Museums ordinance

Chapter I General provisions
Article 1 These Regulations are formulated for the purpose of promoting the development of museums, giving full play to the functions of museums, meeting the spiritual and cultural needs of citizens, and improving the ideological, moral, scientific and cultural qualities of citizens.
Article 2 The term "museum" as mentioned in these Regulations refers to a non-profit organization that collects, protects and displays to the public witnesses of human activities and natural environment for the purpose of education, research and appreciation, and has been registered by the registration and administration authority according to law.
Museums include both state-owned and non-state-owned museums. A museum established using or mainly using state-owned assets shall be a state-owned museum; A museum established using or mainly using non-state-owned assets is a non-state-owned museum.
The state treats both state-owned and non-state-owned museums fairly in terms of the conditions for the establishment of museums, the provision of social services, standardized management, the evaluation of professional and technical titles, and fiscal and tax support policies.
Article 3 In carrying out social services, museums shall adhere to the direction of serving the people and socialism and the principle of being close to reality, close to life and close to the masses, so as to enrich the spiritual and cultural life of the people.
Article 4 The State shall formulate plans for the development of museums and improve the system of museums. The State encourages enterprises, institutions, public organizations, citizens and other social forces to set up museums in accordance with law.
Article 5 The normal operation funds of state-owned museums shall be included in the financial budget at the corresponding level; The organizer of a non-state-owned museum shall guarantee the normal operation funds of the museum.
The State encourages the establishment of public welfare funds to provide funds for museums and encourages museums to raise funds through various channels to promote their own development.
Article 6 Museums shall enjoy tax incentives according to law.
Those who establish museums according to law or provide donations to museums shall enjoy tax incentives in accordance with relevant state regulations.
Article 7 The competent state department for cultural relics shall be responsible for the supervision and administration of museums throughout the country. Other relevant departments under The State Council shall be responsible for the administration of museums within the scope of their respective functions and duties.
The departments in charge of cultural relics under the local people's governments at or above the county level shall be responsible for the supervision and administration of museums in their respective administrative areas. Other relevant departments of the local people's governments at or above the county level shall, within the scope of their respective functions and responsibilities, be responsible for the administration of museums in their respective administrative areas.
Article 8 Museum industry organizations shall formulate industry self-discipline norms according to law, safeguard the legitimate rights and interests of members, guide and supervise the business activities of members, and promote the healthy development of museum undertakings.
Article 9 Organizations or individuals that have made outstanding contributions to the cause of museums shall be commended and rewarded in accordance with the relevant provisions of the State. [1]
Chapter II Establishment, alteration and termination of the museum
Article 10 For the establishment of a museum, the following conditions shall be met:
(1) Fixed museum sites, exhibition rooms and storage places for collections in accordance with State regulations;
(b) a corresponding number of collections and necessary research materials, and can form a display and exhibition system;
(3) Professional and technical personnel appropriate to their scale and functions;
(4) necessary funds for the establishment of the museum and stable sources of funds for its operation;
(5) Facilities, systems and emergency plans to ensure the personal safety of the audience.
The construction of museum buildings should adhere to the combination of new buildings and renovation of existing buildings, and encourage the use of former residences of celebrities and industrial heritage as museum buildings. The newly built or reconstructed buildings shall increase the proportion of the exhibition and storage area of the collections to the total area.
Article 11 Articles of association shall be formulated for the establishment of a museum. The articles of association of the museum shall include the following matters:
(1) The name and location of the museum;
(2) The purpose and business scope of the museum;
(3) the organizational management system, including the method for the formation of the board of directors or other forms of decision-making bodies, their composition, term of office, rules of procedure, etc.;
(4) Rules for the display, protection, management and disposal of collections;
(5) Rules for asset management and use;
(6) Procedures for amending articles of association;
(7) termination of the procedure and disposal of assets after termination;
(8) Other matters that need to be stipulated by the articles of Association.
Article 12 The establishment, alteration or termination of a state-owned museum shall be handled in accordance with the relevant laws and administrative regulations on the registration and administration of public institutions, and shall be filed with the competent department of cultural relics of the people's government of the province, autonomous region or municipality directly under the Central government where the museum is located.
Article 13 The establishment, alteration and termination of a museum whose collection belongs to paleontological fossils shall comply with the provisions of relevant laws and administrative regulations on the protection of paleontological fossils, and shall be filed with the competent department of cultural relics of the people's government of the province, autonomous region and municipality directly under the Central Government where the museum is located.
Article 14 The establishment of a non-state-owned museum whose collection does not belong to paleontological fossils shall be filed with the competent department of cultural relics of the people's government of the province, autonomous region or municipality directly under the Central Government where the museum is located, and the following materials shall be submitted:
(1) Draft articles of Association of the Museum;
(2) Proof of the ownership or use right of the museum premises, and proof materials that the environmental conditions of the exhibition rooms and the storage sites of the collections meet the needs of the display, protection and management of the collections;
(3) Catalogue of collections, overview of collections and explanation of legal sources of collections;
(4) capital contribution certificate or capital verification report;
(5) The basic information of professional and technical personnel and managerial personnel;
(6) Exhibition plan.
Article 15 The establishment of a non-state-owned museum whose collection does not belong to paleontological fossils shall go through the formalities for registration as a legal person in accordance with the relevant registration and administration authorities.
The alteration or termination of the non-state-owned museum as provided for in the preceding paragraph shall be handled by the relevant registration and administration authority for alteration registration or cancellation of registration according to law, and shall be filed with the competent department of cultural relics of the people's government of the province, autonomous region or municipality directly under the Central Government where the museum is located.
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 promptly publish the names, addresses, contact information, major collections and other information of museums that have been filed in their respective administrative areas. [1]
Chapter Three Museum management
Article 17 A museum shall improve its corporate governance structure and establish and improve the relevant organizational management system.
Article 18 Professional and technical personnel of museums shall have their professional and technical titles assessed in accordance with the relevant provisions of the State.
Article 19 No organization or individual may seize the assets that museums manage and use according to law.
Museums may not engage in commercial operations of cultural relics and other collections. Museums engaged in other commercial operations may not violate the purposes of the museum or harm the interests of visitors. Specific measures for museums to engage in other commercial activities shall be formulated by the state department in charge of cultural relics.
Article 20 Museums accepting donations shall abide by the provisions of relevant laws and administrative regulations.
A museum may, in accordance with law, name its premises or other facilities after the name of its sponsor or donor; Non-state-owned museums may also use the name of the organizer or donor as the name of the museum.
Article 21 Museums may acquire collections through purchase, donation, exchange according to law and other means prescribed by laws and administrative regulations, and shall not acquire collections with unknown or illegal sources.
Article 22 Museums shall establish accounts and archives of collections. Where the collection belongs to cultural relics, it shall distinguish the grade of cultural relics, set up a separate cultural relics archive, establish a strict management system, and report to the department in charge of cultural relics for the record.
Collections that have not been recorded or documented in accordance with the provisions of the preceding paragraph may not be exchanged or lent.
Article 23 The legal representative of the museum shall be responsible for the safety of the collections.
Before leaving office, the legal representative of the museum and the collection management personnel shall complete the formalities for the transfer of the collection.
Article 24 Museums shall strengthen the safety management of their collections, regularly inspect and maintain the equipment and facilities that guarantee the safety of their collections, and ensure their normal operation. Special repositories or special equipment shall be set up for the preservation of precious and vulnerable collections, and specially-assigned persons shall be responsible for their safekeeping.
Article 25 Museum collections belonging to state-owned cultural relics, precious cultural relics among non-state-owned cultural relics and other cultural relics prohibited from leaving the country by state regulations may not leave the country, be transferred, leased or pledged to foreigners.
Collections of state-owned museums that are cultural relics may not be donated, leased or sold to other units or individuals.
Article 26 Where a museum terminates, it shall dispose of its collections in accordance with relevant laws and administrative regulations of non-profit organizations; Where the collection belongs to cultural relics whose sale is prohibited by the State, it shall be disposed of in accordance with the relevant laws and administrative regulations on the protection of cultural relics.
Article 27 Where museum collections belong to cultural relics or paleontological fossils, their acquisition, protection, management, display, disposal, entry and exit shall also comply with the provisions of the laws and administrative regulations on the protection of cultural relics and paleontological fossils respectively. [1]
Chapter four: Museum social service
Article 28 A museum shall be open to the public within six months from the date of obtaining the registration certificate.
Article 29 Museums shall announce the specific opening hours to the public. Museums should be open during national holidays, winter and summer holidays.
Article 30 A museum shall observe the following provisions in holding a display exhibition:
(1) The theme and content shall conform to the basic principles set forth in the Constitution and the requirements of safeguarding national security and national unity, promoting patriotism, advocating the scientific spirit, popularizing scientific knowledge, disseminating fine culture, cultivating good manners, promoting social harmony, and promoting social civilization and progress;
(2) Adapt to the purpose of the museum and highlight the characteristics of the collection;
(3) The use of appropriate technology, materials, techniques and means of expression to achieve a harmonious unity of form and content;
(4) The exhibits are mainly original, and the use of reproductions and imitations shall be indicated;
(5) to provide scientific, accurate and vivid textual explanation and explanation services in various forms;
(6) Other relevant provisions of laws and administrative regulations.
Where the theme and content of the exhibition are not suitable for minors, the museum shall not admit minors.
Article 31 Where a museum holds a display or exhibition, it shall, 10 working days before the start of the display or exhibition, submit the theme of the display or exhibition, descriptions of the exhibits and explanations, etc., to the competent department of cultural relics or other relevant departments at the place where the display or exhibition is held for record.
The competent departments of cultural relics of the people's governments at all levels and the trade organizations of museums shall strengthen the guidance and supervision of the exhibition of museums.
Article 32 Museums shall be equipped with appropriate professional personnel to give explanations according to the ability of minors of different ages to accept; During the winter and summer vacations of schools, qualified museums shall add exhibition items suitable for the characteristics of students.
Article 33 The State encourages museums to be open to the public free of charge. People's governments at or above the county level shall provide necessary financial support for museums that are open to the public free of charge.
Where a museum is not open free of charge, its tickets, items and standards for fees shall be implemented in accordance with the relevant provisions of the State, and shall be published in a prominent position at the place where fees are charged.
Where a museum is not open free of charge, it shall provide free admission or other preferential treatment to minors, adult students, teachers, the elderly, the disabled and servicemen. The preferential items and standards of the museum shall be announced to the public.
Article 34 Museums shall, in accordance with their own characteristics and conditions, make use of modern information technology to carry out diverse and lively social education and service activities, participate in community cultural construction and cultural exchanges and cooperation with foreign countries.
The state encourages museums to explore the connotation of collections, combine them with cultural creativity, tourism and other industries, develop derivative products, and enhance the development capacity of museums.
Article 35 The administrative department of education under The State Council shall, in conjunction with the state department in charge of cultural relics, formulate policies and measures for using museum resources to carry out educational, teaching and social practice activities.
The administrative departments of education of the local people's governments at all levels shall encourage schools to organize students to carry out learning and practical activities in museums in combination with curriculum Settings and teaching plans.
Museums shall provide support and assistance to schools in carrying out various related educational and teaching activities.
Article 36 Museums shall give full play to the advantages of their collections, carry out theoretical and applied research in related professional fields, improve their professional level and promote the growth of professional talents.
Museums shall provide support and assistance to institutions of higher learning, scientific research institutions, experts and scholars in carrying out scientific research.
Article 37 The public shall take good care of museum exhibits, facilities and the environment, and shall not damage museum exhibits and facilities.
Article 38 Museum trade organizations may evaluate museums on the basis of their level of education, services, protection of collections, research and display. Specific measures shall be formulated by the State department in charge of cultural relics in conjunction with other relevant departments. [1]
Chapter V Legal liability
Article 39 Where a museum acquires a collection of objects of unknown or illegal origin, or where the theme or content of an exhibition causes adverse effects, the competent department of cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government or the relevant registration administration department shall, in accordance with the division of functions and duties, order it to make corrections; if there are illegal gains, the illegal gains shall be confiscated and a fine of not less than two times but not more than five times the illegal gains shall be imposed; If there are no illegal gains, a fine of not less than 5,000 yuan but not more than 20,000 yuan shall be imposed; If the circumstances are serious, registration shall be revoked by the registration administration authority.
Article 40 Where a museum engages in the commercial operation of cultural relics in its collections, it shall be punished by the administrative department for industry and commerce in accordance with the relevant laws and administrative regulations on the protection of cultural relics.
Where a museum engages in commercial operations other than its collections of cultural relics, or engages in other commercial operations that violate the purpose of the museum or harm the interests of visitors, the competent department of cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government or the relevant registration administration department shall, in accordance with the division of functions and duties, order it to make corrections; if any illegal gains are found, the illegal gains shall be confiscated and a fine of not less than two times but not more than five times the illegal gains shall be imposed; If there are no illegal gains, a fine of not less than 5,000 yuan but not more than 20,000 yuan shall be imposed; If the circumstances are serious, registration shall be revoked by the registration administration authority.
Article 41 Where a museum fails to open to the public within six months from the date of obtaining the registration certificate, or fails to offer free or other preferential treatment in accordance with the provisions of these Regulations, the competent department of cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government shall order it to make corrections; If it refuses to make corrections, the registration authority shall revoke its registration.
Article 42 Where a museum violates the relevant laws and administrative regulations on price, it shall be punished according to law by the competent pricing department of the local people's government at or above the county level where the museum is located.
Article 43 Where the competent department for cultural relics of the people's government at or above the county level or any other relevant department or its staff members neglect their duties, abuse their power, practice favoritism, or take advantage of their positions to solicit or accept property or property from others, the people's government at the same level or the organ at a higher level shall order them to make corrections and notify them of criticism; The persons directly in charge and other persons directly responsible shall be given sanctions according to law.
Article 44 Whoever violates the provisions of these Regulations and constitutes a crime shall be investigated for criminal responsibility according to law. [1]
Chapter VI Supplementary Provisions
Article 45 Museums as mentioned in these Regulations do not include popular science venues for the purpose of popularizing science and technology.
Article 46 Museums of the Chinese People's Liberation Army shall be administered in accordance with the relevant provisions of the army.
Article 47 These Regulations shall come into force as of March 20, 2015