Procedures of Shanghai Municipality on the Administration of Art Museums

(Promulgated by Decree No.3 of Shanghai Municipal People's Government on February 20, 2023 and to be effective as of April 15, 2023)

Chapter I  General Provisions

Article 1 (Purposes and Basis)

With a view to strengthening and regulating the administration of art museums in this Municipality, improving their service, promoting their high-quality development, meeting the people’s spiritual and cultural needs and enhancing their cultural and artistic literacy, these Procedures are formulated in accordance with the Law of the People’s Republic of China on the Guarantee of Public Cultural Services, the Regulations of Shanghai Municipality on the Guarantee and Promotion of Public Cultural Services and other relevant laws, rules and regulations, and in the light of the actual circumstances of this Municipality.

Article 2 (Definition)

The art museums in these Procedures refer to the cultural institutions that mainly target works of fine art since modern times, have the functions of collection, protection, research, exhibition and public education, have been registered by relevant registration administration department according to law, and are open to the public.

Art museums include state-owned and non-state-owned art museums. Art museums established with or mainly with state-owned assets are state-owned art museums; and art museums established with or mainly with non-state-owned assets are non-state-owned art museums.

Article 3 (Scope of Application)

These Procedures shall apply to the operation administration, collection research, exhibition and display, social services, development promotion and related supervision and administration of art museums within the administrative area of this Municipality.

Article 4 (Principles of Development)

The development of art museums in this Municipality shall adhere to the direction of advanced socialist culture, adhere to the people-centered philosophy, adhere to the guidance of core socialist values, highlight the public welfare nature and social benefits of art museums, and give play to their positive role in public cultural services.

Article 5 (Art Museum System)

This Municipality shall promote the improvement of the art museum system and the high-quality development of art museums.

Enterprises, social organizations, citizens and other social forces are encouraged to set up art museums in accordance with law.

Article 6 (Departmental Responsibilities)

The municipal and district departments of culture and tourism shall be responsible for the administration of art museums within their respective administrative areas.

The departments of development & reform, finance, taxation, civil affairs, market regulation, education, human resources and social security, and state-owned assets, as well as other relevant departments shall, according to their respective functions and duties, work together to administrate art museums.

Article 7 (Industry Organization)

The industry organization of art museums shall strengthen the industrial self-discipline regulations, organize the formulation of the industrial self-discipline norms, guide and urge its member units to carry out business activities in accordance with law, safeguard their legitimate rights and interests, and promote inter-gallery cooperation and exchanges.

Article 8 (Digital Development)

This Municipality shall actively develop digital art museums, encourage art museums to develop digital versions of their collection resources, expand new scenes of digital cultural experiences and enhance their digital services.

Article 9 (Cooperation and Exchanges)

This Municipality shall promote the cooperation, exchange and coordinated development of art museums in the Yangtze River Delta region, establish a communication and coordination mechanism, and promote inter-gallery connectivity and resource sharing.

This Municipality shall encourage art museums to carry out international exchanges and strengthen their cooperation in collection research, exhibition, public education, art creation,  cultural creative product development, talent training and other relevant fields, and support overseas exhibitions of their collections to enhance the influence and transmission of the Chinese culture.

Chapter II  Operation Administration

Article 10 (Requirements for the Operation of Art Museums)

An art museum shall meet the following requirements when conducting business activities:

1.having a fixed site, and exhibition halls and storerooms for collections appropriate for its scale and functions;

2. having systems and rules for the acquisition, exhibition and display, protection, management and handling of collections;

3. having a stable source of funds for its operation; and

4. other requirements provided for by laws, rules and regulations.

Article 11 (Academic Committee)

An art museum shall, according to its actual needs and in light of its academic positioning and collection system, form an academic committee, which shall be responsible for putting forward comments or consultation opinions on the development plan, collection plan, exhibition and display plan and other academic affairs of the gallery.

Article 12 ( Development of Professional Capacity)

An art museum shall, focusing on such functions as collection, protection, research, exhibition and public education, have professionals commensurate with its scale and functions, strengthen professional capacity building and enhance its professional service capacity.

Article 13 (Management of Site Safety)

An art museum shall establish and improve its safety management system, carry out safety evaluation of facilities and public activities, have safety protection equipment and personnel in accordance to law, and ensure the safety of its operation and the safety of public health and public activities.

Article 14 (Norms for Business Activities)

An art museum shall not engage in commercial activities of its collections or original fine art works. Other commercial activities shall not violate its purpose, affect the safety of its collections or harm the interests of the visitors.

Article 15 (Intellectual Property Protection)

An art museum shall abide by the provisions of relevant laws, rules and regulations on intellectual property protection, and protect and use the copyright of fine art works in accordance with law.

Article 16 (Protection of Cultural Relics)

Where the collection or exhibit in an art museum is a cultural relic, the acquisition, protection, management, exhibition and handling thereof, as well as its entry into and exit from the Chinese mainland shall comply with the provisions of laws, rules and regulations on the protection of cultural relics.

Chapter III  Collection Research

Article 17 (Management of Collection Entry)

An art museum shall clearly define the criteria for collection entry, formulate a collection plan, and gradually establish a collection system consistent with its purpose of gallery running and its academic positioning.

An art museum may acquire collections through legal means such as purchase, donation acceptance, and exchange.

Article 18 (Storage and Security of Collections)

An art museum shall store its collections in fixed and specialized storerooms, and keep them in different storerooms according to their textures.

An art museum shall regularly carry out maintenance of their collections; for the collections really in need of restoration, they shall work out restoration plans by itself or entrust a qualified unit for restoration to carry out the restoration work.

An art museum shall strengthen the security management of its collections, regularly inspect and maintain the equipment and facilities that guarantee the security of its collections, and ensure their normal operation.

Article 19 (Responsibility for and Handling of Collections)

The legal representative of an art museum shall be responsible for the security of its collections. Before the legal representative or the collection conservator of an art museum resigns or is transferred from their posts, the formalities for the transfer of the collections shall be completed.

Where an art museum terminates, the collections shall be handled in accordance with the provisions of relevant laws and administrative rules.

Article 20 (Archives of Collections)

An art museum shall establish a catalogue and archive of its collections, and record the ontological property information of its collections, and the management information such as their acquisition methods and usage.

As art museum is encouraged to establish its collection database and to improve its collection archive management by digital and information technology.

Article 21 (Collection Research)

An art museum shall strengthen the academic research of collections and the transformation and application of the research achievements, improve its independent planning of exhibitions, upgrade the quality and utilization rate of its collections, and give play to the social benefits of these collections.

An art museum is encouraged to provide support and assistance for institutions of higher learning, scientific research institutions, experts and scholars to carry out research work on the premise of ensuring the security of their collections

An art museum is encouraged to edit and publish anthologies and catalogs of its collections and to publish gallery journals, yearbooks or related publications.

Chapter IV  Exhibition and Display

Article 22 (Exhibition and Display System)

To serve both academic and popular purposes, an art museum shall utilize its collections to hold systematic long-term displays, or enrich the exhibition and display system by such means as holding temporary exhibitions, traveling exhibitions, etc.

Article 23 (Norms for Exhibited and Displayed Contents)

The exhibition and display of an art museum shall not contain the contents as follows:

1. violating the basic principles established by the Constitution;

2. endangering national unity, sovereignty and territorial integrity;

3. divulging state secrets, endangering state security or damaging the honour and interests of the State;

4. inciting ethnic hatred or ethnic discrimination, undermining ethnic unity, or infringing upon ethnic customs and habits;

5. sabotaging the State’s religious policies, or promoting cults or superstition;

6. promoting terrorist activities, spreading rumors, disturbing social order, or undermining social stability;

7. promoting obscenity, pornography, gambling or violence, or abetting crimes;

8. insulting or defaming others or infringing upon their lawful rights and interests;

9. violating social morality or excellent national cultural traditions;

10. deliberately tampering with history or seriously distorting history; or

11. containing other contents prohibited by laws, rules, regulations or the State’s provisions.

If the theme and content of an exhibition or a display in an art museum are not suitable for minors, they shall not be admitted to visit the gallery.

Article 24 (Exhibition Approval and Filing )

To hold an exhibition with overseas art creators or overseas fine art works, an art museum shall go through the relevant examination and approval procedures in accordance with the relevant provisions of the State.

When an art museum holds an exhibition of fine art works other than those specified in the preceding Paragraph, it shall, 10 working days before the beginning of the exhibition, submit the exhibition theme , list of exhibits, and text description of the exhibits to the municipal culture and tourism department or the district culture and tourism department where the exhibition is located for the record.

The culture and tourism departments shall strengthen the on-site guidance and supervision over the exhibition of an art museum.

Article 25 (Modes of Exhibitions and Description of Exhibits)

The exhibits of an art museum shall be mainly original ones, and the use of reproductions or imitations shall be clearly indicated. The labels and written descriptions of the exhibits shall be standardized and accurate; art museums with conditions shall be encouraged to provide standardized foreign language labels and description of exhibits.

Chapter V  Social Services

Article 26 (Opening Hours)

An art museum shall announce its specific opening hours to the public. It is encouraged to provide delayed and staggered services to meet diverse cultural needs.

A State-owned art museum shall be open on public holidays and appropriately extend its opening hours during national statutory holidays and school summer and winter holidays.

Article 27 (Opening and Service Charges)

State-owned art museums that are public cultural facilities shall be open to the public free of charge or at preferential rates in accordance with the relevant provisions. Where fees are charged for providing relevant services, the relevant provisions of the State and this Municipality shall be followed. Other art museums are encouraged to open to the public free of charge or at preferential rates.

The items and standards of fees charged by an art museum shall be announced to the public.

Article 28 (Public Education)

An art museum shall formulate a public education plan to carry out various forms of public education activities and services.

Schools are encouraged to organize students to carry out study and practice activities in art museums according to their curriculum arrangements and teaching plans.

Article 29 (Voluntary Services)

Art museums shall improve the volunteer service system, establish volunteer service teams, and strengthen volunteer training, management, protection, and motivation according to actual needs, in order to provide services such as explanation and guidance for the audience.

Article 30 (Supporting Services)

An art museum may set up in a reasonable manner such supporting service facilities as an area for cultural creative product exhibition and sale, an area for art book reading, and an art bookstore, so as to provide convenient services such as rest and dining and enhance its service experience.

Article 31 (Transmission Services)

An art museum shall be encouraged to cooperate with convergence media and digital cultural enterprises, utilize its collection resources and the copyright thereof reasonably in accordance with law, innovate its digital cultural products and services, develop art museum cloud exhibition and cloud education, and provide online and offline integrated transmission services.

Article 32 (Extension Services)

An art museum shall be encouraged to participate in the creation of community and rural cultural environment according to the cultural needs and the local conditions of communities and rural areas, hold exhibitions, guided tours, lectures, training and other public welfare art activities, and promote the popularity of community and rural art education.

An art museum shall be encouraged and supported in co-building and sharing with units with relevant conditions, hold art exhibitions and activities in industrial remains, creative parks, transport hubs, commercial complexes and other public spaces, and expand and extend cultural services.

Article 33 (Order Management)

Any unit or individual that enters an art museum to organize activities such as explanation, guided tour, education, teaching, and social practice shall inform the gallery in advance, carry out relevant activities within the time specified by the gallery, and follow its guidance and management, and shall not damage the rights and interests of other visitors or affect the normal operation of the gallery.

Chapter VI  Development Promotion

Article 34 (Catalog of Art Museums)

The municipal culture and tourism department shall be responsible for establishing this Municipality’s catalogue of art museums, and shall include art museums that have the main functions of an art museum and meet the operation requirements into the catalog and publish them to the society for the convenience of public inquiry.

The catalog of art museums shall specify such contents as the names, addresses, opening hours and contact information of the galleries.

Article 35 (Fund Guarantee)

The daily operating expenses of the state-owned art museums sponsored by the municipal and district people’s governments and their working departments shall be guaranteed in the financial budgets at the same level in accordance with the provisions.

The sponsors of other art museums shall guarantee the funds for the daily operation of these galleries.

Article 36 (Financial Support)

This Municipality shall encourage the establishment of public welfare funds to support the development of art museums. Art museums shall be encouraged to raise funds through various channels to promote their own development.

As for non-state-owned art museums open to the public free of charge or at preferential prices, the municipal and district people’s governments and their culture and tourism departments may provide them with financial support by implementing project subsidy and other means.

Article 37 (Government Procurement of Services)

The municipal and district people’s governments and their working departments may, in accordance with the provisions and through government procurement of services or other methods, support qualified non-state-owned art museums in providing public cultural services to the society.

Article 38 (Cooperation in Joint Construction)

State-owned and non-state-owned art museums shall be encouraged to cooperate in joint construction. State-owned art museums shall be supported in providing guidance and assistance to non-state-owned art museums in collection management, academic research and other aspects.

Article 39 (Preferential Taxation)

Art museums may enjoy preferential tax policies in accordance with law.

Citizens, legal persons and other organizations that donate property for the development of art museums through public welfare social organizations or the municipal and district people’s governments and their working departments may enjoy preferential taxation in accordance with law.

The finance, taxation, civil affairs and other departments shall support qualified art museums to apply for the qualification for pre-tax deduction of public welfare donations in accordance with law.

Article 40 (Talent Training and Evaluation)

The municipal culture and tourism department shall, jointly with the municipal departments of education, human resources and social security, formulate talent training policies related to art museums, and establish talent catalogs and talent pools for art museums.

Institutions of higher learning and scientific research are encouraged and supported to open art museum theory and practice related majors, and cooperate with art museums to set up art museum talent training bases and practical training bases, to jointly cultivate art museum professionals.

Art museum professionals are encouraged to participate in relevant professional title evaluation. The methods of evaluating art museum talents shall be improved, so as to open up their career development channels.

Article 41 (Development of Cultural Creation)

Art museums that meet the conditions are encouraged to develop cultural creative products and cultivate cultural creative brands through cooperation, authorization, independent development and other methods.

The income from the development of cultural creative products by the state-owned art museums that meet the provisions of the State shall be included in the unified management of their budgets and used to strengthen public cultural services, collection of art works, further investment in cultural and creative product development, or to reward the personnel who meet the provisions.

Chapter VII  Supervision and Administration

Article 42 (Evaluation System)

The municipal culture and tourism department shall establish and improve the system for evaluating art museums, evaluate the collection, protection, research, exhibition, public education and relevant service quality of art museums, and implement graded and classified administration and determine corresponding supporting policies according to the evaluation results.

Article 43 (Standards and Norms)

The municipal culture and tourism department shall organize the formulation of service standards for art museums, and provide guidance for art museums in the aspects of reception services, supporting services, security emergency response, and information signage.

Article 44 (Daily Regulation)

The culture and tourism departments shall carry out daily supervision and inspection over the safety operation, exhibition and display, social services and other business activities of art museums; and may admonish the legal representative or main person-in-charge of an art museum that fails to rectify the problems found in the supervision and inspection.

Article 45 (Cooperation in Law Enforcement)

The departments of culture and tourism, civil affairs, and market regulation, and other relevant departments shall strengthen communication and coordination, share information about the registration administration, daily regulation, etc. related to art museums, and strengthen cooperation in law enforcement through joint law enforcement, case transfer and other methods.

Chapter VIII  Legal Liability

Article 46 (Guiding Article)

Where relevant laws, rules or regulations have already provided for handling acts that violate the provisions of these Procedures, these laws, rules or regulations shall prevail.

Article 47 (Penalties for Violating the Specification of the Requirements of Exhibition Contents)

Where an exhibition or a display held by an art museum contains relevant prohibited contents thus in violation of the provisions of Paragraph 1 of Article 23 of these Procedures, the municipal or district department of culture and tourism shall order the museum to make corrections and may impose a fine of not less than 5,000 yuan but not more than 50,000 yuan thereon; if the case is serious, the said department may impose a fine of not less than 50,000 yuan but not more than 200,000 yuan thereon; if the case constitutes an act violating the administration of public security, penalties for the administration of public security shall be imposed in accordance with law; if the case constitutes a crime, the art museum shall be prosecuted for criminal liability in accordance with law.

Article 48 (Administrative Responsibility)

Where the culture and tourism or other departments or their staff members, in violation of the provisions of these Procedures, fail to perform the relevant administrative duties in accordance with law, abuse their power, neglect their duties, or engage in malpractices for personal gains, the person-in-charge directly liable and other person directly liable shall be given sanctions in accordance with law.

Chapter IX  Supplementary Provisions

Article 49 (Reference Application)

Art museums/academies, memorial halls and art centers that have the nature of art museums, as well as state-owned art museums that are established by public institutions or state-owned enterprises in accordance with law and do not have independent legal personality shall be governed with reference to the relevant provisions of these Procedures.

Article 50 (Effective Date)

These Procedures shall be effective as of April 15, 2023.