Article 2 Archives with preservation value to the state and society mentioned in Article 2 of the Archives Law belong to the state, and the specific scope shall be determined by the State Archives Bureau in conjunction with relevant state departments; Belonging to collective ownership, individual ownership and other non-state ownership, the archives administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall determine the specific scope after obtaining the consent of the National Archives Bureau.
Article 3 Permanent archives collected by national archives at all levels shall be managed at the first, second and third levels, and the specific grading standards and management measures shall be formulated by the National Archives.
Article 4 With the consent of the National Archives Bureau and the archives administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, various ministries and commissions in the State Council may formulate specific management systems and measures for professional archives in this system.
Article 5 The people's governments at or above the county level shall strengthen their leadership over archival work, incorporate the construction of archival undertaking into the national economic and social development plan at the corresponding level, establish and improve archival institutions, determine the necessary staffing, and make overall arrangements for the funds needed for the development of archival undertaking.
Organs, organizations, enterprises, institutions and other organizations shall strengthen their leadership over the archival work of their own units and ensure that the archival work is carried out according to law.
Article 6 Anyone who has one of the following deeds shall be rewarded by the people's government, the archives administration department or the unit to which he belongs:
(1) Having made remarkable achievements in the collection, arrangement and utilization of archives;
(2) Having made remarkable achievements in archives protection and modern management;
(3) Having made an important contribution to archives research;
(4) donating important or precious archives to the state;
(five) outstanding performance in fighting against violations of archives laws and regulations. Article 7 The National Archives Bureau shall perform the following duties in accordance with the provisions of the first paragraph of Article 6 of the Archives Law:
(a) according to the relevant laws, administrative regulations and relevant state policies, study and formulate rules and regulations and specific policies for archival work;
(two) to organize and coordinate the development of national archives, formulate comprehensive plans and special plans for the development of archives, and organize their implementation;
(three) to supervise and inspect the implementation of relevant laws, regulations and relevant state policies, and investigate and deal with illegal acts of archives according to law;
(four) to supervise and guide the archives work of the central and state organs, enterprises and institutions directly under the State Council, national social organizations that are not within the scope of registration according to the relevant provisions of the state, the national archives at the central level and the archives administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government;
(five) to organize and guide the archives theory and scientific and technological research, archives publicity and archives education, and archives staff training;
(6) Organizing international exchange activities on archival work.
Article 8 The archives administration department of the local people's government at or above the county level shall perform the following duties in accordance with the provisions of the second paragraph of Article 6 of the Archives Law:
(a) the implementation of relevant laws, regulations and relevant state policies;
(two) to formulate the development plan of archives and the rules and regulations of archives work within their respective administrative areas, and organize their implementation.
(three) to supervise and guide the archival work within their respective administrative areas, and investigate and deal with illegal acts of archives according to law;
(four) to organize and guide the archives theory and scientific and technological research, archives publicity and archives education and archives staff training within their respective administrative areas.
Article 9 Archives institutions of state organs, public organizations, enterprises, institutions and other organizations shall perform the following duties in accordance with the provisions of Article 7 of the Archives Law:
(a) the implementation of relevant laws, regulations and relevant state policies, establish and improve the rules and regulations of the archives work of the unit;
(two) to guide the formation, accumulation and filing of documents and materials of the unit;
(three) unified management of the archives of the unit, and in accordance with the provisions of the transfer of archives to the relevant archives;
(four) to supervise and guide the archival work of subordinate institutions.
Article 10 The central and local national archives are cultural institutions that centrally preserve and manage archives. According to the provisions of Article 8 of the Archives Law, they undertake the following tasks:
(a) to collect and receive archives within the scope of the library that are of preservation value to the state and society;
(2) Organize and keep the saved files in strict accordance with regulations;
(three) to take various forms to develop archives resources and provide services for the society to use archives resources.
According to the relevant provisions of the state, other types of archives approved for establishment may undertake the tasks specified in the preceding paragraph as needed.
Eleventh national archives establishment principles and layout planning, formulated by the National Archives Bureau, submitted to the State Council for approval before implementation. Article 12 In accordance with the provisions of the National Archives Bureau on the filing of documents and materials, the materials that should be filed shall be collected, sorted and filed by the documents or business institutions of the unit, and regularly handed over to the archival institutions or archivists of the unit for centralized management; No one may keep it for himself or refuse to file it.
Thirteenth organs, organizations, enterprises, institutions and other organizations shall, in accordance with the provisions of the State Archives Bureau on the transfer of files, regularly transfer files to the relevant national archives.
Archives belonging to the central, provincial and municipal national archives shall be handed over to the relevant national archives within twenty years from the date of the formation of the archives; Archives belonging to the receiving scope of the county-level national archives shall be handed over to the relevant county-level national archives from the date of the formation of the archives 10. With the approval of the archives administration department at the same level, files with strong professionalism or need to be kept confidential can be extended to relevant archives; Revocation unit
Files or documents that may be unsafe or seriously damaged due to poor storage conditions may be handed over to the relevant archives in advance.
Article 14 Since cultural relics, books and materials are also archives, archives can exchange copies, copies or catalogues with museums, libraries, memorial halls and other units, jointly hold exhibitions, edit and publish relevant historical materials or conduct historical materials research.
Fifteenth national archives at all levels shall take the following management measures for the archives they keep:
(a) to establish a scientific management system, and gradually realize the standardization of storage;
(two) the allocation of special warehouses suitable for the safe preservation of archives, equipped with necessary anti-theft, fire prevention, stain prevention and insect prevention facilities;
(three) according to the different levels of archives, take effective measures to protect and manage;
(four) according to the needs and possibilities, equipped with technical equipment to meet the needs of modern archives management.
Archives keeping of organs, organizations, enterprises, institutions and other organizations shall be handled with reference to the provisions of the preceding paragraph when necessary.
Article 16 The alteration and declassification of confidential files mentioned in Article 14 of the Archives Law shall be handled in accordance with the Law of People's Republic of China (PRC) on Guarding State Secrets and its implementation measures.
Article 17 Collectively-owned and individually-owned archives and other archives that are not owned by the state and are of preservation value to the state and society or should be kept confidential may be deposited, donated or sold to national archives at all levels. Selling, transferring or giving away to any unit or individual outside the national archives at all levels must be approved by the archives administration 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.
Eighteenth archives belong to the state, and no organization or individual may sell them.
State-owned enterprises and institutions need to transfer relevant files due to asset transfer, which shall be handled in accordance with relevant state regulations.
All kinds of archives and organs, organizations, enterprises, institutions and other organizations at all levels may, with the approval of the State Archives Bureau or the archives administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to their functions and powers, present, exchange and sell copies of archives to domestic and foreign units or individuals for the purpose of collecting and exchanging Chinese archives scattered abroad, conducting international cultural exchanges and meeting the needs of economic construction, scientific research and popularization of scientific and technological achievements.
Nineteenth national archives at all levels are strictly prohibited from leaving the country.
The secondary archives collected by the national archives at all levels need to leave the country and must be approved by the National Archives Bureau. The third-level archives collected by national archives at all levels, the archives owned by the state except the first, second and third-level archives collected by national archives at all levels, the archives owned by collectives and individuals, and other archives that are not owned by the state and are of preservation value to the state and society or should be kept confidential, and their duplicates need to be carried, transported or mailed out of the country by national archives at all levels. Organizations, enterprises, institutions and other organizations and individuals must be examined and approved by the archives administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Article 20 Archives kept by national archives at all levels shall be opened to the public by stages in accordance with the relevant provisions of the Archives Law, and a catalogue of open archives shall be published at the same time. Start time of file opening:
(a) the archives of People's Republic of China (PRC) before the establishment of People's Republic of China (PRC) (including the archives of the Qing Dynasty and before the Qing Dynasty; Archives of the Republic of China and revolutionary history archives), open to the public from the date of implementation of these measures;
(two) the archives formed since the founding of People's Republic of China (PRC) have been open to the public for thirty years since the date of formation;
(3) Economic, scientific and cultural archives can be opened to the public at any time.
The archives listed in the preceding paragraph involve national defense, diplomacy, public security, national security and other major national interests, as well as other archives that have been completed for 30 years since their formation, but the archives think that they are still not suitable for opening due, and may be postponed to the public with the approval of the archives administration department at the next higher level.
Twenty-first archives at all levels and types of archives should gradually replace the original with microfilm when providing archives to the society. Microforms and files in other reproduction forms, which are signed or sealed by the legal representative of the file collection unit, have the same effect as the original files.
Article 22 The use of archives mentioned in the Archives Law refers to the reading, copying and extracting of archives.
People's Republic of China (PRC) citizens and organizations with letters of introduction, work permits, identity cards and other legal documents can use the files that have been opened.
Foreigners or foreign organizations using archives that have been opened in China must be introduced by the relevant authorities in China and approved by the archives where the archives are kept.
State organs, public organizations, enterprises, institutions and other organizations, as well as citizens of China, shall obtain the consent of the archives where the archives are located and, if necessary, the consent of the relevant archives administration departments.
Archives kept by archives institutions of state organs, public organizations, enterprises, institutions and other organizations that have not been handed over to the archives, and other organs, public organizations, enterprises, institutions and citizens of China who need to use them, must be approved by the archives preservation unit.
All kinds of archives at all levels should create convenient conditions for the social use of archives. Files provided for social use can be charged according to regulations. The charging standard shall be formulated by the State Archives Bureau in conjunction with the price management department of the State Council.
Article 23 The term "disclosure of archives" as mentioned in Article 22 of the Archives Law refers to the first disclosure of all or part of the original documents of archives or the specific contents recorded in archives through the following forms:
(a) through newspapers, periodicals, books, audio-visual and electronic publications;
(two) broadcast through radio stations and television stations;
(three) spread through the public computer information network;
(4) reading and playing in public places;
(5) Publishing and distributing the full texts or excerpts of archival historical materials and materials;
(6) publicly selling, distributing or posting copies of archives;
(seven) exhibition, public display of archives or their copies.
Article 24 The publication of archives owned by the state shall be handled in accordance with the following provisions:
(a) kept in the archives, published by the archives; When necessary, it shall obtain the consent of the file forming unit or report to the superior competent department of the file forming unit for approval before publication;
(two) kept in the archives of each unit, announced by each unit; When necessary, it shall be reported to the higher authorities for approval before publication;
(3) Units and individuals that make use of archives owned by the state have no right to publish archives without the consent of the archives and archives storage units or the authorization or approval of the competent authorities listed in the preceding two paragraphs.
When archives owned by collectives, archives owned by individuals and other archives that are not owned by the state and are of preservation value to the state and society are released to the public, their owners shall abide by the relevant provisions of the state on confidentiality and shall not harm the interests of the state, society, collectives and other citizens.
Twenty-fifth national archives at all levels shall obtain the consent of the owner of the archives to publish and use the preserved archives.
Article 26 The use and publication of archives shall not violate the laws and regulations of the state on the protection of intellectual property rights. Twenty-seventh any of the following acts shall be ordered by the archives administration department of the people's government at or above the county level to make corrections within a time limit; If the circumstances are serious, the directly responsible person in charge or other directly responsible personnel shall be given administrative sanctions according to law:
(1) Taking as his own the documents and materials formed in official activities that should be filed, and refusing to hand them over to archival institutions and archivists for filing;
(2) refusing to hand over the archives to the National Archives in accordance with state regulations;
(three) in violation of state regulations, expanding or narrowing the scope of receiving files without authorization;
(4) Failing to open archives in accordance with state regulations;
(five) knowing that the preserved files are dangerous and not taking measures, resulting in the loss of files;
(six) the archives staff who have the leadership responsibility for archives work neglect their duties, resulting in the loss of archives.
Article 28 The amount of fines stipulated in the second and third paragraphs of Article 24 of the Archives Law shall be 6,543,800 yuan for the unit and 6,543,800 yuan for the individual according to the value and quantity of relevant archives.
Twenty-ninth in violation of the "Archives Law" and these measures, resulting in the loss of archives, the archives administration department of the people's government at or above the county level and the relevant competent departments shall, according to the value of the lost archives, order compensation for the losses. Thirtieth China People's Liberation Army archives work, according to the "Archives Law" and the principles of management.
Article 31 These Measures shall come into force as of the date of promulgation.