Regulations on Museums

Order of the State Council of the People's Republic of China No.659

February 9, 2015

The Regulations on Museums, adopted at the 78th Executive Meeting of the State Council on January 14, 2015, are hereby promulgated for implementation as of March 20, 2015.

Premier Li Keqiang

Regulations on Museums

Chapter I General Provisions

Article 1 In order to promote the development of museum undertakings, bring the functions of museums into play, meet the spiritual and cultural demands of the public, and raise the ideology and morality as well as science and cultural quality of citizens, the Regulations on Museums (hereinafter referred to as the "Regulations") are formulated.

Article 2 For the purpose of the Regulations, museums refer to the non-profit organizations legally registered with registration and administration authorities that collect, protect and exhibit to the public the evidence of human activities and natural environment for purposes of education, research and appreciation.
Museums include state-owned museums which are established by using or mainly using the state-owned assets and non-state-owned museums which are established by using or mainly using the non-state-owned assets.
The State provides equal treatment for state-owned museums and non-state-owned museums in terms of conditions for establishment, provision of social services, standardized management, assessment of professional technical titles, financial and taxation support policies for museums, and other aspects.

Article 3 Museums shall, in conducting social services, stick to the direction of serving the people and serving the socialism and the principles of staying close to reality, life and the masses and enrich the spiritual and cultural life of the masses.

Article 4 The State formulates the development plan for museum undertakings and improves the museum system.
The State encourages enterprises, public institutions, social groups, citizens and other social forces to establish museums in accordance with the law.

Article 5 The funds for normal operation of state-owned museums are included in the financial budget at the corresponding level; the sponsors of the non-state-owned museums shall guarantee the funds for normal operation of museums.
The State encourages the establishment of public-welfare funds to provide funds for museums and encourages museums to raise funds from multiple channels to promote their own development.

Article 6 Museums are entitled to tax preferences in accordance with the law.
Any person establishing museums or making donations to museums in accordance with the law is entitled to tax preferences in accordance with relevant provisions of the State.

Article 7 The competent department of cultural heritage of the State is responsible for the supervision and administration over museums nationwide. Other relevant departments under the State Council are responsible for the administration over relevant museums within the scope of their respective responsibilities.
The competent departments of cultural heritage of the local people's governments at or above the county level are responsible for the supervision and administration over the museums within their respective administrative regions. Other relevant departments of the local people's governments at or above the county level are responsible for the administration over relevant museums within their respective administrative regions and within the scope of their respective responsibilities.

Article 8 Industrial organizations of museums shall formulate self-disciplinary norms of the industry in accordance with the law, safeguard the legitimate rights and interests of the members and guide and supervise the business activities of members so as to promote the healthy development of museum undertakings.

Article 9 Commendation and rewards are given to the organizations or individuals making outstanding contribution to the museum undertakings in accordance with relevant provisions of the State.

Chapter II Establishment, Change and Termination of Museums

Article 10 To establish a museum, the following conditions shall be satisfied:
1. having fixed museum sites, exhibition rooms and places for preserving collections that conform to relevant provisions of the State;
2. having appropriate quantity of collections and necessary research materials and being able to form display and exhibition systems;
3. having professional technicians commensurate to its scale and functions;
4. having necessary funds for running the museum and stable source of funds for operation; and
5. having the facilities, systems and emergency response plan for guaranteeing the personal safety of the audience.
The construction of museum buildings and sites shall stick to the combination of building of new buildings and sites and renovation of existing structures and it is encouraged to use former residences of celebrities, industrial heritage and others as museum buildings and sites. The proportion of the area for exhibition, display and preservation of collections in the total area of a newly built or renovated museum building and site shall be increased.

Article 11 To establish a museum, the articles of association shall be formulated. The articles of association of a museum shall include following matters:
1. name and site of the museum;
2. purpose of the museum and the business scope;
3. organization and management system, including the election method, composition, term of office and procedural rules of the council or other decision-making body;
4. rules for exhibition, protection, management and disposal of collections;
5. rules for management and use of assets;
6. procedures for amending the articles of association;
7. termination procedure and the disposal of assets after termination; and
8. other matters that need to be prescribed by the articles of association.

Article 12 The establishment, change and termination of a state-owned museum shall be handled in accordance with the provisions of laws and administrative regulations on registration and administration of public institutions and recorded with the competent department of cultural heritage of the province, autonomous region or municipality directly under the Central Government in the place where the museum site is located.

Article 13 The establishment, change or termination of a museum of which the collections belong to fossil specimens shall conform to the provisions of laws and administrative regulations on protection of fossil specimens and recorded with the competent department of cultural heritage of the province, autonomous region or municipality directly under the Central Government in the place where the museum site is located.

Article 14 To establish a non-state-owned museum of which the collections do not belong to fossil specimens, record-filing shall be made with the competent department of cultural heritage of the province, autonomous region or municipality directly under the Central Government in the place where the museum site is located and following materials shall be submitted:
1. draft articles of association of the museum;
2. certificate of the ownership or use rights of the museum building and site and argumentation materials that the environmental conditions of the exhibition rooms and the places for preserving collections meet the requirements for exhibition, protection and management of collections;
3. catalogue of collections, brief description of collections and explanation of legal sources of collections;
4. certificate of capital contribution or capital verification report;
5. profile of professional technicians and management personnel; and
6. display and exhibition plan.

Article 15 To establish a non-state-owned museum of which the collections do not belong to fossil specimens, the formalities for registration as a legal person shall be handled with the relevant registration and administration authority in accordance with the law.
Where a non-state-owned museum prescribed in the preceding paragraph is changed or terminated, the registration of the change or deregistration shall be handled with the relevant registration and administration authority in accordance with the law and record-filing shall be made with the competent department of cultural heritage of the province, autonomous region or municipality directly under the Central Government in the place where the museum site is located.

Article 16 The competent departments of cultural heritage of provinces, autonomous regions and municipalities directly under the Central Government shall publish the names, addresses, contact information, main collections and other relevant information of the recorded museums in their respective administrative regions in a timely manner.

Chapter III Administration over Museums

Article 17 Museums shall improve the legal person governance structure and establish and perfect relevant organization and management systems.

Article 18 Professional technical titles are assessed and determined for professional technicians of museums in accordance with relevant provisions of the State.

Article 19 Museums shall manage and use assets in accordance with the law and no organization or individual may misappropriate the assets.
Museums shall not engage in the activities of business operation regarding cultural heritage and other collections. When engaging in other activities of business operation, museums shall not violate the objectives of operating the museums and shall not harm the interests of the audience. The specific measures for museums to engage in other activities of business operation are formulated by the competent department of cultural heritage of the State.

Article 20 Museums shall observe the provisions of relevant laws and administrative regulations in accepting donations.
The buildings, sites or other facilities of museums may be named after the names of their sponsors or donators in accordance with the law; a non-state-owned museum may also be named after the name of its sponsor or donator in accordance with the law.

Article 21 Museums may obtain collections through purchase, acceptance of donations, exchange in accordance with the law and other methods prescribed by laws and administrative regulations and shall not obtain collections with unknown sources or with illegal sources.

Article 22 Museums shall establish accounts and files of collections. For the collections that belong to the cultural heritage, grades of cultural heritage shall be determined and separate files and strict management system shall be maintained therefor. Record-filing of such collections shall be made with competent departments of cultural heritage.
The collections for which accounts or files are not maintained in accordance with the preceding paragraph shall not be exchanged or lent out.

Article 23 The legal representative of a museum is responsible for the safety of collections.
The legal representative or collection management personnel of a museum shall handle handover formalities for collections before leaving office.

Article 24 A museum shall strengthen the safety management of collections, conduct regular inspection and maintenance of the equipment and facilities guaranteeing the safety of collections and ensure their normal operation. Precious collections and vulnerable collections shall be preserved in special warehouses or special equipment and special persons shall be designated for custody thereof.

Article 25 The museum collections that belong to the state-owned cultural heritage, precious cultural heritage among the non-state-owned cultural heritage, and other cultural heritage prohibited from exportation under relevant provisions of the State shall not be exported or transferred, leased and pledged to foreigners.
The collections of the state-owned museums that belong to the cultural heritage shall not be given as gifts, leased out or sold out to other entities and individuals.

Article 26 Upon termination of a museum, the collections shall be disposed of in accordance with laws and administrative regulations on non-profit organizations; the collections that belong to the cultural heritage prohibited from trading by the State shall be disposed of in accordance with laws and administrative regulations on protection of the cultural heritage.

Article 27 Where the collections of museums belong to the cultural heritage or fossil specimens, the acquisition, protection, management, exhibition, disposal, entry or exit thereof shall respectively comply with the provisions of the laws and administrative regulations on protection of the cultural heritage or protection of fossil specimens.

Chapter IV Social Services of Museums

Article 28 A museum shall be open to the public within six months from the date of obtaining the registration certificate.

Article 29 A museum shall announce the specific opening time to the public. Museums shall be open on national public holidays and winter and summer vocations of schools.

Article 30 A display or exhibition held by a museum shall comply with following provisions:
1. the theme and content shall conform to the basic principles determined by the Constitution and the requirements for safeguarding the national security and the unity of the country, promoting patriotism, advocating the spirit of science, popularizing scientific knowledge, spreading excellent culture, cultivating good custom, improving social harmony and advancing social civilization and progress;
2. being appropriate to the objectives of running the museum and giving prominence to the characteristics of collections;
3. using appropriate technologies, materials, processes and modes of expression to reach the harmony and unity of form and content;
4. displays shall be mainly in originals, and replicas and imitations, if used, shall be clearly indicated;
5. taking various forms to provide scientific, accurate and vivid word description and explanation services; and
6. other relevant provisions of laws and administrative regulations.
If the theme and content of the display or exhibition are not appropriate to minors, the museum shall not admit minors.

Article 31 A museum to held a display or exhibition shall, ten working days prior to the commencement of the display or exhibition, submit the theme of the display or exhibition, explanation of the exhibits, worded explanations, and other relevant matters to the competent department of cultural heritage or any other relevant departments of the place where the display or exhibition is held for record-filing.
The competent departments of the governments at all levels and the industrial organizations of museums shall strengthen the guidance and supervision over the display and exhibition of museums.

Article 32 Museums shall be equipped with appropriate professional personnel and provide explanations to the minors of different age groups according to their capability; during winter and summer vacations of schools, the museums where conditions permit shall increase the display and exhibition programs that are suitable to the characteristics of students.

Article 33 The State encourages museums to be open to the public for free. The people's governments at or above the county level shall provide necessary financial support for the museums that are open to the public for free.
For the museums that are not open to the public for free, their admission tickets and the charging items and standards shall be subject to relevant provisions of the State and shall be published at prominent places of charging locations.
The museums that are not open for free shall grant free admission or other preferential treatment to minors, adult students, teachers, the elderly, the disabled, servicemen, and other relevant persons. The items and standards of the preferential treatment provided by museums shall be announced to the public.

Article 34 Museums shall, according to their respective characteristics and conditions, make use of modern information technologies to carry out various forms of lively and vivid social education and service activities and participate in community cultural construction and foreign cultural exchanges and cooperation.
The State encourages museums to explore the connotations of collections, develop derivatives in combination with culture creativity, tourism and other industries, and increase the development capability of museums.

Article 35 The administrative department of education under the State Council shall, in concert with the competent department of cultural heritage of the State, formulate the policies and measures for making use of museum resources to develop education, teaching and social practice activities.
The administrative departments of education of local people's governments at various levels shall encourage schools to organize students to carry out study and practice activities in museums in line with curriculums and teaching plans.
Museums shall provide support and assistance for schools in various relevant education and teaching activities carried out thereby.

Article 36 Museums shall bring the advantages of collections into play, conduct research in theories and application in relevant professional fields, improve professional level and promote the growth of professional talents.
Museums shall provide support and assistance for colleges and universities, scientific research institutions as well as exports and scholars in their scientific research work.

Article 37 The public shall take care of the exhibits, facilities and environment of museums and shall not damage the exhibits and facilities of museums.

Article 38 Industrial organizations of museums may make evaluation of museums according to the level of the education, the services, and the protection, research and exhibition of collections. Specific measures therefor are formulated by the competent department of cultural heritage of the State in concert with other relevant departments.

Chapter V Legal Liability

Article 39 Where a museum obtains the collections with unknown sources or illegal sources or the theme or content of its display or exhibition results in adverse impact, the competent department of cultural heritage or relevant registration and administration authority of the people's government of the province, autonomous region or municipality directly under the Central Government shall order it to make corrections according to the division of responsibilities thereof, confiscate its illegal gains, if any, impose on it a fine not less than two times but not more than five times the illegal gains; if there is no illegal gain, a fine not less than CNY5,000 but not more than CNY20,000 shall be imposed; if the circumstances are serious, it shall be deregistered by the registration and administration authority.

Article 40 Any museums that engage in the activities of business operation regarding collections of the cultural heritage shall be subject to the punishment imposed by administrations for industry and commerce in accordance with the laws and administrative regulations on protection of the cultural heritage.
Where a museum engages in the activities of business operation regarding the collections that are not cultural heritage or engages in other activities of business operation in violation of the objectives of running the museum and causes harm to the interests of the audience, the competent department of cultural heritage or relevant registration and administration authority of the people's government of the province, autonomous region or municipality directly under the Central Government shall order it to make corrections according to the division of responsibilities thereof, confiscate its illegal gains, if any, impose on it a fine not less than two times but not more than five times the illegal gains; if there is no illegal gain, a fine not less than CNY5,000 but not more than CNY20,000 shall be imposed; if the circumstances are serious, it shall be deregistered by the registration and administration authority.

Article 41 Where a museum fails to be open to the public within six months from the date of obtaining the registration certificate or fails to provide free admission or other preferential treatment in accordance with the provisions hereof, the competent department of cultural heritage of the people's government of the province, autonomous region or municipality directly under the Central Government shall order it to make corrections; if it refuses to make corrections, it shall be deregistered by the registration and administration authority.

Article 42 Any museum that violates the price laws and administrative regulations shall be subject to the punishment imposed by the competent department of price of the local people's government at or above the county level of the place where the museum site is located in accordance with the law.

Article 43 Where any competent department of cultural heritage or other relevant departments of the people's government at or above the county level and their staff members neglect their duties, misuse their powers, commit irregularities for personal gains or solicit or accept valuables from others by taking advantage of their positions, the people's government at the corresponding level or the organs at higher level shall order them to make corrections and circulate a notice of criticism; the person directly in charge and other persons directly liable shall be subject to sanction in accordance with the law.

Article 44 Where any person violates the Regulations, which constitutes a criminal offense, such person shall be subject to criminal liability in accordance with the law.

Chapter VI Supplementary Provisions

Article 45 For the purpose of the Regulations, museums do not include the science popularization places and buildings with the purpose of popularizing science and technology.

Article 46 The museums under the Chinese People's Liberation Army shall be administered in accordance with relevant provisions of the army.

Article 47 The Regulations shall come into force as of March 20, 2015.