Measures for the administration of art transactions

Measures for the administration of works of art

Chapter I General Principles

Article 1 These Measures are formulated in order to strengthen the management of art business activities, standardize business practices, prosper the art market and protect the legitimate rights and interests of creators, operators and consumers.

Article 2 The term "artworks" as mentioned in these Measures refers to paintings, calligraphy seal cutting works, sculptures, artistic photography works, installation works, arts and crafts works and limited copies of the above works. The term "artworks" as mentioned in these Measures does not include cultural relics.

The art business activities regulated in these Measures include:

(1) Acquisition, sale and lease;

(2) brokers;

(3) Import and export business;

(four) identification, evaluation, commercial exhibition and other services;

(five) investment and business activities and services with works of art as the subject matter.

These Measures shall apply to the business activities of artworks by using information networks.

Article 3 The Ministry of Culture shall be responsible for formulating policies on the management of artworks, supervising and managing the national art business activities, and establishing a credit supervision system for the art market.

The cultural administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the examination and approval of the import and export business activities of artworks, and establish expert committees to provide professional advice for the content review and market supervision carried out by the cultural administrative departments.

The cultural administrative department of the people's government at or above the county level shall be responsible for the daily supervision and management of art business activities within its administrative area, and the cultural administrative department of the people's government at or above the county level or the comprehensive law enforcement agency of the cultural market authorized according to law shall punish the acts of engaging in art business activities in violation of relevant state regulations.

Fourth, strengthen the construction of social organizations in the art market. Encourage and guide social organizations such as industry associations to formulate industry standards, guide and supervise members to carry out business activities according to law, strengthen industry self-discipline in accordance with the articles of association, promote the construction of integrity, and promote fair competition in the industry.

Chapter II Business Norms

Article 5 To establish a business unit engaged in art business activities, it shall apply to the administrative department for industry and commerce of the local people's government at or above the county level for a business license, and file it with the cultural administrative department of the local people's government at or above the county level within 05 days from the date of obtaining the business license.

Other business units that add art business shall go through the filing procedures in accordance with the provisions of the preceding paragraph.

Article 6 It is forbidden to deal in works of art containing the following contents:

(1) Opposing the basic principles set by the Constitution;

(2) endangering national unity, sovereignty and territorial integrity;

(3) divulging state secrets, endangering state security or damaging state honor and interests;

(4) Inciting national hatred and discrimination, undermining national unity and infringing on national customs and habits;

(5) sabotaging the state's religious policy and propagating cults and superstitions;

(6) propagating terrorist activities, spreading rumors, disturbing social order and undermining social stability;

(7) Propagandizing obscenity, pornography, gambling, violence or abetting crimes;

(8) Insulting or slandering others and infringing upon their legitimate rights and interests;

(nine) in violation of social morality or excellent national cultural traditions;

(ten) deliberately tampering with history and seriously distorting history;

(eleven) there are other contents prohibited by laws, regulations and state regulations.

Article 7 It is forbidden to deal in the following works of art:

(a) Smuggling, theft and other works of art of illegal origin;

(2) Forging, altering or posing as a work of art in the name of others;

(3) Works of art such as animals, plants, minerals, metals and fossils. Trading is prohibited by laws and regulations, except those with legal procedures and permission to operate;

(four) other works of art prohibited by the state.

Eighth art business units shall not have the following business practices:

(1) concealing the source of the work from consumers, or concealing important matters in the description of the work, and misleading consumers;

(2) Forging or altering the transaction documents such as the source certificate, appraisal and evaluation documents of works of art;

(3) Operating for the purpose of illegal fund-raising or by means of illegal pyramid selling;

(four) without approval, the rights and interests of works of art are divided into equal shares for public offering and traded through centralized bidding, market makers and other centralized trading methods;

(five) other business activities prohibited by laws, regulations and state regulations.

Ninth art business units shall abide by the following provisions:

(1) The artwork handled shall be marked with information such as the author, year, size, material, preservation status, sales price, etc.

(2) Keep original vouchers, sales contracts, general ledger, account books and other sales records related to the transaction. Laws and regulations have clear time limit requirements, in accordance with the provisions of laws and regulations; If there are no clear provisions in laws and regulations, the storage period shall not be less than 5 years.

Article 10 An art business entity shall, at the request of the buyer, conduct due diligence on the art purchased by the buyer and provide one of the following supporting materials:

(1) The original documents of proof approved or issued by the creator of the artwork;

(two) the certification documents issued by the third party appraisal and evaluation institutions;

(3) Other documents that can prove or trace the source of the artwork.

Eleventh art business units engaged in art appraisal, evaluation and other services, shall comply with the following provisions:

(1) Signing a written agreement with the client to stipulate the appraisal items, the scope of application of appraisal conclusions and the responsibilities that the client should bear;

(two) express the procedures for the identification and evaluation of works of art or the matters that need to be informed and prompted by the client;

(3) To issue a written appraisal conclusion, which shall include a comprehensive and objective description of the commissioned artwork, appraisal procedures, evidence of appraisal conclusion, a statement of responsibility for appraisal conclusion, and be responsible for the authenticity of appraisal conclusion;

(4) Copies of written appraisal, appraisal conclusion, appraisal book, appraiser's signature and other files shall be kept for not less than 5 years.

Twelfth cultural property exchanges and investment and business units with artworks as the target shall implement the relevant provisions of the state if they privately issue the rights and interests of artworks or adopt centralized bidding transactions for artworks. ..

Chapter III Import and Export Business Activities of Works of Art

Thirteenth art import and export business activities include:

(1) Business activities of importing or exporting works of art from abroad;

(2) Various exhibition activities held in domestic public exhibition places for the purpose of sales and commercial publicity, with the participation of overseas art creators or overseas art works.

Article 14 Whoever imports or exports works of art from abroad shall, before importing or exporting works of art, apply to the cultural administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government where the port of import and export of works of art is located, and submit the following materials:

(1) Business license and foreign trade operator registration form;

(2) The source and destination of the imported and exported artworks;

(3) A catalogue of works of art;

(four) other materials required by the examination and approval department.

The administrative department of culture shall make a decision of approval or disapproval within 5 days from the date of accepting the application. If it is approved, an approval document shall be issued, and the applicant shall go through the formalities at the customs with the approval document; If it is not approved, it shall notify the applicant in writing and explain the reasons.

Article 15 For the purpose of sales and commercial publicity, the organizer shall apply to the cultural administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government where the organizer is held, and submit the following materials:

(a) the business license of the organizer or organizer and the registration form of foreign trade operators;

(2) List of overseas art creators or overseas exhibitors participating in the exhibition;

(3) A catalogue of works of art;

(four) other materials required by the examination and approval department.

The administrative department of culture shall make a decision of approval or disapproval within 05 days from the date of accepting the application. If it is approved, an approval document shall be issued, and the applicant shall go through the formalities at the customs with the approval document; If it is not approved, it shall notify the applicant in writing and explain the reasons.

Article 16 The cultural administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government where the art import and export port is located, when examining and approving the art import and export business activities, may submit the contents of the declared art to the expert committee for review. The review time does not exceed 15 days, and the review time is not included in the approval time limit.

Article 17 If the same batch of artworks whose contents have been examined by the administrative department of culture are re-exported or re-imported, the import and export entity may go through the relevant formalities at the customs at the import and export port with the original approval documents, and the administrative department of culture will not repeat the examination and approval.

Article 18 Without the approval of the administrative department for culture, no unit or individual may sell or disseminate imported works of art in other commercial forms.

These Measures shall not apply to individuals carrying or mailing artworks into or out of the country. If an individual carries or mails more than the reasonable quantity of artworks recognized by the customs for his own use, the customs shall handle the import and export formalities with reference to Article 14 of these Measures.

The entry and exit of artworks for non-business purposes such as research, teaching reference, collection and public welfare exhibition shall be handled with reference to Article 14 or Article 15 of these Measures.

Chapter IV Legal Liability

Nineteenth in violation of the provisions of Article 5 of these measures, the cultural administrative department of the people's government at or above the county level or the comprehensive law enforcement agency of the cultural market authorized by law shall order it to make corrections, and may impose a fine of 10000 yuan according to the seriousness of the case.

Article 20 In violation of the provisions of Article 6 and Article 7 of these Measures, illegal artworks and illegal income shall be confiscated by the cultural administrative department of the people's government at or above the county level or the comprehensive law enforcement agency of the cultural market authorized according to law, and if the illegal business amount is less than 1 10,000 yuan, a fine of 1 10,000 yuan but less than 20,000 yuan shall be imposed; If the illegal business amount is more than 10000 yuan, a fine of more than 2 times and less than 3 times the illegal business amount shall be imposed.

Twenty-first in violation of the provisions of article eighth of these measures, the administrative department of culture of the people's government at or above the county level or the comprehensive law enforcement agency of the cultural market authorized according to law shall order it to make corrections and confiscate its illegal income. If the illegal business amount is less than 1 10,000 yuan, a fine of more than 1 10,000 yuan and less than 20,000 yuan shall be imposed. If the illegal business amount is more than 10000 yuan, a fine of more than 2 times and less than 3 times the illegal business amount shall be imposed.

Twenty-second in violation of the provisions of Article 9 and Article 11 of these measures, the cultural administrative department of the people's government at or above the county level or the comprehensive law enforcement agency of the cultural market authorized according to law shall order it to make corrections, and may impose a fine of not more than 30,000 yuan according to the seriousness of the case.

Article 23 Whoever, in violation of the provisions of Articles 14 and 15 of these Measures, engages in the import and export business activities of artworks without approval, or violates the provisions of the first paragraph of Article 18, shall be ordered to make corrections by the cultural administrative department of the people's government at or above the county level or the comprehensive law enforcement agency of the cultural market authorized according to law. If the illegal business amount is less than 1 10,000 yuan, a fine of more than 1 10,000 yuan and less than 20,000 yuan will be imposed; If the illegal business amount is more than 10000 yuan, a fine of more than 2 times and less than 3 times the illegal business amount shall be imposed.

Chapter V Supplementary Provisions

The time limit for administrative licensing, filing and examination by expert committees stipulated in Article 24 shall be calculated in working days, excluding legal holidays.

Article 25 The Ministry of Culture shall be responsible for the interpretation of these Measures.

Article 26 These Measures shall come into force on March 20, 20 16. The Measures for the Management of Art Works promulgated on July 1 2004 shall be abolished at the same time.