People's Republic of China (PRC) Archives Law (Amendment)

(1adopted at the 22nd meeting of the Standing Committee of the 6th NPC on September 5th, 997,

According to the 20th meeting of the NPC Standing Committee of the Eighth National People's Congress on July 5th 1996

Decision on Amending the Archives Law of People's Republic of China (PRC) (Amendment)

catalogue

Chapter I General Principles

Chapter II Archives Institutions and Their Duties

Chapter III Archives Management

Chapter IV Utilization and Publication of Archives

Chapter V Legal Liability

Chapter I General Principles

Article 1 This Law is formulated with a view to strengthening the management, collection and arrangement of archives, effectively protecting and utilizing archives and serving socialist modernization.

Article 2 The term "archives" as mentioned in this Law refers to various forms of historical records which are directly formed by past and present state organs, social organizations and individuals engaged in political, military, economic, scientific, technological, cultural and religious activities and are of preservation value to the state and society.

Article 3 All state organs, armed forces, political parties, social organizations, enterprises, institutions and citizens have the obligation to protect archives.

Article 4 People's governments at all levels should strengthen their leadership over archival work and incorporate the construction of archival undertaking into the national economic and social development plan.

Article 5 Archives work shall follow the principle of unified leadership and hierarchical management, so as to maintain the integrity and safety of archives and facilitate the use of all sectors of society.

Chapter II Archives Institutions and Their Duties

Article 6 The national archives administration department is in charge of the national archives undertaking, and implements overall planning, organization and coordination, unified system, supervision and guidance for the national archives undertaking.

The archives administration department of the local people's governments at or above the county level shall be in charge of the archival undertaking within their respective administrative areas, and supervise and guide the archival work of organs, groups, enterprises, institutions and other organizations within their respective administrative areas.

The people's governments of townships, nationality townships and towns shall designate personnel to be responsible for keeping the archives of their own organs, and supervise and guide the archives work of their subordinate units.

Article 7 Archivists of state organs, public organizations, enterprises, institutions and other organizations shall be responsible for keeping the archives of their own units and supervising and guiding the archival work of their subordinate institutions.

Article 8 The central and local archives at or above the county level are cultural institutions that centrally manage archives, and are responsible for receiving, collecting, sorting out, keeping and providing archives within their respective functions and duties.

Article 9 Archivists should be loyal to their duties, observe discipline and have professional knowledge. Units or individuals that have made remarkable achievements in the collection, collation, protection and utilization of archives shall be rewarded by the people's governments at all levels.

Chapter III Archives Management

Article 10 Materials that should be filed according to the provisions of the state must be regularly handed over to the archival institutions or archivists of their own units for centralized management, and no individual may keep them for himself. Materials that are not allowed to be filed according to state regulations are prohibited from being filed without authorization.

Eleventh organs, organizations, enterprises, institutions and other organizations must, in accordance with state regulations, regularly hand over files to the archives.

Twelfth museums, libraries, memorial halls and other units in the preservation of cultural relics, books and materials at the same time, in accordance with the provisions of laws and administrative regulations, by the above-mentioned units themselves. The archives and the above-mentioned units shall cooperate with each other in the utilization of archives.

Thirteenth archives, organs, organizations, enterprises, institutions and other organizations at all levels should establish a scientific management system to facilitate the use of archives; Configure necessary facilities to ensure the safety of archives; Adopt advanced technology to realize the modernization of archives management.

Article 14 The management and utilization of confidential files, the change and declassification of classified files must be handled in accordance with the provisions of relevant state laws and administrative regulations on confidentiality. Article 15 The appraisal principle of the preservation value of archives, the standard of the preservation period and the procedures and methods for destroying archives shall be formulated by the national archives administration department. Unauthorized destruction of documents is prohibited.

Sixteenth archives owned by collectives and individuals that are of preservation value to the state and society or should be kept confidential shall be properly kept by the archives owners. The national archives administration department has the right to take measures to ensure the integrity and safety of the archives, such as keeping them on its behalf, and if the storage conditions are bad or other reasons are considered to lead to serious damage and insecurity of the archives; It can be purchased or requisitioned when necessary.

The files listed in the preceding paragraph may be deposited or sold by the file owner to the National Archives; Selling to any unit or individual outside the national archives shall be approved by the archives administration department of the people's government at or above the county level in accordance with relevant regulations. It is strictly forbidden to resell for profit, sell or give it to foreigners. Donating archives to the state, the archives shall be rewarded.

Article 17 It is forbidden to sell state-owned archives.

When the assets of state-owned enterprises and institutions are transferred, the specific measures for the transfer of relevant files shall be formulated by the state archives administration department.

The exchange, transfer and sale of copies of archives shall be handled in accordance with state regulations.

Article 18 It is forbidden to copy state-owned archives and archives specified in Article 16 of this Law.

Don't take it abroad without permission.

Chapter IV Utilization and Publication of Archives

Nineteenth archives kept by the National Archives shall generally be open to the public for 30 years from the date of formation. The period for opening economic, scientific, technological and cultural archives to the public can be less than 30 years, which involves national security or is of great significance.

Interests and other files that are not suitable for opening to the public can be opened to the public for more than 30 years, and the specific period is determined by the National Archives.

The competent department shall formulate a plan and report it to the State Council for approval and implementation.

Archives should regularly publish the catalogue of open archives, and create conditions for the use of archives, simplify procedures and provide convenience.

People's Republic of China (PRC) citizens and organizations have legal documents and can use the files that have been opened.

Article 20 State organs, public organizations, enterprises, institutions and other organizations, as well as citizens, may, according to the needs of economic construction, national defense construction, teaching and scientific research, and in accordance with regulations, make use of unopened archives kept by archives and relevant organs, public organizations, enterprises, institutions and other organizations. Measures for the utilization of unopened archives shall be formulated by the national archives administration department and relevant competent departments.

Twenty-first units and individuals who hand over, donate or deposit archives to the archives have the right to give priority to the use of their archives, and may put forward opinions on restricting the use of the parts of their archives that are not suitable for opening, and the archives shall safeguard their legitimate rights and interests.

Twenty-second archives owned by the state shall be published by the archives authorized by the state or the relevant authorities; Without the consent of the archives or relevant authorities, any organization or individual has no right to publish it. All archives and archives owned by individuals have the right to publish, but they must abide by the relevant provisions of the state and shall not harm national security and interests or infringe upon the legitimate rights and interests of others.

Twenty-third archives at all levels should be equipped with researchers, strengthen the research and collation of archives, organize the editing and publication of archival materials in a planned way, and distribute them in different areas.

Chapter V Legal Liability

Twenty-fourth any of the following acts, the archives administration department of the people's government at or above the county level and the relevant competent departments shall give administrative sanctions to the directly responsible person in charge or other directly responsible personnel; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Damaging or losing state-owned archives;

(2) Providing, transcribing, publishing or destroying archives owned by the state without authorization;

(3) Altering or forging archives;

(4) Selling or transferring archives without authorization in violation of the provisions of Articles 16 and 17 of this Law;

(five) reselling files for profit or selling or giving files to foreigners;

(6) Failing to file or hand over files on schedule in violation of the provisions of Articles 10 and 11 of this Law;

(seven) knowing that the preserved archives are dangerous and not taking measures, resulting in the loss of archives;

(eight) the archives staff dereliction of duty, resulting in the loss of archives. The archives administration department of the people's government at or above the county level shall give a warning and impose a fine if there are any illegal acts in the first, second and third items of the preceding paragraph in the use of archives; If losses are caused, it shall be ordered to compensate for the losses. If an enterprise, institution or individual commits an illegal act in Item 4 or Item 5 of the first paragraph, the archives administration department of the people's government at or above the county level shall give it a warning and may concurrently impose a fine; Illegal income, confiscate the illegal income; And in accordance with the provisions of this law

Article 16 Provisions on the purchase, sale or donation of documents.

Article 25. Those who leave the country with files or copies of files prohibited from leaving the country shall be confiscated by the customs and may be concurrently punished.

Paragraph; And hand over the confiscated files or their duplicates to the archives administration department; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Article 26 Measures for the implementation of this Law shall be formulated by the national archives administration department and shall come into force after being submitted to the State Council for approval.

Article 27 This Law shall come into force on June 5438+0988 65438+ 10/day, 2005.

Attachment: Decision of NPC Standing Committee on Amending the Archives Law of People's Republic of China (PRC)

(1adopted at the 20th meeting of the Eighth NPC Standing Committee on July 5, 996.

1Promulgated by Decree No.71of the President of the People's Republic of China on July 5, 1996, and effective as of the date of promulgation)

The 20th meeting of the NPC Standing Committee of the Eighth National People's Congress has decided to make the following amendments to the Archives Law of People's Republic of China (PRC):

1. Paragraph 2 of Article 16 is amended as: "The archives listed in the preceding paragraph may be deposited or sold by the archives owner in the National Archives; Selling to any unit or individual outside the national archives shall be approved by the archives administration department of the people's government at or above the county level in accordance with relevant regulations. It is strictly forbidden to resell for profit, and it is strictly forbidden to sell or give it to foreigners. "

Two, seventeenth increase as the second paragraph: "assets of state-owned enterprises and institutions.

The specific measures for the transfer of relevant archives shall be formulated by the national archives administration department. "

Three. Paragraph 2 of Article 19 is amended as: "Archives shall regularly publish open archives.

Directory, and create conditions for the use of archives, simplify procedures and provide convenience. "

Article 24 is amended as: "In case of any of the following acts, the archives administration department of the people's government at or above the county level and the relevant competent departments shall give administrative sanctions to the directly responsible person in charge or other directly responsible personnel according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Damaging or losing state-owned archives;

(2) Providing, transcribing, publishing or destroying archives owned by the state without authorization;

(3) Altering or forging archives;

(4) Selling or transferring archives without authorization in violation of the provisions of Articles 16 and 17 of this Law;

(five) reselling files for profit or selling or giving files to foreigners;

(6) Failing to file or hand over files on schedule in violation of the provisions of Articles 10 and 11 of this Law;

(seven) knowing that the preserved archives are dangerous and not taking measures, resulting in the loss of archives;

(eight) the archives staff dereliction of duty, resulting in the loss of archives.

"In the use of archives, there are the first, second and third illegal acts mentioned in the preceding paragraph, which shall be given a warning by the archives administration department of the people's government at or above the county level and may be fined; If losses are caused, it shall be ordered to compensate for the losses.

"If an enterprise, institution or individual commits an illegal act in Item 4 or Item 5 of the first paragraph, it shall be given a warning by the archives administration department of the people's government at or above the county level and may be fined; Illegal income, confiscate the illegal income; And may purchase archives sold or donated in accordance with the provisions of Article 16 of this Law. "

5. One article is added as Article 25: "Those who leave the country with files prohibited from leaving the country or copies thereof shall be confiscated by the customs and may also be fined; And hand over the confiscated files or their duplicates to the archives administration department; If it constitutes a crime, criminal responsibility shall be investigated according to law. "

This decision shall come into force as of the date of promulgation.

The "Archives Law of People's Republic of China (PRC)" shall be revised according to this decision and re-promulgated.