博物馆条例(英文版)

发布时间:2017-03-03 14:37:23作者:来源:国家文物局1555次浏览

Regulations on Museums

(Adopted at the 78th Executive Meeting of the State Council on January 14, 2015, promulgated by Decree No. 659 of the State Council of the People’s Republic of China on February 9, 2015, and effective as of March 20, 2015)


Chapter I General Provisions


  Article 1 These Regulations are formulated for the purpose of facilitating the development of the museum undertakings, giving play to the role of museums, meeting citizens’ needs for intellectual and cultural lives, and raising citizens’ ethical and moral standards as well as their scientific and cultural standards.

  Article 2 The term “museum” in these Regulations means a non-profit organization that collects, preserves and displays to the general public the evidences of human activities and the natural environment for the purpose of education, research and appreciation, and is legally registered at a registration authority.

  Museums include State-owned museums and non-State-owned museums. State-owned museums refer to those founded by using or primarily using State-owned assets, while non-State-owned museums refer to those founded by using or primarily using non-State-owned assets.

  The State equally treats State-owned and non-State-owned museums with respect to their establishment criteria, provision of social services, regulation, determination of professional and technical titles, preferential financial and tax policies, etc.

  Article 3 Museums shall provide social services through adherence to the direction of serving the people and socialism and in accordance with the principle of being close to reality, life and the public, to enrich the intellectual and cultural lives of the people.

  Article 4 The State formulates plans for the development of the museum undertakings and improves the museum system.

  The State encourages civic entities including enterprises, institutions, public organizations and citizens to establish museums in accordance with law.

  Article 5 The necessary funds for the routine operation of State-owned museums shall be included in the fiscal budgets of the governments at corresponding levels; sponsors of non-State-owned museums shall provide necessary funds to guarantee the routine operation of the museums.

  The State encourages the establishment of public foundations to provide funds for museums and encourages museums to raise funds through various channels for their own development.

  Article 6 Museums are entitled to preferential tax treatment in accordance with law.

  Whoever establishes a museum in accordance with law or provides donations to a museum enjoys preferential tax treatment in accordance with the relevant provisions of the State.

  Article 7 The competent cultural heritage department of the State is responsible for supervision and administration of museums nationwide. Other relevant departments of the State Council are responsible for relevant museum administration within their respective functions and duties.

  The competent cultural heritage departments of the local people’s governments at or above the county level are responsible for supervision and administration of museums within their respective administrative areas. Other relevant departments of the local people’s governments at or above the county level are responsible for relevant museum administration within their respective administrative areas according to their respective functions and duties.

  Article 8 Museum trade organizations shall, in accordance with law, formulate self-regulatory norms of the trade, safeguard lawful rights and interests of members, guide and supervise their operations, and promote the sound development of the museum undertakings.

  Article 9 Organizations or individuals that have made an outstanding contribution to the museum undertakings shall be commended and rewarded in accordance with the relevant provisions of the State.


Chapter II Establishment, Alteration and Termination of Museums


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

  (1) the fixed premises as well as exhibition rooms and collection storage space that meet the provisions of the State;

  (2) an appropriate number of collections as well as necessary research materials, which are adequate to develop an exhibition system;

  (3) the professional technicians who are suitable to the scale and functions of the museum;

  (4) the necessary funds to establish the museum and stable financial resources for its operation; and

  (5) the facilities, regime and emergency plan that guarantee the personal safety of visitors.

  The construction of museum buildings shall adhere to the principle of combination of construction of new buildings with renovation of existing ones, and the use of former residences of celebrities and industrial heritage sites as museum buildings is encouraged. The proportion of the space for exhibition and preservation of collections shall be increased within newly-built and renovated museum buildings.

  Article 11 A museum charter shall be formulated when a new museum is established. A museum charter shall include the following items:

  (1) the museum’s name and premises;

  (2) the museum’s mission and the scope of its activities;

  (3) the museum’s organizational structure and management system, including the measures for forming the council or other type of governing bodies, composition of council members, terms of service, and rules of procedure;

  (4) rules for collection exhibition, preservation, management and disposal;

  (5) rules for asset management and use;

  (6) procedures for revising the charter;

  (7) termination procedures and asset disposal following the termination; and

  (8) other items that shall be provided for in the charter.

  Article 12 The establishment, alteration or termination of a State-owned museum shall conform to the provisions of laws and administrative regulations on the registration of institutions, and such a matter shall be submitted for the record to the competent cultural heritage 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 The establishment, alteration or termination of a museum which has fossils in its collection shall conform to the provisions of laws and administrative regulations on the protection of fossils, and such a matter shall be submitted for the record to the competent cultural heritage 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 Where a non-State-owned museum is to be established with no fossils in its collection, the matter shall be submitted for the record to the competent cultural heritage department of the people’s government of the province, autonomous region, or municipality directly under the Central Government where it is located, together with the following materials:

  (1) the museum’s draft charter;

  (2) the certificate of ownership, or right to the use, of the museum premises, and materials demonstrating that conditions of its exhibition rooms and collection storage space meet the need of collection exhibition, preservation and management;

  (3) the collection catalogue, brief descriptions and statement of legitimacy of sources of its collections;

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

  (5) the basic information about the professional technicians and management staff; and

  (6) the exhibition plans.

  Article 15 Where a non-State-owned museum is to be established with no fossils in its collection, formalities for legal person registration shall be completed at the relevant registration authority in accordance with law.

  Where a non-State-owned museum as prescribed in the preceding paragraph is to be altered or terminated, it shall undergo the registration of alteration or cancellation at the relevant registration authority in accordance with law, and the matter shall be submitted for the record to the competent cultural heritage 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 heritage departments of the people’s governments of provinces, autonomous regions, or municipalities directly under the Central Government shall, in a timely manner, release information about museums that has been submitted for the record within their respective administrative areas, including their names, addresses, contact details and major collections.


Chapter III Museum Management


  Article 17 A museum shall improve its legal person governance structure and establish a sound organization and management system.

  Article 18 The rating of professional titles for museum professional technicians shall be done in accordance with the relevant provisions of the State.

  Article 19 No organization or individual may misappropriate assets legally managed and used by museums.

  Museums shall not run commercial activities involving museum collections such as cultural relics. Museums engaged in other commercial activities shall not run counter to the missions of their establishment or impair visitors’ interests. The specific measures for museums’ engagement in other commercial activities shall be formulated by the competent cultural heritage department of the State.

  Article 20 Museums’ acceptance of donations shall conform to the relevant provisions of laws and administrative regulations.

  Museums may use the names of founders or donors to name their buildings or other facilities in accordance with law; non-State-owned museums may be named after their founders or donors in accordance with law.

  Article 21 Museums may obtain collections by the ways prescribed by laws or administrative regulations including purchasing, acceptance of donations or lawful exchange, and shall not obtain collections from unidentified or illegal origins.

  Article 22 Museums shall set up the documentation and archives of their collections. Cultural relic collections shall be rated, separately filed, managed with strict systems, and reported to the competent cultural heritage departments for the record.

  Museum collections that have not been documented or filed in accordance with the provisions of the preceding paragraph shall not be exchanged or loaned.

  Article 23 Legal representatives of museums are responsible for the safety of their collections.

  Legal representatives of museums and the curatorial staff of collections shall complete formalities for transferring collections before leaving their posts.

  Article 24 A museum shall enhance the safety management of the collections and regularly check and maintain equipment and facilities used to guarantee the safety of collections in order to keep their normal operation. There shall be special depositories or equipment installed to preserve treasured or fragile collections, as well as special persons designated to take care of such collections.

  Article 25 In a museum’s collection, State-owned cultural relics, non-State-owned treasured cultural relics, or other cultural relics the export of which is prohibited as prescribed by the State, shall not be sent out of the territory, or transferred, rented or pledged to foreigners.

  Cultural relics in the collection of a State-owned museum shall not be donated, rented or sold to other units or individuals.

  Article 26 Where a museum is terminated, its collections shall be disposed of in accordance with the provisions of laws or administrative regulations on non-profit organizations; cultural relics in its collection, the sale of which is prohibited by the State, shall be disposed of in accordance with the provisions of laws or administrative regulations on protection of cultural relics.

  Article 27 In the case of cultural relics or fossils in a museum’s collection, their acquisition, preservation, management, exhibition, disposal, entry into and exit from the territory shall, in addition, conform to the provisions of laws or administrative regulations on protection of cultural relics and fossils respectively.


Chapter IV Social Services of Museums


  Article 28 A museum shall be open to the public within 6 months from the date of obtaining the certificate of registration.

  Article 29 Museums shall make their opening hours known to the public. Museums shall stay open to the public on statutory national holidays and during schools’ summer or winter vacations.

  Article 30 The following conditions shall be met when a museum presents an exhibition:

  (1) the theme and content shall conform to the basic principles set by the Constitution and meet the objectives of safeguarding national security and ethnic unity, promoting patriotism, advocating the spirit of science, popularizing scientific knowledge, communicating culture of excellence, fostering moral integrity, enhancing social harmony, and moving forward social and ethical progress;

  (2) the exhibition shall be suitable for the mission of the museum and highlight distinctive characteristics of its collections;

  (3) technology, materials, craftsmanship and expressions shall be appropriately used to achieve a harmony between form and content;

  (4) the exhibits shall primarily consist of original objects, with indications for the replicas and imitations being used;

  (5) scientific, accurate and vivid captions and interpretation services shall be provided by various ways;

  (6) the exhibition shall conform to other relevant provisions of laws and administrative regulations.

  Where the theme and content of an exhibition are not suitable for minors, the museum shall not admit minors.

  Article 31 When presenting an exhibition, a museum shall, 10 working days prior to the opening date of the exhibition, submit for the record the theme of the exhibition, descriptions of exhibits and scripts of the guide to the competent cultural heritage department or other relevant departments in the place of exhibition.

  The competent cultural heritage departments of the people’s governments at various levels and museum trade organizations shall provide strict guidance and supervision for museum exhibitions.

  Article 32 Museums shall arrange appropriate professionals to provide interpretation services for various age groups of minors in light of their acceptability; museums with appropriate conditions shall provide additional exhibitions that meet the needs of students during schools’ summer or winter vacations.

  Article 33 The State encourages free access to museums for the public. The 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.

  Museums that are not free of charge shall set admission ticket prices and charging items and rates in accordance with the relevant provisions of the State and post them on notable places of ticket offices.

  Museums that are not free of charge shall provide free admission or other preferential treatment to minors, adult students, teachers, seniors, the disabled and servicemen. Museums shall make their preferential items and standards known to the public.

  Article 34 Museums shall, in light of their own characteristics and conditions, provide various forms of dynamic social education and services by using the modern information technology and participate in the cultural development of communities and foreign cultural exchange and cooperation.

  The State encourages museums to develop derivative products by exploiting the richness of collections in collaboration with the cultural, creative and tourism industries, so as to improve their capacity of development.

  Article 35 The education administration department of the State Council shall collaborate with the competent cultural heritage department of the State to formulate policies and measures for using museum resources in educational, teaching and social practice activities.

  The education administration departments of the local people’s governments at various levels shall encourage schools to arrange for students practice activities in museums based on curriculums and teaching programs.

  Museums shall provide support and assistance for relevant educational and teaching activities in schools.

  Article 36 Museums shall make use of their collections to conduct theoretical and applied research in relevant academic fields in order to improve professional proficiency and facilitate the development of professionals.

  Museums shall provide support and assistance for scientific research by institutions of higher education, research institutions, experts and scholars.

  Article 37 Members of the public shall cherish exhibits, facilities and environments of museums and shall not damage museum exhibits and facilities.

  Article 38 Museum trade organizations may conduct assessment of museums in light of their performance in education, services, and preservation, research and exhibition of collections. The specific measures shall be formulated by the competent cultural heritage department of the State together with other relevant departments.


Chapter V Legal Liability


  Article 39 Where a museum obtains collections from unidentified or illegal origins, or the theme or content of a museum exhibition causes an adverse impact, the competent cultural heritage department of the people’s government of the province, autonomous region, or municipality directly under the Central Government, or the relevant registration authority shall, within their respective functions and duties, order it to make corrections, confiscate illegal income, if any, and concurrently impose on it a fine of not less than 2 times but not more than 5 times the illegal income; where there is no illegal income, the museum shall be fined not less than 5,000 yuan but not more than 20,000 yuan; where the circumstances are serious, the registration authority shall revoke its registration.

  Article 40 Where a museum is engaged in commercial activities involving cultural relic collections, the administrative department for industry and commerce shall punish it in accordance with the provisions of laws or administrative regulations on protection of cultural relics.

  Where a museum is engaged in commercial activities involving non-cultural relic collections or other commercial activities that run counter to its mission or impair visitors’ interests, the competent cultural heritage department of the people’s government of the province, autonomous region, or municipality directly under the Central Government, or the relevant registration authority shall, within their respective functions and duties, order it to make corrections, confiscate illegal income, if any, and concurrently impose on it a fine of not less than 2 times but not more than 5 times the illegal income; where there is no illegal income, the museum shall be fined not less than 5,000 yuan but not more than 20,000 yuan; where the circumstances are serious, the registration authority shall revoke its registration.

  Article 41 Where a museum fails to be open to the public within 6 months from the date of obtaining the certificate of registration, or fails to provide free admission or other preferential treatment as prescribed in these Regulations, the competent cultural heritage 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 do so, the registration authority shall revoke its registration.

  Article 42 Where a museum violates the provisions of laws or administrative regulations on pricing, the competent pricing department of the local people’s government at or above the county level in the place where the museum is located shall punish it in accordance with law.

  Article 43 Where a competent cultural heritage department of the people’s government at or above the county level or other relevant department or a staff member of the department neglects duties, abuses powers, commits illegalities for personal gain or takes advantage of its or his position to demand or accept another person’s money or things of value, the people’s government at the corresponding level or the higher authority shall order it or him to make corrections and criticize it or him in a circular; a sanction shall be imposed in accordance with law on the person in charge with competent accountability and other persons with competent accountability.

  Article 44 Where a violation of these Regulations constitutes a crime, criminal liability shall be investigated for in accordance with law.


Chapter VI Supplementary Provisions


  Article 45 The term “museum” in these Regulations excludes the premises the purpose of which is to popularize science and technology.

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

  Article 47 These Regulations shall be effective as of March 20, 2015.

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