Books and Periodical Scanners: Measures for the Implementation of the Archives Law of the People's Republic of China-Fangyuan Huitu

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(On October 24, 1990, the State Council approved the National Archives Bureau Order No. 1 issued on November 19, 1990, the State Council approved the amendment on May 5, 1999, and the National Archives Bureau Order No. 5 was reissued on June 7, 1999)

Chapter 1 General

Article 1 These Measures are formulated in accordance with the provisions of the "Archives Law of the People's Republic of China" (hereinafter referred to as the "Archives Law").

Article 2 The archives that have preservation value to the state and society as mentioned in Article 2 of the Archives Law belong to the state, and the National Archives Bureau shall determine the specific scope together with the relevant state departments; they shall belong to collective ownership, individual ownership, and others that do not belong to the state. For all, the specific scope shall be determined by the archives administration department of the people ’s government of the province, autonomous region, or municipality directly under the Central Government with the consent of the National Archives Administration.

Article 3 The permanent storage archives of national archives at all levels shall be managed at the first, second, and third levels. The specific standards and management measures for the classification shall be formulated by the National Archives Administration.

Article 4 Each department of the State Council, with the consent of the State Archives Bureau, and the departments of the people ’s governments of provinces, autonomous regions, and municipalities directly under the Central Government, with the consent of the archives administration department of the people ’s government at the corresponding level, may formulate specific management systems and measures for the professional archives of this system.

Article 5 The people's governments at and above the county level shall strengthen the leadership of archives work, include the construction of archives under the national economic and social development plan at the same level, establish and improve archives institutions, determine the necessary staffing, and coordinate the development of archives Required funds.

Organs, organizations, enterprises and institutions and other organizations should strengthen the leadership of their own archives work and ensure that archives work is carried out according to law.

Article 6 Any one of the following deeds shall be rewarded by the people's government, archives administrative department or this unit:

(1) Those who have made remarkable achievements in the collection, arrangement, and utilization of archives;

(2) Those who have made remarkable achievements in the protection and modern management of archives;

(3) Those who have made important contributions to the study of archives;

(4) Donating important or precious archives to the country;

(5) Outstanding performance in the fight against violations of archives laws and regulations.

Chapter 2 Archives and their responsibilities

Article 7 The National Archives Administration shall perform the following duties in accordance with the provisions of Article 6, paragraph 1 of the Archives Law:

(1) According to relevant laws, administrative regulations and relevant national policies and policies, study and formulate rules and regulations of archives work and specific policies and policies;

(2) Organizing and coordinating the development of the national archives cause, formulating comprehensive plans and special plans for the development of the archives cause, and organizing their implementation;

(3) To supervise and inspect the implementation of relevant laws, regulations and relevant state policies and policies, and investigate and deal with violations of archives according to law;

(4) The archives work of the central and state organs and departments, enterprises and institutions directly under the State Council, and national social organizations that are not within the scope of registration in accordance with relevant state regulations, the work of central state archives, and the people ’s governments of provinces, autonomous regions, and municipalities The supervision and guidance of the work of the archives administration department;

(5) To organize and guide the research of archive theory and science and technology, archive publicity and archive education, and archive staff training;

(6) To organize and carry out international exchange activities in archival work.

Article 8 The archives administrative departments of local people's governments at and above the county level shall perform the following duties in accordance with the provisions of Article 6, paragraph 2 of the Archives Law:

(1) To implement relevant laws, regulations and relevant national policies and policies;

(2) Formulate the development plan of archives undertakings and the rules and regulations of archives work within the administrative area, and organize the implementation;

(3) Supervise and guide the work of archives in the administrative area, and investigate and deal with violations of archives according to law;

(4) To organize and guide the research of archives theory and science and technology, archives publicity and archives education, and archives staff training in the administrative area.

Article 9 The archival institutions of organs, organizations, enterprises, institutions and other organizations shall perform the following duties in accordance with the provisions of Article 7 of the Archival Law:

(1) To implement relevant laws, regulations and relevant national policies and policies, and establish and improve the rules and regulations of the unit's archives work;

(2) Guide the formation, accumulation and filing of documents and materials of the unit;

(3) Manage the files of the unit in a unified manner and hand over the files to the relevant archives in accordance with regulations;

(4) Supervise and guide the archival work of the affiliated institutions.

Article 10 National archives at the central and local levels are cultural institutions that centrally preserve and manage archives, and shall undertake the following tasks in accordance with Article 8 of the Archives Law:

(1) Collect and receive archives that have preservation value to the country and society within the storage range of the library;

(2) Sorting and keeping the archives in strict accordance with regulations;

(3) Develop archive resources in various forms to provide services for society to utilize archive resources.

According to relevant state regulations, other archives established with approval may, according to need, undertake the tasks specified in the preceding paragraph.

Article 11 The principles and layout plans for the establishment of national archives shall be formulated by the National Archives Bureau and implemented after being submitted to the State Council for approval.

Chapter III Archives Management

Article 12 In accordance with the provisions of the National Archives Office regarding the filing of documents and materials, the materials that should be filed and archived shall be collected by the unit ’s documents or business institutions, and sorted and filed, and regularly submitted to the unit ’s archives or archives staff for centralized management ; No one should take possession or refuse to file.

Article 13 Organs, organizations, enterprises, institutions and other organizations shall regularly transfer files to the relevant national archives in accordance with the provisions of the National Archives on file transfer.

Archives belonging to the reception scope of the national archives at the central, provincial, and district-level municipal archives shall be transferred to the relevant national archives within 20 years from the date of the formation of the archives; they shall be accepted by the national archives at the county level The archives establishment shall transfer the archives to the relevant county-level national archives within 10 years from the date the archives are formed.

Upon examination and approval by the archives administrative department at the same level, the archives with high professionalism or confidentiality may be extended to the relevant archives; the archives of the cancelled units may be unsafe or severely damaged due to poor storage conditions Archives can be transferred to the relevant archives in advance.

Article 14 For both cultural relics, library materials and archives, archives may exchange duplicates, copies or catalogues with museums, libraries, memorials and other units, jointly hold exhibitions, and jointly edit and publish relevant historical materials or conduct research on historical materials.

Article 15 National archives at all levels shall take the following management measures for the archives kept:

(1) Establish a scientific management system and gradually realize the standardization and standardization of storage;

(2) Configure special warehouses suitable for the safe storage of archives, and be equipped with necessary facilities for anti-theft, fire prevention, stain resistance, and pest protection;

(3) Take effective measures to protect and manage the files according to their different levels;

(4) According to needs and possibilities, equipped with technical equipment that meets the needs of modern management of archives.

The archives of organs, organizations, enterprises, institutions and other organizations shall be kept in accordance with the provisions of the preceding paragraph as necessary.

Article 16 The alteration and decryption of the classified level of confidential archives referred to in Article 14 of the Archives Law shall be handled in accordance with the provisions of the Law of the People's Republic of China on the Protection of State Secrets and its implementation measures.

Article 17 Archives that belong to collective ownership, individual ownership, or other archives that are not owned by the state and have preservation value to the state and society or that should be kept secret. Archive owners may deposit, donate, or sell to national archives at all levels. Any sale, transfer or gift to any unit or individual other than national archives at all levels must be approved by the archives administrative department of the people's government at or above the county level; it is strictly forbidden to sell or give away to foreigners and foreign organizations.

Article 18 Files belonging to the state shall not be sold by any organization or individual.

If a state-owned enterprise or institution needs to transfer relevant files due to asset transfer, it shall be handled in accordance with relevant state regulations.

Archives at all levels, as well as agencies, organizations, enterprises, institutions and other organizations, in order to collect and exchange Chinese lost files abroad, conduct international cultural exchanges, and adapt to the needs of economic construction, scientific research, and scientific and technological achievement promotion The archives bureau or the archives administration department of the people ’s government of a province, autonomous region, or municipality directly under the Central Government may, according to the examination and approval of its powers, present, exchange, or sell copies of archives to units or individuals at home and abroad.

Article 19 The first-level archives held by the National Archives at all levels are strictly prohibited from exiting the country.

If the secondary archives held by the national archives at all levels need to leave the country, they must be reviewed and approved by the National Archives Administration. The third-level archives of national archives at all levels, the first-, second-, and third-level archives of national archives at all levels belong to state-owned archives and collective-owned, individual-owned, and other non-state-owned archives. For archives and their copies that have preservation value or that should be kept secret, national archives at all levels and agencies, groups, enterprises, institutions, other organizations and individuals need to carry, transport or mail out of the country, must go through the people's government of the province, autonomous region, municipality directly under the Central Government The archives administrative department shall review and approve, and the customs shall check and release based on the approved documents.

Chapter IV Utilization and Publication of Archives

Article 20 The archives kept by the national archives at all levels shall be opened to the society in stages and in batches in accordance with the relevant provisions of the Archives Law, and the catalogue of open archives shall be published at the same time. Start time of file opening:

(1) Archives before the founding of the People's Republic of China (including Qing and pre-Qing dynasty archives; archives during the Republic of China period and revolutionary historical archives) shall be open to society from the date of implementation of these Measures;

(2) The archives formed since the founding of the People ’s Republic of China will be open to the society at least 30 years from the date of formation;

(3) Economic, scientific, technological, cultural and other archives can be opened to the society at any time.

The archives listed in the preceding paragraph involve national interests such as national defense, diplomacy, public security, national security, and other archives that have reached 30 years from the date of formation, but the archives believe that it is not suitable for opening due to expiration. With the approval of the archives administrative department, it may be postponed to the society.

Article 21 Archives at all levels and various types of archives providing social use shall gradually realize the replacement of originals with microfilms. Micrographs of archives and other copies of archives containing the signature or seal of the legal representative of the archives collection unit shall have the same effect as the original archives.

Article 22 The use of archives as mentioned in the Archives Law refers to the reading, copying and extracting of archives.

Citizens and organizations of the People's Republic of China, holding legal letters such as introduction letters or work permits, and ID cards, can use open files.

For foreigners or foreign organizations to use archives that have been opened in China, they must obtain the approval of the relevant Chinese authorities and the archives where the archives are kept.

Organs, organizations, enterprises, institutions and other organizations, and Chinese citizens who use unopened archives kept by the archives must obtain the consent of the archives holding the archives, and if necessary, the relevant archives administrative department should review and agree.

The archives of organs, organizations, enterprises, institutions and other organizations that have not been transferred to the archives, and other organs, organizations, enterprises, institutions and organizations, and Chinese citizens need to use the files, must obtain the consent of the archive preservation unit.

Archives at all levels and types should create convenient conditions for society to use archives. To provide files for social use, fees may be collected in accordance with regulations. The charging standards shall be formulated by the State Archives Administration in conjunction with the State Council price management department.

Article 23 The publication of the archives referred to in Article 22 of the Archives Law refers to the first or all of the original texts of the archives, or the specific contents recorded in the archives, for the first time by the following forms:

(1) Publishing through newspapers, journals, books, audiovisual, electronic and other publications;

(2) Broadcasting through radio and television stations;

(3) Dissemination through the public computer information network;

(4) Reading and broadcasting in public;

(5) Publishing and distributing the full text or excerpt compilation of archives historical materials and materials;

(6) Public sale, distribution or posting of copies of files;

(7) Exhibitions, publicly displayed archives or copies thereof.

Article 24 The publication of files owned by the state shall be handled in accordance with the following provisions:

(1) Those kept in the archives shall be announced by the archives; if necessary, they shall be approved by the archives forming unit or reported to the superior authority of the archives forming unit for approval;

(2) If it is kept in the archives of each unit, it shall be announced by that unit; if necessary, it shall be reported to and approved by its superior competent authority for publication;

(3) Units and individuals using archives owned by the State shall not have the right to publish archives without the consent of the archives or archive preservation unit or the authorization or approval of the competent authorities listed in the preceding two items.

Collectively owned, personally owned, and other files that are not owned by the state and have preservation value for the state and society. When their owners publish to the society, they shall abide by the state ’s regulations on confidentiality, and shall not damage state, social, collective and The interests of other citizens.

Article 25 The national archives at all levels shall obtain the consent of the archives owner for the publication and utilization of the archives.

Article 26 The use and publication of archives shall not violate the national laws and regulations on the protection of intellectual property rights.

Chapter V Penalties

Article 27 Any one of the following acts shall be ordered by the archives administrative department of the people's government at or above the county level to correct within a time limit; if the circumstances are serious, the person in charge or other person directly responsible shall be given administrative sanctions according to law:

(1) Refusing to submit to the archives agency or archives personnel the documents and materials that should be archived in the official activities, which should be archived;

(2) Refusing to transfer the archives to the National Archives in accordance with national regulations;

(3) Unauthorized expansion or reduction of the file receiving range in violation of national regulations;

(4) Failure to open archives in accordance with national regulations;

(5) Knowing that the files kept are in danger and failing to take measures, resulting in file losses;

(6) The archival staff and the personnel who have leadership responsibility for archival work neglect their duties and cause archival losses.

Article 28 The amount of fines stipulated in the second and third paragraphs of Article 24 of the "Archives Law" is, according to the value and quantity of the relevant archives, from 10,000 yuan to 100,000 yuan for units and 500 for individuals More than 5,000 yuan below.

Article 29 In case of violation of the "Archives Law" and these Measures, resulting in loss of archives, the archives administration department of the people's government at or above the county level and the relevant competent authority shall order compensation based on the value of the lost archives.

Chapter VI Supplementary Provisions

Article 30 The archives work of the Chinese People's Liberation Army shall be managed in accordance with the principles established by the Archives Law and these Measures.

Article 31 These Measures shall be implemented as of the date of promulgation.

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