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 their ideological, moral and scientific and cultural quality.

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 state-owned museums and non-state-owned museums.

Museums which are established by national assets should be categorized as state-owned museums; museums which are not established national assets should be categorized as non-state-owned museums.

The state treats state-owned and non-state-owned museums fairly in terms of their establishment conditions, providing social services, standardized management, professional and technical title evaluation, and fiscal and tax support policies.

Article 3

The social services carried out by museums should adhere to the direction of serving the people, the socialism and the principle of being close to reality,life and the masses, so as to enrich the spiritual and cultural life of the people.

Article 4

The state has formulated plans for the development of museums to improve the museum system.

The State encourages enterprises, institutions, public organizations, citizens and other social forces to set up museums in accordance with the law.

Article 5

The normal operation funds of state-owned museums shall be included in the financial budget at the corresponding level; the organizers 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 tax benefits according to the law.

Those who establishes museums according to law or provides donations to museums shall enjoy preferential tax benefits in accordance with the relevant regulations of the State.

Article 7

The state department in charge of cultural relics shall be responsible for the supervision and administration of museums throughout the country.

Other relevant departments of The State Council shall be responsible for the administration of relevant museums within the scope of their respective duties.

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 be responsible for the administration of museums within their respective administrative areas within their respective functions and duties.

Article 8

Museum industry organizations shall formulate self-discipline norms of the industry 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 museums shall be commended and rewarded in accordance with the relevant provisions of the State.

 

Chapter 2: Establishment, Change and Termination of museums

Article 10 The following conditions shall be met for the establishment of a museum:

(1) Fixed museum sites, exhibition rooms and storage places for collections in accordance with State regulations;

(2) 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 houses should adhere to the combination of new buildings and the renovation of existing buildings, and encourage the use of former residences of celebrities and industrial heritage as museum houses.

The construction and reconstruction of the proportion of the exhibition and storage area in the total area.

Article 11 To establish a museum, the articles of association shall be formulated.

The museum's articles of Association shall include the following items:

(1) Name and site of the museum;

(2) Purpose and business scope of running the museum;

(3) The organizational management system, including the selection methods, personnel composition, term of office, and rules of procedure of the board of directors or other forms of decision-making bodies;

(4) Rules for the display, protection, management and disposal of the collections;

(5) Rules for asset management and use;

(6) Procedures for amending the articles of association;

(7) Termination procedure and disposal of assets after termination;

(8) Other matters needing to be prescribed by the articles of association.

Article 12

The establishment, alteration and termination of state-owned museums shall be handled in accordance with the provisions of the relevant laws and administrative regulations on the registration and administration of public institutions, and shall be filed with the department in charge 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 or 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) The draft articles of association of the museum;

(2) Proof of the ownership or use right of the museum premises, proof that the environmental conditions of the exhibition rooms and the storage sites of the collections meet the needs of the exhibition, protection and management of the collections;

(3) Catalogue, overview of the collection and description of the legal sources of the collection;

(4) The capital contribution certificate or the capital verification report;

(5) Basic information of professional and technical personnel and manager;

(6) Display and exhibition plan.

Article 15

Any non-state-owned museum whose collections do not belong to paleontological fossils shall go through the registration formalities as legal persons with the relevant registration and administration authorities according to law.

If a non-state-owned museum mentioned in the preceding paragraph is changed or terminated, it shall go through the registration of alteration or cancellation with the relevant registration and administration authority according to law, and file with the department in charge 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 department in charge of cultural relics of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall timely publish the name, address, contact information, main collections and other information of the museums that have been put on record within their respective administrative areas.

Chapter III: Museum Management

Article 17

A museum shall improve its corporate governance structure, establish and improve the relevant organizational management system.

Article 18

Professional and technical personnel of museums shall be assessed as professional and technical titles according to the relevant regulations of the state.

Article 19

No organization or individual can occupy the asset managed and used by the museum according to law.

Museums are not allowed to engage in commercial business activities of cultural relics and other collections.

The museum engaged in other commercial activities shall not violate the purpose of the museum and shall not harm the interests of the audience.

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 can name the premises or other facilities of the sponsor or donor; a non-state-owned museum may also use the name of the sponsor 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 of unknown or illegal origin.

Article 22

Museums shall establish accounts and archives of their collections.

If 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.

Collection that are not recorded or filed in accordance with the provisions of the preceding paragraph shall not be exchanged or lent.

Article 23

The legal representative of the museum shall be responsible for the safety of the collection.

The legal representative of the museum and the collection management personnel shall complete the handover procedures of the collection before leaving office.

Article 24

The museum shall strengthen the safety management of the collection, regularly check and maintain the equipment and facilities to ensure the safety of the collection, and ensure the normal operation.

Precious collections and vulnerable collections shall be set up in a special warehouse or special equipment for preservation, and shall be kept by special personnel.

Article 25

Museum collections belonging to state-owned cultural relics, precious cultural relics in non-state-owned cultural relics and other cultural relics prohibited from leaving the country by state regulations shall not leave the country, and shall not be transferred, leased or pledged to foreigners.

The collections of state-owned museums classified as cultural relics shall not be donated, leased or sold to other units or individuals.

Article 26

When the museum terminates, the collection shall be disposed of in accordance with the 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

When 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.

Chapter 4: Social Services of the Museum Article 28 A museum shall be open to the public within 6 months from the date of obtaining the registration certificate.

Article 29

Museums shall announce the specific opening time to the public.Museums should be open during national holidays and school winter and summer holidays.

Article 30

Museums shall abide by the following provisions when holding exhibitions:

(1) The theme and content shall conform to the basic principles defined in the Constitution and the requirements of safeguarding national security and national unity, promoting patriotism, advocating scientific spirit, popularizing scientific knowledge, spreading excellent culture, cultivating good customs, promoting social harmony and promoting social civilization and progress;

(2) Adapt to the purpose of running the museum, and highlight the characteristics of the collection;

(3) Using appropriate technologies, materials, techniques and expression techniques to achieve the harmony and unity of form and content;

(4) The exhibits shall be mainly original, and the use of copies and imitations shall be clearly stated;

(5) Providing scientific, accurate and vivid text explanations and explanation services in various forms;

(6) Other relevant provisions of laws and administrative regulations.

If the subject matter and content of the exhibition are not suitable for minors, the museum shall not accept minors.

Article 31

When a museum holds a display exhibition, it should submit the theme of the display exhibition, explanations of the exhibits, explanations, etc., to the department in charge of cultural relics at the place where the display exhibition is held or other relevant departments for record, 10 working days before the start of the display exhibition.

Departments in charge of cultural relics of the people's governments at various levels and museum industry organizations shall strengthen their guidance and supervision over museums and exhibitions.

Article 32

The museum shall be equipped with appropriate professional staffs,and giving explanation to the acceptance ability of minors of different ages; 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 for free. People's governments at or above the county level shall provide necessary financial support for museums that are open to the public for free.

When a museum is not open for free, 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.

When 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

According to their own characteristics and conditions, Museums should use modern information technology to carry out various and lively social education and service activities, and participate in community cultural construction, exchanges and cooperation with other countries.

The state encourages museums to explore the connotation of their collections and combine them with cultural creativity, tourism and other industries to develop derivative products and enhance the development ability 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, should formulate policies and measures for using museum resources to carry out education and teaching and social practice activities.

The educational administrative departments of the local people's governments at various levels shall encourage schools to organize students to carry out learning and practice activities in museums in combination with the curriculum setting and teaching plans.

Museums should provide support and help to schools to carry out various relevant educational and teaching activities.

Article 36

Museums should give full play to the advantages of their collections, carry out theoretical and applied research in relevant professional fields, improve their professional level, and promote the growth of professional talents.

Museums should provide support and assistance to institutions of higher learning, scientific research institutions, experts and scholars to carry out scientific research work.

Article 37

The public shall take good care of the exhibits, facilities and the environment of the museum, and shall not damage the exhibits and facilities of the museum.

Article 38

Museum industry organizations may evaluate museums according to the level of education, service, protection, research and display of collections.

Specific measures shall be formulated by the state department in charge of cultural relics in conjunction with other relevant departments.

Chapter 5 Legal Liability

Article 39

When a museum obtains a collection of unknown origin or illegal source, or the subject matter or contents of an exhibition cause adverse effects, the department in charge of cultural relics of the people's government of a province, autonomous region or municipality directly under the Central Government or the relevant registration and administration department shall order rectification in accordance with the division of functions and duties. If there are any 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

When a museum engages in commercial operations that are not for the collection of cultural relics, or engages in other commercial operations that violate the purpose of the museum and 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  shall order rectification.

If there are any 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 41

When a museum does not open to the public within six months from the date of obtaining the registration certificate, or does not  provide 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

If a museum violates the provisions of the relevant laws and administrative regulations on prices, it shall be punished by the price department of the local people's government at or above the county level where the museum is located.

Article 43

When the department in charge of cultural relics or other relevant departments of the people's government at or above the county level and its staff neglect their duties, abuse their power, engages in malpractices for personal gain or take advantage of their position to solicit or accept money or property from others, the people's government at the corresponding level or the higher authorities shall order them to make corrections and circulate a notice of criticism; the person in charge and the person who is 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.

 

Chapter 6 Supplementary Provisions

Article 45

The term "museums" as mentioned in these Regulations does not include science venues for the purpose of popularizing science and technology.

Article 46 Museums under the Chinese People's Liberation Army shall be managed in accordance with the relevant provisions of the armed forces.

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