Interpretation of the Museums Ordinance

The sixth in a series of articles on the Interpretation of Museum Regulations —— Non-state-owned museums usher in new development opportunities

Non-state-owned museums usher in new development opportunities.

Director, Department of Museums and Social Heritage, National Cultural Heritage Administration of Duan Yong

The Museum Ordinance (hereinafter referred to as the Ordinance) clarifies the status and attributes of non-state-owned museums in the legal level, which provides a solid guarantee for the sustainable development of non-state-owned museums and creates important conditions.

First, from "private museums" to "non-state-owned museums"

Before the promulgation of the "Regulations", people usually called non-profit social service institutions established by social forces outside government departments, which mainly used cultural relics, specimens and materials collected by the people, private museums (or private museums, private museums) to distinguish them from state-owned museums. Although the assets of museums established by state-owned enterprises are state-owned, according to the current policy, they cannot obtain the status of public institutions, and can only be registered as private non-enterprise units according to law, which belongs to the same category as traditional private museums, resulting in some confusion in the understanding, management and policies of private museums.

The Regulations clearly stipulate that museums established by using or mainly using non-state-owned assets are non-state-owned museums, redefining such museums, so museums established by state-owned enterprises can reasonably belong to the category of state-owned museums.

Second, treat state-owned museums and non-state-owned museums fairly.

The Regulations clearly stipulate that "the state treats state-owned and non-state-owned museums fairly in terms of museum establishment conditions, provision of social services, standardized management, evaluation of professional and technical titles, and fiscal and taxation support policies". There is no distinction between state-owned and non-state-owned museums in terms of definition, nature, purpose, fiscal and taxation support policies, supervision and management, establishment conditions, articles of association, corporate governance structure, business operation, collection acquisition, collection management, corporate responsibility, applicable laws and regulations, social services, exhibitions, public explanations, derivative product development, educational activities, scientific research, public obligations, industry organizations, and legal responsibilities.

Third, non-state-owned museums have developed rapidly.

Fourthly, the special contribution of non-state-owned museums.

Fifth, the development of non-state-owned museums is uneven.

Sixth, the problems existing in non-state-owned museums

Seven. State support for non-state-owned museums

Eight, promote the sustainable and healthy development of non-state-owned museums.

The development of non-state-owned museums can not only rely on financial input, but also rely on the change of ideas, the improvement of management system and the improvement of supporting policies.

At present, the legal collection of cultural relics and artworks by individuals in China is not only permitted by law, but also guaranteed. However, it is not necessary for every collector to set up a museum. If you want to run a museum, it must conform to the nature and purpose of the museum, and the founder needs to have the spirit and realm of turning private into public. Non-state-owned museums in China need the support, encouragement, guidance and standardization of relevant policies if they want to take a comprehensive step of transforming museum-related property from private property to legal person property. Fortunately, some founders of non-state-owned museums are transcending the role of traditional collectors, or they say that they will donate their existing museums and collections to the society, or actively explore the socialized management and operation of museums by establishing international general models such as councils and foundations to ensure their sustainable existence. They represent the development direction of non-state-owned museums in China.