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Museum Regulations

Museum Regulations

(Summary description)Article 1  These Regulations are formulated in order to promote the development of museums, give full play to the functions of museums, meet citizens' spiritual and cultural needs, and improve citizens' ideological, moral, scientific and cultural qualities.

Museum Regulations

(Summary description)Article 1  These Regulations are formulated in order to promote the development of museums, give full play to the functions of museums, meet citizens' spiritual and cultural needs, and improve citizens' ideological, moral, scientific and cultural qualities.

Information

Chapter 1 General Provisions

  Article 1  These Regulations are formulated in order to promote the development of museums, give full play to the functions of museums, meet citizens' spiritual and cultural needs, and improve citizens' ideological, moral, scientific and cultural qualities.
  Article 2 The term "museum" as used in these Regulations refers to a non-profit organization registered by the registration management authority in accordance with the law for the purpose of education, research and appreciation, which collects, protects and displays to the public witnesses of human activities and the natural environment.
  Museum includes state-owned museums and non-state-owned museums. Museums established by using or mainly using state-owned assets are state-owned museums; museums established using or mainly using non-state-owned assets are non-state-owned museums.
  The state treats state-owned and non-state-owned museums fairly in terms of the establishment conditions of museums, the provision of social services, standardized management, professional and technical title assessment, and fiscal and taxation support policies.
  Article 3 Museums should adhere to the direction of serving the people and socialism and the principles of being close to reality, life, and the masses in carrying out social services, so as to enrich the spiritual and cultural life of the people.
  Article 4 The state shall formulate a development plan for the museum business and improve the museum system.
  The state encourages enterprises, institutions, social groups and citizens and other social forces to establish museums in accordance with the law.
  Article 5 The normal operation funds of state-owned museums shall be included in the financial budget of the corresponding level; the sponsors of non-state-owned museums shall guarantee the normal operation funds of the museums.
  The state encourages the establishment of public welfare funds to provide funds for museums, and encourages museums to raise funds through multiple channels to promote their own development.
  Article 6 Museums enjoy preferential taxation according to law.
   Those who legally establish museums or make donations to museums shall enjoy preferential taxation in accordance with relevant state regulations.
  Article 7 The competent department of cultural relics of the state shall be responsible for the supervision and management of museums across the country. Other relevant departments of the State Council shall be responsible for the management of relevant museums within the scope of their respective duties.
The administrative department of cultural relics of the local people's government at or above the county level shall be responsible for the supervision and management of museums in their respective administrative regions. Other relevant departments of the local people's government at or above the county level shall be responsible for the management of museums within their respective administrative areas within the scope of their respective duties.
  Article 8 Museum industry organizations shall formulate industry self-discipline norms in accordance with the law, safeguard members' legitimate rights and interests, guide and supervise members' business activities, and promote the healthy development of museums.
  Article 9 The organizations or individuals who have made outstanding contributions to the museum cause shall be commended and rewarded in accordance with relevant state regulations.

Chapter II - Establishment, Change and Termination of Museums

  Article 10 To establish a museum, the following conditions shall be met:
   (1) The fixed museum site and the exhibition room and collection storage place in compliance with the state regulations;
   (2) A corresponding number of collections and necessary research materials, and can form an exhibition system;
   (3) Professional and technical personnel suitable for their scale and functions;
   (4) Necessary funds for running the library and stable sources of operating funds;
   (5) Facilities, systems and emergency plans to ensure the personal safety of the audience.
  The construction of museum premises shall adhere to the combination of new construction and renovation of existing buildings, and encourage the use of former residences of celebrities and industrial heritage as museum premises. Newly built or renovated buildings shall increase the proportion of the exhibition and storage area of ​​collections to the total area.
  Article 11  To establish a museum, a charter shall be formulated. The museum charter should include the following:
   (1) The name and address of the museum;
   (2) The purpose and business scope of the library;
   (3) Organizational management system, including the method for the formation of the board of directors or other forms of decision-making bodies, personnel 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 the articles of association;
   (7) Termination procedures and disposal of assets after termination;
   (8) Other matters that need to be stipulated by the articles of association.
Article 12 The establishment, modification 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 administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government where the museum is located.
  Article 13 Museums whose collections belong to paleontological fossils, whose establishment, modification and termination shall comply with the relevant laws and administrative regulations on the protection of paleontological fossils, shall file with the competent cultural relics department of the people's government of the province, autonomous region or municipality directly under the Central Government where the museum is located.
Article 14 To establish a non-state-owned museum whose collections do not belong to paleontological fossils, it shall file with the cultural relics authority of the people's government of the province, autonomous region or municipality directly under the Central Government where the museum is located, and submit the following materials:
   (1) Draft regulations 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 room and the storage place of the collection meet the needs of the display, protection and management of the collection;
   (3) The catalogue of the collection, an overview of the collection, and a description of the legal source of the collection;
   (4) Capital contribution certificate or capital verification report;
   (5) Basic information of professional technical personnel and management personnel;
   (6) Display and exhibition plan.
  Article 15 If a non-state-owned museum whose collection does not belong to paleontological fossils is established, it shall go through the legal person registration formalities at the relevant registration management authority according to law.
  If the non-state-owned museums specified in the preceding paragraph are modified or terminated, they shall go to the relevant registration management authority to handle the modification registration and cancellation registration in accordance with the law, and file with the cultural relics competent department 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 cultural relics departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall promptly publish the names, addresses, contact information, main collections and other information of the museums that have been filed in their respective administrative regions.

Chapter 3  Museum Management

  Article 17 Museums shall improve the corporate governance structure and establish and improve relevant organizational management systems.
  Article 18 The professional and technical titles of museums shall be assessed in accordance with relevant state regulations.
  Article 19 The assets managed and used by museums in accordance with the law shall not be misappropriated by any organization or individual.
  Museums are not allowed to engage in commercial operations of cultural relics and other collections. When a museum engages in other commercial business activities, it shall not violate the purpose of running the museum and shall not harm the interests of the audience. The specific measures for museums to engage in other commercial business activities shall be formulated by the competent cultural relics department of the state.
  Article 20 Museums who accept donations shall abide by the provisions of relevant laws and administrative regulations.
  A museum may name its premises or other facilities in accordance with the name of the organizer or donor; non-state-owned museums may also use the name and name of the organizer or donor as the name of the museum in accordance with the law.
  Article 21 Museums may acquire collections by purchasing, accepting donations, and exchanging in accordance with laws and administrative regulations, and may not acquire collections of unknown or illegal origin.
  Article 22 Museums shall establish collection accounts and archives. If the collections belong to cultural relics, the grades of cultural relics shall be distinguished, the archives of cultural relics shall be separately set up, a strict management system shall be established, and they shall be reported to the competent cultural relics department for the record.
   Collections that have not been established in accounts and archives in accordance with the provisions of the preceding paragraph shall not be exchanged or lent.
  Article 23 The legal representative of the museum is responsible for the safety of the collection.
  The legal representative of the museum and the collection management personnel shall complete the collection handover procedures before leaving office.
  Article 24 Museums shall strengthen the safety management of collections, and regularly inspect and maintain the equipment and facilities to ensure the safety of collections to ensure their normal operation. Special warehouses or special equipment shall be set up for the preservation of precious collections and vulnerable collections, and special personnel shall be responsible for the preservation.
  Article 25 If the museum collections are state-owned cultural relics, precious cultural relics among non-state-owned cultural relics, and other cultural relics prohibited by the state from leaving the country, they shall not leave the country, and shall not be transferred, leased, or pledged to foreigners.
   If the collections of state-owned museums are cultural relics, they shall not be given, leased or sold to other units and individuals.
Article 26 When a museum is terminated, it shall dispose of its collections in accordance with the relevant laws and administrative regulations of non-profit organizations; if the collections are cultural relics prohibited by the state from being sold, they shall be disposed of in accordance with the relevant laws and administrative regulations on the protection of cultural relics.
  Article 27 If the museum collections are cultural relics or paleontological fossils, their acquisition, protection, management, display, disposal, entry and exit, etc., shall also abide by the laws and administrative regulations on the protection of cultural relics and paleontological fossils respectively.

Chapter 4: Museum Social Services

  Article 28 The museum shall be open to the public within 6 months from the date of obtaining the registration certificate.
  Article 29 The museum shall announce the specific opening hours to the public. The museum shall be open during national statutory holidays and school winter and summer vacations.
  Article 30 Museums shall abide by the following provisions when holding exhibitions:
(1) The theme and content should conform to the basic principles determined by the Constitution and maintain national security and national unity, promote patriotism, advocate scientific spirit, popularize scientific knowledge, disseminate excellent culture, cultivate good customs, promote social harmony, and promote social civilization and progress. requirements;
   (2) In line with the purpose of the museum, highlight the characteristics of the collection;
   (3) Use appropriate techniques, materials, craftsmanship and expression techniques to achieve the harmonious unity of form and content;
   (4) The exhibits are mainly originals, and the use of duplicates and imitations should be clearly stated;
   (5) Provide scientific, accurate and vivid text description and explanation services in various forms;
   (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 admit minors.
  Article 31 If a museum is to hold an exhibition, it shall, 10 working days before the start of the exhibition, submit the subject of the exhibition, the description of the exhibits, the explanatory words, etc., to the competent cultural relics department or other relevant departments at the place where the exhibition is held for the record.
  The competent cultural relics departments of the people's governments at all levels and the museum industry organizations shall strengthen the guidance and supervision over the exhibitions of the museums.
  Article 32 Museums should be equipped with appropriate professionals to give explanations according to the acceptance ability of minors of different ages; during the school winter and summer vacations, qualified museums should add exhibition items suitable for the characteristics of students.
  Article 33 The state encourages museums to open to the public free of charge. People's governments at or above the county level shall provide necessary financial support to museums that are open to the public free of charge.
   If the museum is not free to open, its admission tickets, charging items and standards shall be implemented in accordance with the relevant state regulations, and shall be announced in a conspicuous position of the charging location.
   If the museum is not free to open, it shall provide free or other preferential treatment to minors, adult students, teachers, the elderly, the disabled and military personnel. The items and standards for museums to implement preferential treatment shall be announced to the public.
  Article 34 Museums shall, according to their own characteristics and conditions, use modern information technology to carry out various and lively social education and service activities, and participate in community cultural construction and foreign cultural exchanges and cooperation.
  The state encourages museums to explore the connotation of their collections, combine with cultural creativity, tourism and other industries, develop derivative products, and enhance the development capacity of museums.
  Article 35 The education administrative department of the State Council shall, in conjunction with the national cultural relics administrative department, formulate policies and measures for the use of museum resources to carry out 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 carry out learning and practical activities in museums in combination with curriculum setting 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 collections, carry out theoretical and applied research in relevant professional fields, improve their professional level, and promote the growth of professional talents.
  Museums shall provide support and assistance for universities, scientific research institutions, experts and scholars to carry out scientific research.
  Article 37 The public shall take good care of the exhibits, facilities and environment of the museum, and shall not damage the exhibits and facilities of the museum.
  Article 38 Museum industry organizations may evaluate museums based on the level of education, service, and collection protection, research, and display of museums. The specific measures shall be formulated by the State Administration of Cultural Relics in conjunction with other relevant departments.

Chapter V - Legal Liability

Article 39: If a museum acquires collections of unknown or illegal origin, or the theme or content of the exhibition has a negative impact, the administrative 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 management agency shall order it to make corrections according to the division of responsibilities. If there is any illegal income, the illegal income shall be confiscated, and a fine of more than 2 times but not more than five times the illegal income shall be imposed; if there is no illegal income, a fine of not less than 5,000 yuan but not more than 20,000 yuan shall be imposed; if the circumstances are serious, the registration management authority shall revoke the registration.
  Article 40 Where a museum engages in the commercial operation of cultural relics collections, the administrative department for industry and commerce shall punish it in accordance with the relevant laws and administrative regulations on the protection of cultural relics.
If a museum engages in commercial business activities other than cultural relics collections, or engages in other commercial business activities that violate the purpose of running the museum and damage the interests of the audience, the cultural relics administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government or the relevant registration management agency shall order it to make corrections according to the division of responsibilities. If the illegal income is obtained, the illegal income shall be confiscated, and a fine of more than 2 times but not more than 5 times the illegal income shall be imposed; if there is no illegal income, a fine of not less than 5,000 yuan but not more than 20,000 yuan shall be imposed; if the circumstances are serious, the registration management authority shall revoke the registration.
Article 41: If the museum is not open to the public within 6 months from the date of obtaining the registration certificate, or fails to provide free or other preferential treatment in accordance with the provisions of these Regulations, the competent cultural relics department 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, the registration management authority shall revoke the registration.
  Article 42 A museum that violates the relevant price laws and administrative regulations shall be punished by the competent price department of the local people's government at or above the county level where the museum is located.
Article 43: Where the administrative department of cultural relics of the people's government at or above the county level or other relevant departments and their staff neglect their duties, abuse their powers, practice favoritism, or take advantage of their positions to solicit or accept other people's property, the people's government at the same level or the organ at a higher level shall be responsible for the Corrections shall be ordered, and criticism shall be circulated; the persons in charge who are directly responsible and other persons who are directly responsible shall be punished according to law.
  Article 44 Anyone who violates the provisions of these regulations and constitutes a crime shall be investigated for criminal responsibility according to law.

Chapter VI Supplementary Provisions

  Article 45 The term “museum” in these Regulations does not include popular science venues for the purpose of popularizing science and technology.
  Article 46 The museums affiliated to the Chinese People's Liberation Army shall be managed in accordance with the relevant regulations of the army.
  Article 47 These Regulations shall come into force on March 20, 2015.

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