Museum Regulations
Release time:
2022-01-17
Chapter One General Principles
Article OneIn order to promote the development of the museum industry, enhance the functions of museums, meet the spiritual and cultural needs of citizens, and improve the ideological, moral, and scientific cultural quality of citizens, these regulations are formulated.
Article TwoThe term "museum" as used in these regulations refers to a non-profit organization that collects, protects, and publicly displays evidence of human activities and the natural environment for the purposes of education, research, and appreciation, and is registered with the relevant registration authority.
Museums include state-owned museums and non-state-owned museums. Museums established primarily using state assets are state-owned museums; those established primarily using non-state assets are non-state-owned museums.
The state treats state-owned and non-state-owned museums equally in terms of the conditions for establishing museums, providing social services, regulating management, evaluating professional technical titles, and fiscal and tax support policies.
Article ThreeMuseums should adhere to the direction of serving the people and socialism in their social services, and follow the principles of being close to reality, life, and the masses, enriching the spiritual and cultural life of the people.
Article FourThe state formulates development plans for the museum industry and improves the museum system.
The state encourages enterprises, public institutions, social organizations, and citizens to establish museums in accordance with the law.
Article FiveThe normal operating expenses of state-owned museums are included in the local financial budget; the organizers of non-state-owned museums should ensure the normal operating expenses of the museums.
The state encourages the establishment of public welfare funds to provide funding for museums and encourages museums to raise funds through multiple channels to promote their own development.
Article SixMuseums enjoy tax benefits in accordance with the law.
Those who establish museums or donate to museums in accordance with the law enjoy tax benefits according to relevant national regulations.
Article SevenThe national cultural relics authority is responsible for the supervision and management of museums nationwide. Other relevant departments of the State Council are responsible for the management of related museums within their respective responsibilities.
The cultural relics authorities of local people's governments at or above the county level are responsible for the supervision and management of museums in their administrative regions. Other relevant departments of local people's governments at or above the county level are responsible for the management of related museums within their respective responsibilities.
Article EightIndustry organizations of museums should formulate industry self-regulatory norms in accordance with the law, safeguard the legitimate rights and interests of their members, guide and supervise the business activities of their members, and promote the healthy development of the museum industry.
Article NineOrganizations or individuals that have made outstanding contributions to the museum industry shall be recognized and rewarded in accordance with relevant national regulations.
Chapter Two Establishment, Change, and Termination of Museums
Article TenTo establish a museum, the following conditions must be met:
(1) A fixed location and exhibition rooms and storage areas for collections that meet national standards;
(2) A corresponding number of collections and necessary research materials, and the ability to form an exhibition system;
(3) Professional technical personnel that are appropriate to its scale and function;
(4) Necessary funding for operating the museum and stable sources of operating funds;
(5) Facilities, systems, and emergency plans to ensure the safety of visitors.
The construction of museum buildings should combine new construction with the renovation of existing buildings, encouraging the use of former residences of famous people, industrial heritage, etc., as museum buildings. New and renovated buildings should increase the proportion of exhibition and storage areas for collections.
Article ElevenThe establishment of a museum should formulate its charter. The museum's charter should include the following matters:
(1) The name and location of the museum;
(2) The purpose and scope of the museum;
(3) Organizational management systems, including the methods of generating the board of directors or other decision-making bodies, personnel composition, term of office, and rules of procedure;
(4) Rules for the display, protection, management, and disposal of collections;
(5) Rules for asset management and use;
(6) Procedures for amending the charter;
(7) Termination procedures and handling of assets after termination;
(8) Other matters that need to be specified in the charter.
Article TwelveThe establishment, change, and termination of state-owned museums shall be handled in accordance with the relevant laws and administrative regulations on the registration and management of public institutions, and shall be filed with the cultural relics authority of the provincial, autonomous region, or municipality directly under the Central Government where the museum is located.
Article ThirteenMuseums whose collections consist of paleontological fossils must comply with relevant laws and administrative regulations on the protection of paleontological fossils when establishing, changing, or terminating, and must file with the cultural relics authority of the provincial, autonomous region, or municipality directly under the Central Government where the museum is located.
Article FourteenNon-state-owned museums that do not have collections of paleontological fossils must file with the cultural relics authority of the provincial, autonomous region, or municipality directly under the Central Government where the museum is located and submit the following materials:
(1) Draft charter of the museum;
(2) Proof of ownership or use rights of the museum building, and materials demonstrating that the environmental conditions of the exhibition rooms and storage areas meet the needs for displaying, protecting, and managing the collections;
(3) Catalog of collections, overview of collections, and proof of legal sources of collections;
(4) Proof of funding or capital verification report;
(5) Basic information about professional technical personnel and management personnel;
(6) Exhibition plan.
Article FifteenNon-state-owned museums that establish collections not belonging to paleontological fossils shall go to the relevant registration management authority to handle legal person registration procedures in accordance with the law.
If the non-state-owned museum mentioned in the previous paragraph changes or terminates, it shall go to the relevant registration management authority to handle change registration and cancellation registration in accordance with the law, and file with the cultural relics management department of the people's government of the province, autonomous region, or municipality directly under the central government where the museum is located.
Article 16The cultural relics management department of the people's government of the province, autonomous region, or municipality directly under the central government shall promptly publish the names, addresses, contact information, and main collections of the museums that have been filed in this administrative region.
Chapter 3 Museum Management
Article 17Museums shall improve their legal governance structure and establish and improve relevant organizational management systems.
Article 18Professional technical personnel in museums shall evaluate their professional technical titles according to national regulations.
Article 19Assets managed and used by museums in accordance with the law shall not be occupied by any organization or individual.
Museums shall not engage in commercial activities related to cultural relics and other collections. Museums engaging in other commercial activities shall not violate the purpose of running the museum and shall not harm the interests of the audience. The specific methods for museums to engage in other commercial activities shall be formulated by the national cultural relics management department.
Article 20Museums accepting donations shall comply with relevant laws and administrative regulations.
Museums may legally name the museum building or other facilities after the name of the organizer or donor; non-state-owned museums may also legally use the name of the organizer or donor as the museum's name.
Article 21Museums may obtain collections through purchase, acceptance of donations, legal exchanges, and other methods prescribed by laws and administrative regulations, and shall not obtain collections of unknown or illegal sources.
Article 22Museums shall establish accounts and archives for collections. If the collections are cultural relics, they shall distinguish the levels of cultural relics, set up separate archives for cultural relics, establish strict management systems, and report to the cultural relics management department for filing.
Collections that have not established accounts and archives in accordance with the previous paragraph shall not be exchanged or lent.
Article 23The legal representative of the museum is responsible for the safety of the collections.
Before the legal representative of the museum and the collection management personnel leave their posts, they shall complete the handover procedures for the collections.
Article 24Museums shall strengthen the safety management of collections, regularly inspect and maintain the equipment and facilities that ensure the safety of collections, and ensure their normal operation. Special warehouses or special equipment shall be established for precious and fragile collections, and dedicated personnel shall be responsible for their safekeeping.
Article 25Collections 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 national regulations shall not be exported, transferred, rented, or pledged to foreigners.
Collections of state-owned museums that are cultural relics shall not be donated, rented, or sold to other units and individuals.
Article 26When a museum is terminated, it shall handle the collections in accordance with the relevant laws and administrative regulations for non-profit organizations; if the collections are cultural relics prohibited from buying and selling by the state, they shall be handled in accordance with the relevant laws and administrative regulations for cultural relics protection.
Article 27Collections belonging to cultural relics or paleontological fossils in museums shall also comply with the relevant laws and administrative regulations on cultural relics protection and paleontological fossil protection regarding their acquisition, protection, management, display, disposal, and entry and exit.
Chapter 4 Museum Social Services
Article 28Museums shall open to the public within 6 months from the date of obtaining the registration certificate.
Article 29Museums shall announce specific opening hours to the public. Museums shall be open during national legal holidays and school summer and winter vacations.
Article 30Museums holding exhibitions shall comply with the following provisions:
(1) The theme and content shall conform to the basic principles established by the Constitution and meet the requirements of safeguarding national security and ethnic unity, promoting patriotism, advocating scientific spirit, popularizing scientific knowledge, disseminating excellent culture, cultivating good customs, promoting social harmony, and advancing social civilization.
(2) It shall be compatible with the purpose of running the museum and highlight the characteristics of the collections;
(3) Appropriate technologies, materials, crafts, and expression techniques shall be used to achieve a harmonious unity of form and content;
(4) The exhibits shall mainly be original items, and the use of replicas and imitations shall be clearly indicated;
(5) Various forms shall be used to provide scientific, accurate, and vivid textual explanations and interpretation services;
(6) Other relevant provisions of laws and administrative regulations.
If the theme and content of the exhibition are not suitable for minors, the museum shall not accept minors.
Article 31Museums holding exhibitions shall file the theme of the exhibition, exhibit descriptions, and interpretation scripts with the cultural relics management department or other relevant departments at the exhibition venue 10 working days before the start of the exhibition.
Cultural relics management departments of people's governments at all levels and museum industry organizations shall strengthen guidance and supervision of museum exhibitions.
Article 32Museums shall be equipped with appropriate professionals to provide explanations based on the acceptance ability of minors of different age groups; during school summer and winter vacations, museums that meet the conditions shall increase exhibition projects suitable for students.
Article 33The state encourages museums to open to the public for free. People's governments at or above the county level should provide necessary financial support for museums that are open to the public for free.
For museums that do not implement free admission, ticket prices, charges for services, and standards shall be implemented according to relevant national regulations and prominently displayed at the charging locations.
Museums that do not implement free admission should provide free or other preferential treatment for minors, adult students, teachers, the elderly, disabled persons, and military personnel. The projects and standards for preferential treatment should be announced to the public.
Article 34Museums should utilize modern information technology based on their own characteristics and conditions to carry out diverse and lively social education and service activities, participating in community cultural construction and external cultural exchange and cooperation.
The state encourages museums to explore the connotations of their collections, integrate with cultural creativity, tourism, and other industries, develop derivative products, and enhance the development capabilities of museums.
Article 35The education administrative department of the State Council should work with the national cultural relics authority to formulate policies and measures for utilizing museum resources to carry out educational teaching and social practice activities.
Local education administrative departments at all levels should encourage schools to organize students to carry out learning and practice activities in museums in conjunction with curriculum settings and teaching plans.
Museums should provide support and assistance for schools to carry out various related educational and teaching activities.
Article 36Museums should leverage the advantages of their collections to conduct theoretical and applied research in relevant professional fields, improve their business levels, and promote the growth of professional talents.
Museums should provide support and assistance for universities, research institutions, and experts and scholars to carry out scientific research work.
Article 37The public should take care of museum exhibits, facilities, and the environment, and must not damage museum exhibits or facilities.
Article 38Museum industry organizations can evaluate museums based on their education, service, collection protection, research, and display levels. Specific methods shall be formulated by the national cultural relics authority in conjunction with other relevant departments.
Chapter 5 Legal Responsibilities
Article 39If a museum acquires collections from unknown or illegal sources, or if the themes or content of exhibitions cause a serious negative impact, the cultural relics authority of the provincial, autonomous region, or municipality directly under the central government, or the relevant registration management authority shall order corrections according to their responsibilities. If there are illegal gains, the illegal gains shall be confiscated, and a fine of more than twice but less than five times the illegal gains shall be imposed; if there are no illegal gains, a fine of more than 5,000 yuan but less than 20,000 yuan shall be imposed; if the circumstances are serious, the registration management authority shall revoke the registration.
Article 40Museums engaged in commercial activities related to cultural relics shall be punished by the industrial and commercial administrative department in accordance with relevant laws and administrative regulations on cultural relics protection.
If a museum engages in commercial activities unrelated to cultural relics, or engages in other commercial activities that violate the purpose of running a museum and harm the interests of the audience, the cultural relics authority of the provincial, autonomous region, or municipality directly under the central government, or the relevant registration management authority shall order corrections according to their responsibilities. If there are illegal gains, the illegal gains shall be confiscated, and a fine of more than twice but less than five times the illegal gains shall be imposed; if there are no illegal gains, a fine of more than 5,000 yuan but less than 20,000 yuan shall be imposed; if the circumstances are serious, the registration management authority shall revoke the registration.
Article 41If a museum does not open to the public within six months from the date of obtaining the registration certificate, or does not implement free or other preferential treatment in accordance with the provisions of these regulations, the cultural relics authority of the provincial, autonomous region, or municipality directly under the central government shall order corrections; if corrections are refused, the registration management authority shall revoke the registration.
Article 42If a museum violates relevant price laws and administrative regulations, it shall be punished by the price authority of the local people's government at or above the county level where the museum is located.
Article 43If the cultural relics authority or other relevant departments and their staff at or above the county level neglect their duties, abuse their powers, engage in favoritism or corruption, or use their positions to solicit or accept property from others, they shall be ordered to correct by the local people's government or the higher authority, and criticized publicly; disciplinary actions shall be taken against the directly responsible supervisors and other directly responsible personnel according to law.
Article 44Those who violate the provisions of these regulations and constitute a crime shall be held criminally liable according to law.
Chapter 6 Supplementary Provisions
Article 45The museums referred to in these regulations do not include science popularization venues aimed at popularizing science and technology.
Article 46Museums affiliated with the People's Liberation Army of China are managed according to military regulations.
Article 47These regulations shall come into effect on March 20, 2015.
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