Literary History

· Level of Authority: Administrative Regulations

· Date issued:02-09-2015

· Effective Date:03-20-2015

· Status: Effective

· Issuing Authority: State Council

 

Order of the State Council
(No. 659)
The Regulation on Museums, as adopted at the 78th executive meeting of the State Council on January 14, 2015, is hereby issued, and shall come into force on March 20, 2015.
Premier: Li Keqiang
February 9, 2015



Regulation on Museums in China
Chapter I General Provisions
Article 1 This Regulation is developed to promote the development of the museum undertaking, play the functions of museums, satisfy the citizens' spiritual and cultural needs, and enhance the citizens' ethical as well as scientific and cultural quality.
Article 2 For the purpose of this Regulation, “museums” means non-profit organizations that collect, protect and display to the public the witness of human activities and natural environment for the purposes of education, research and appreciation, which have been registered by the registration administrative authorities in accordance with the law.
Museums include state-owned museums and non-state-owned museums. The museums formed with or mainly with state-owned assets are state-owned museums. The museums formed with or mainly with non-state-owned assets are non-state-owned museums.
The state shall treat state-owned and non-state-owned museums fairly from such aspects as the conditions for the formation of museums, provision of social services, standard management, determination of professional technical titles, and fiscal and taxation support policies.
Article 3 Museums shall provide social services under the orientation of adhering to serving the people and socialism and the principles of getting close to reality, to life and to the people, and enrich the people's spiritual and cultural life.
Article 4 The state shall make the planning for the development of the museum undertaking and improve the museum system.
The state encourages the formation of museums by enterprises, public institutions, social organizations, citizens, and other social forces in accordance with the law.
Article 5 The expenses for the normal operation of state-owned museums shall be included in the fiscal budget of the same level. The organizers of non-state-owned museums shall ensure the expenses for the normal operation of museums.
The state encourages the establishment of public welfare funds to provide funds to museums, and encourages museums to raise funds by multiple means so as to promote their own development.
Article 6 Museums shall enjoy tax preferences in accordance with the law.
Those that form museums in accordance with the law or provide donation to museums shall enjoy tax preferences according to the relevant provisions of the state.
Article 7 The competent department of cultural relics of the state shall be responsible for the supervision and administration of museums across the country. Other relevant departments of the State Council shall be responsible for the relevant museum administration within the scope of their respective functions.
The competent departments of cultural relics of the local people's governments at or above the county level shall be responsible for the supervision and administration of museums within their respective administrative regions. Other relevant departments of the local people's governments at or above the county level shall, within the scope of their respective functions, be responsible for the relevant museum administration within their respective administrative regions.
Article 8 Museum industry organizations shall formulate industrial self-disciplinary rules in accordance with the law, protect members' lawful rights and interests, direct and oversee members' business activities, and promote the healthy development of the museum undertaking.
Article 9 The organizations or individuals that have made prominent contributions to the museum undertaking shall be commended and rewarded in accordance with the relevant provisions of the state.
Chapter II Formation, Modification and Termination of Museums
Article 10 The following conditions shall be met for the formation of a museum:
(1) It has a fixed place, exhibition rooms and places for the preservation of the collected articles in compliance with the provisions of the state.
(2) It has corresponding number of collected materials and necessary research materials, and is able to form a display and exhibition system.
(3) It has professional technicians in line with its scale and functions.
(4) It has necessary funds for running the museum and stable sources of operating funds.
(5) It has facilities, rules and an emergency response plan to guarantee the personal safety of visitors.
A museum shall construct its buildings by adhering to the integration of new construction and reconstruction of existing buildings, and it is encouraged to take the former residence of celebrities, and industrial heritage, among others, as its buildings. The proportion of area for the exhibition and preservation of the collected articles to the total area shall be increased in new construction and reconstruction.
Article 11 Bylaws shall be prepared for the formation of a museum. The bylaws of a museum shall cover:
(1) the name and address of the museum;
(2) the tenets and business scope of the museum;
(3) organizational and management rules, including the methods for the formation of the council or other forms of decision-making bodies, and their personnel structure, tenure and rules of procedure, among others;
(4) rules for the exhibition, protection, management and handling of collected articles;
(5) rules for asset management and use;
(6) procedures for the revision of bylaws;
(7) termination procedure and the disposal of assets after termination; and
(8) other matters that shall be prescribed by the bylaws.
Article 12 The formation, modification and termination of a state-owned museum shall be governed by the provisions of laws and administrative regulations on the administration of registration of public institutions, and a report shall be made to the competent department of cultural relics of the people's government of the province, autonomous region or municipality directly under the Central Government at the place where the museum building is located for recordation.
Article 13 The formation, modification and termination of a museum of which the collected articles are fossils shall be governed by the provisions of laws and administrative regulations on fossil protection, and a report shall be made to the competent department of cultural relics of the people's government of the province, autonomous region or municipality directly under the Central Government at the place where the museum building is located for recordation.
Article 14 To form a non-state-owned museum of which the collected articles are not fossils, a report shall be made to the competent department of cultural relics of the people's government of the province, autonomous region or municipality directly under the Central Government at the place where the museum building is located for recordation, and the following materials shall be submitted:
(1) Draft bylaws of the museum.
(2) The certificate of ownership or the right to use the museum buildings, and demonstration materials proving that the environmental conditions of the exhibition rooms and places for the preservation of the collected articles satisfy the requirements for the exhibition, protection and management of the collected articles.
(3) The catalogue of the collected articles, a brief introduction to the collected articles, and an explanation on their lawful sources.
(4) The capital contribution certificate or capital verification report.
(5) Basic information on professional technicians and managers.
(6) The display or exhibition program.
Article 15 To form a non-state-owned museum of which the collected articles are not fossils, the legal person registration formalities shall be undergone at the relevant registration administrative authority in accordance with the law.
In the case of modification or termination of a non-state-owned museum as prescribed in the preceding paragraph, registration modification or deregistration formalities shall be undergone at the relevant registration administrative authority in accordance with the law, and recordation formalities shall be undergone at the competent department of cultural relics of the people's government of the province, autonomous region or municipality directly under the Central Government at the place where the museum building is located for recordation.
Article 16 The competent departments of cultural relics of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in a timely manner, announce the information such as the title, address, contact information and main collected articles of the museums that have been granted recordation within their respective administrative regions.
Chapter III Administration of Museums
Article 17 Museums shall improve their corporate governance structure, and establish and improve the relevant organizational and management rules.
Article 18 The professional technical titles of professional technicians of museums shall be determined in accordance with the relevant provisions of the state.
Article 19 The assets managed and used by museums in accordance with the law shall not be encroached upon by any other organization or individual.
No museum may engage in business operations on cultural relics and other collected articles. Museums that engage in other business operations shall not violate their tenets nor harm the interests of visitors. The specific measures for museums' engagement in other business operations shall be developed by the competent department of cultural relics of the state.
Article 20 Museums that receive donations shall abide by the provisions of the relevant laws and administrative regulations.
A museum may, in accordance with the law, name its buildings or other facilities with the name or title of the organizer or donator; and a non-state-owned museum may also, in accordance with the law, name it with the name or title of the organizer or donator.
Article 21 A museum may obtain the collected articles by purchase, receiving donation, exchange in accordance with the law, or any other method prescribed by laws and administrative regulations, and shall not obtain any collected article of which the source is unclear or illegal.
Article 22 A museum shall establish account books and archives on the collected articles. Where the collected articles are cultural relics, the museum shall determine their levels, separately set archives, establish strict management rules, and report it to the competent department of cultural relics for recordation.
The collected articles of which account books and archives have not been established in accordance with the provisions of the preceding paragraph shall not be exchanged or lent.
Article 23 The legal representative of a museum shall be responsible for the safety of the collected articles.
Before the legal representative or manager of the collected articles of a museum leaves his or her position, he or she shall complete the formalities for the transfer of the collected articles.
Article 24 A museum shall strengthen the safety management of collected articles, and on a periodical basis, inspect, maintain and ensure the normal operation of the equipment and facilities guaranteeing the safety of the collected articles. The museum shall set up a special warehouse or use special equipment to retain precious articles and articles that are easy to be damaged, and assign a special person to keep them under custody.
Article 25 Where the collected articles of a museum are state-owned cultural relics, precious cultural relics among non-state-owned cultural relics or other cultural relics prohibited by the state from export, they shall not be exported, or be transferred, leased or pledged to any foreigner.
Where the collected articles of a state-owned museum are cultural relics, they shall not be donated, leased or sold to any other entity or individual.
Article 26 Where a museum is terminated, it shall dispose of the collected articles in accordance with the provisions of laws and administrative regulations on non-profit organizations; and if its collected articles fall under cultural relics prohibited by the state from sale, it shall dispose of the articles according to the laws and administrative regulations on the protection of cultural relics.
Article 27 Where the collected articles of a museum fall under cultural relics or fossils, their acquisition, protection, administration, exhibition, disposal and import and export, among others, shall be governed by the provisions of laws and administrative regulations on the protection of cultural relics and fossils respectively.
Chapter IV Social Services of Museums
Article 28 A museum shall open to the public within six months after obtaining the registration certificate.
Article 29 A museum shall announce to the public its specific opening time. The museum shall open during statutory holidays of the state and summer and winter vacations of schools.
Article 30 A museum shall hold a display or an exhibition in compliance with the following provisions:
(1) Its theme and content comply with the basic principles determined by the Constitution and the requirements for safeguarding national security and national unity, advancing patriotism, upholding scientific spirits, popularizing scientific knowledge, spreading excellent culture, cultivating sound values, promoting social harmony and promoting social civilization and progress.
(2) It conforms to the tenets of the museum, and gives prominence to the peculiarities of the collected articles.
(3) It utilizes appropriate technologies, materials, crafts and techniques of expression, and achieves the harmonious unity of form and content.
(4) The exhibits are mainly original articles, and the use of duplicates and mimics is explicitly indicated.
(5) Scientific, accurate and vivid worded descriptions and explanation service are provided in multiple forms.
(6) Other relevant provisions of laws and administrative regulations.
Where the theme and content of a display or an exhibition are inappropriate for the minors, the museum shall not admit the minors.
Article 31 Where a museum holds a display or an exhibition, it shall, ten working days before the display or exhibition commences, report the theme of the display or exhibition, explanation on exhibits, and explanation words, among others, to the competent department of cultural relics or any other relevant department at the place where the display or exhibition is held for recordation.
The competent departments of cultural relics of the people's governments at all levels and museum industry organizations shall strengthen the guidance and supervision of displays and exhibitions of museums.
Article 32 Museums shall assign appropriate professionals to provide explanations based on the acceptance capability of the minors at different ages; and during the summer and winter vacations of schools, qualified museums shall increase display and exhibition items adapting to the features of students.
Article 33 The state encourages the openness of museums to the public free of charge. People's governments at or above the county level shall offer necessary fund support to museums that are open to the public free of charge.
Where a museum does not open free of charge, its tickets and charging items and standards shall be governed by the relevant provisions of the state, and be announced in a conspicuous position of its fee collection site.
Where a museum does not open free of charge, it shall be free or offer other preferences to the minors, adult students, teachers, the senior, the diseased, and servicemen, among others. The preferential items and standards of museums shall be announced to the public.
Article 34 Museums shall, based on their own features and conditions, utilize modern information technologies to conduct diversified and lively social education and service activities, and participate in community cultural construction and cultural exchange and cooperation with foreign countries.
The state encourages museums to dig into the connotation of the collected articles, integrate them with cultural, creative, tourist and other industries, develop derivative products, and enhance their development capacity.
Article 35 The education administrative department of the State Council shall, jointly with the competent department of cultural relics of the state, formulate the policies and measures for utilizing museum resources to conduct educational, teaching and social practice activities.
The education administrative departments of the local people's governments at all levels shall encourage schools to organize students to conduct learning and practice activities at museums in light of the curriculum and teaching programs.
Museums shall provide support and assistance to various kinds of educational and teaching activities conducted by schools.
Article 36 Museums shall take advantage of the collected articles, conduct theoretical and application research on relevant professional fields, enhance business level, and promote the growth of professionals.
Museums shall provide support and assistance to the scientific research conducted by institutions of higher learning, scientific research institutions, and experts and scholars, among others.
Article 37 The public shall protect the exhibits, facilities and environment of museums, and shall not damage the exhibits and facilities of museums.
Article 38 Museum industry organizations may assess museums based on museums' level of education, services, as well as the protection, research and exhibition of the collected articles. The specific measures shall be formulated by the competment department of cultural relics of the state jointly with other relevant departments.
Chapter V Legal Liability
Article 39 Where a museum obtains any collected article of which the source is unclear or illegal, or the theme or content of the display or exhibition has caused any adverse effect, the competent department of cultural relics of the people's government of the province, autonomous region or municipality directly under the Central Government or the relevant registration administrative authority shall, according to their division of functions, order the museum to make correction, and if there is any illegal income, confiscate its illegal income, and impose a fine of two times up to five times the illegal income on the museum; or if there is no illegal income, impose a fine of 5,000 yuan up to 20,000 yuan on the museum; and if the circumstances are serious, the registration administrative authority shall cancel its registration.
Article 40 Where a museum engages in the business operation of collected articles that are cultural relics, the administrative department for industry and commerce shall punish the museum in accordance with the provisions of laws and administrative regulations on the protection of cultural relics.
Where a museum engages in the business operation of collected articles that are not cultural relics, or engages in any other business operation in violation of the tenets of the museum, and harms visitors' interests, the competent department of cultural relics of the people's government of the province, autonomous region or municipality directly under the Central Government or the relevant registration administrative authority shall, according to their division of functions, order the museum to make correction, and if there is any illegal income, confiscate its illegal income, and impose a fine of two times up to five times the illegal income on the museum; or if there is no illegal income, impose a fine of 5,000 yuan up to 20,000 yuan on the museum; and if the circumstances are serious, the registration administrative authority shall cancel its registration.
Article 41 Where a museum fails to open to the public within six months after obtaining the registration certificate, or fails to open free of charge or offer other preferences in accordance with the provisions of this Regulation, the competent department of cultural relics of the people's government of the province, autonomous region or municipality directly under the Central Government shall order the museum to make correction; and if the museum fails to do so, the registration administrative authority shall cancel its registration.
Article 42 Where a museum violates any provision on price-related law or administrative regulation, the competent department of price of the local people's government at or above the county level at the place where the museum is located shall impose sanctions on the museum in accordance with the law.
Article 43 Where the competent department of cultural relics or any other relevant department of the people's government at or above the county level or any of its staff members neglects duty, abuses power, practices favoritism or makes falsifications, or seeks or receives any other's property by taking advantage of his or her position, the people's government at the same level or the superior authority shall order the violator to make correction, and circulate a notice of criticism to the violator; and impose disciplinary sanctions on the person directly in charge and other directly resonsible persons in accordance with the law.
Article 44 Where anyone violates this Regulation, which constitutes a crime, the violator shall be subject to criminal liability in accordance with the law.
Chapter VI Supplementary Provisions
Article 45 For the purpose of this Regulation, museums exclude science popularization venues for the purpose of popularizing scientific technologies.
Article 46 The museums affiliated to the Chinese People's Liberation Army shall be administered by the provisions on armies.
Article 47 This Regulation shall come into force on March 20, 2015.