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Regulations of Xuzhou Museum on Donations (Trial)



        Article 1 In order to encourage donations from natural persons, legal persons and other organizations home and abroad to Xuzhou Museum (Xuzhou Institute of Cultural Relics and Archaeology), regulate the donation accepting activities of Xuzhou Museum, protect the donators' lawful rights, and promote the development of Xuzhou Museum, this regulation is hereby formulated, based on Law of the People's Republic of China on the Protection of Cultural Relics, Welfare Donations Law of the People's Republic of China and provisions in other relative laws and regulations, and combined with the actual situation of this museum.

        Article 2 Xuzhou Museum, which is herein referred to, with the full name of Xuzhou Museum (Xuzhou Institute of Cultural Relics and Archaeology), is Xuzhou's comprehensive museum for excavation, preservation, exhibition, collection and research of historical relics. It is mainly engaged in cultural relics collection, archaeological excavation, cultural relics repair, exhibition, academic research, social education, cultural and creative development, cultural relics identification, etc.

        Article 3 This regulation applies to the properties (including material objects, currencies, services and other property forms) donated by natural persons, legal persons and other organizations home and abroad to Xuzhou Museum, and the use and management of the properties donated.

        Article 4 Xuzhou Museum must accept social donations according to the state laws and regulations, based on the principle of voluntariness and free of charge, for purpose of public goods. As the donatory, Xuzhou Museum is responsible for accepting, using and managing the properties donated.

        Article 5 The property donated by the donator shall be legal property at its disposal, and free from defects of right. The donator may donate properties with or without conditions (if conditions are added on the donation, Xuzhou Museum may negotiate with the donator on the conditions therefor).

        Article 6 Means of accepting donations by Xuzhou Museum:

        (I) Voluntary donation: The donator donates properties (including cultural relics, funds and other properties) to Xuzhou Museum free of charge;

        (II) Sponsorship: The donator provides commercial sponsorship such as funds or material objects for Xuzhou Museum;

        (III) Other: Other means of donation with additional conditions adopted by the donator.

        Article 7 Process of accepting donation by Xuzhou Museum:

        (I) The donator submits to Xuzhou Museum the intention of donation, with the category and quantity of the objects to donate. If the category is cultural relics, Xuzhou Museum will identify the cultural relics to be donated, and determine the value, according to relative procedures;

        (II) Xuzhou Museum negotiates with the donator on details related to donation, and in accordance with the type, quality, quantity and use of the property donated, signs the agreement of donation, which defines issues like transfer of ownership and right to use involved in the property donated. The donator is entitled to determine the quantity, use and way of donation;

        (III) The donator shall fulfill the agreement of donation according to law, and shall transfer the donated property to Xuzhou Museum in accordance with the term and means provided in the agreement of donation

        (IV) Xuzhou Museum handles relative procedures (including the cultural relics, funds and other properties donated by outbound donators) for the donator according to relative laws.

        Article 8 If the value of donated property requires calculation, the value shall be determined as to the cost price. If it is difficult to determine the value of donated property as to the cost price, Xuzhou Museum shall negotiate with the donator on the value, and if necessary, a qualified institution of asset appraisal can be entrusted to evaluate the donated property.

        Article 9 Xuzhou Museum gives the donator various forms of honors or rewards based on the contributions of the donator to Xuzhou Museum (if titles or public awards are given to the donator, the museum should ask the donator for prior consent):

        (I) Award certificate of donation;

        (II) Return a certain number of gifts, souvenirs, etc.;

        (III) Award certificate of honor;

        (IV) Publicize donations on the website, WeChat official account, and microblog of Xuzhou Museum;

        (V) Hold donation ceremony on the donation program;

        (VI) Donated cultural relics on display should have label of the donator's name;

        (VII) Grant the donator with special permission of using the name and logo of Xuzhou Museum;

        (VIII) Grant the donator with the naming right in the exhibition halls and divisions of Xuzhou Museum;

        (IX) Other ways of returning agreed by the two parties.

        Article 10 Xuzhou Museum shall establish and improve its financial system according to relative state regulations, accept audit and social supervision, and release the utility of funds to the society.

If the properties donated in form of funds are applied to the venue construction, cultural relics collection, cultural relics preservation and protection, exhibition and digital management investment of Xuzhou Museum, but the donator and Xuzhou Museum have agreed on the utility of the donated properties, Xuzhou Museum shall use the properties as agreed upon rather than change it without consent. If a change of utility is required, the museum shall ask for the donator's consent.

As to the properties donated in form of material object, Xuzhou Museum shall have the material objects registered and preserve them well.

        Article 11 The donator is entitled to inquire Xuzhou Museum for the use and management of the property donated, and propose comments and suggestions. Xuzhou Museum shall give truthful reply to the donator. If the donator needs to keep files of the donated cultural relics, photographs, rubbings and illustrations can be made, with which Xuzhou Museum shall coordinate with all its strength.

        Article 12 After accepting the donation, Xuzhou Museum shall issue lawful, valid proof to the donator.

        Article 13 Xuzhou Museum is subject to Welfare Donations Law of the People's Republic of China when it arbitrarily changes the nature and utility of the donated property, embezzles or encroaches the donated property without the donator's consent, and has other illegal acts in the donation activity.

        Article 14 If the staff of Xuzhou Museum causes heavy losses to the donated property due to misuse of authority, misconduct of office, and irregularities for favoritism, they shall be subject to the relative regulations; if a crime is constituted, their criminal liabilities shall be prosecuted for according to law.

        Article 15 As the properties are donated to Xuzhou Museum on basis of complete voluntariness, nobody may forcibly request any domestic and overseas natural person, legal person and other organizations for donation and sponsorship in the name of Xuzhou Museum.

        Article 16 The companies and other enterprises which donate properties to Xuzhou Museum may enjoy preferential policies on corporate income tax, in accordance with related provisions in Welfare Donations Law of the People's Republic of China.

        Article 17 The individuals and individual businesses that donate properties to Xuzhou Museum may enjoy preferential policies on individual income tax, in accordance with related provisions in Welfare Donations Law of the People's Republic of China.

        Article 18 The overseas entities that donate properties to Xuzhou Museum may enjoy deduction or exemption of import tariffs and VAT on imports.

        Article 19 This regulation is subject to the interpretation by Xuzhou Museum.

        Article 20 This regulation comes into force from the date it is issued.