September 16, 2020 Wednesday

Ten highlights of the Implementation Regulations of the Archives Law of the People's Republic of China

Information source: Shenzhen Archives official website Release time: 2024-04-19
       On December 29, 2023, the 22nd Executive Meeting of The State Council adopted the "Regulations on the Implementation of the Archives Law of the People's Republic of China" (hereinafter referred to as the "Implementation Regulations"), which will come into force on March 1, 2024。The Implementing Regulations focus on the innovative development of archives in the new era, and on the basis of the newly revised Archives Law of the People's Republic of China (hereinafter referred to as the Archives Law), the Measures for the Implementation of the Archives Law of the People's Republic of China (hereinafter referred to as the "Implementing Measures") are comprehensively amended and renamed the Implementing Regulations.。  
       The highlight is the establishment of a new pattern of archives governance   
       On the basis of the Archives Law, the "Implementation Regulations" further clarified the new pattern of archives management "led by the Party Committee, supported by the government, the main responsibility of the department, and multi-party participation" through articles 3, 4, 7, 8, and 9。The Implementation Regulations require the full implementation of the Party's line, principles, policies and decision-making arrangements,Improve the Party leadership archives work system and mechanism,Carry out the Party's leadership in all aspects and links of archives work,To uphold and strengthen the Party's overall leadership;People's governments at or above the county level are required to establish and improve archival institutions,Provide long-term safe storage places and facilities for archives,The funds for the development of archival undertakings shall be included in the budgets of the corresponding levels,To provide basic guarantee for archival work;Government organs, organizations, enterprises, institutions and other organizations should perform the main responsibilities of archives work,To carry out archives work according to law;Relevant departments are required to strengthen the publicity and education of archives and the training of professional personnel,Encourage and support enterprises, public institutions, social organizations, individuals and other social forces to participate in and support the development of archives,It provides a comprehensive arrangement for the archival work。The archival governance pattern of "Party committee leadership, government support, department main responsibility, and multi-party participation" is a new archival governance pattern constructed with systematic thinking under the background of the reform of local archival institutions, and is an important goal and direction for establishing a scientific and perfect archival governance system。  
       Highlight 2 Adjust the requirements for file scope definition  
      Article 2 of the Archives Law stipulates the definition of archives "referred to in this Law" and clarifies the connotation of archives under the jurisdiction of this Law。It should be emphasized that the archives in the Archives Law only include the archives that are "of preservation value to the state and society", and do not cover all archives, so it is necessary to further define the extension of archives under the jurisdiction。Article 2 of the Implementing Regulations requires the definition of archives referred to in the Archives Law,The specific scope of archives shall be determined by the competent state archives department or the competent State archives department jointly with the relevant state departments,At the same time, the provincial archives department together with the relevant departments at the same level can determine the scope of archives that reflect local cultural customs, ethnic features, historical figures, and characteristic brands。It can be seen,The "Implementation Regulations" adjust the "Implementation Measures" in accordance with the ownership of the division of archives to define the practice of authority,Instead, the competent state archives department or the competent state archives department shall jointly define the scope of archives under various forms of ownership,At the same time, in the definition of the scope of local characteristic archives, the provincial archives department and the relevant departments at the same level are authorized,It fully embodies the characteristics of unity between general and special, unity and diversity。It is worth noting,The term "can" is used in the Implementation Regulations for provincial departments to determine the scope of local characteristic archives.,Although it is not required to obtain the consent of the national archives department as clearly required in the Implementation Measures,However, the specific implementation shall not violate the principles and basic requirements determined by the competent state archives department or the competent state archives department jointly with the relevant state departments。  
       Highlights three continue the classification of archives management provisions  
     Article 5 of the Regulations continues the requirements of the Measures for the Implementation on the classification of archives, and stipulates that the object of classification management is the permanent storage archives of the National Archives;The classification method is divided into one, two and three levels of management;The grading standards and measures shall be formulated by the competent state archives department。The "Implementation Regulations" (revised draft for comment) once tried to identify the classified management object as all "files with permanent preservation value".,Classification method "According to the formation of the archives, rare degree, content and source of the importance of key archives and general archives;Key archives are divided into first, second and third levels.",The basic standards for the classification of archives are stipulated,At the same time, the classification of archives is linked with the protection and development of national key archives。In the legislative process, due to the lack of necessary practical experience to support the above expression, the "Implementation Regulations" ultimately conservative continuation of the original provisions, and the relevant file classification is only connected with the 22nd grade protection and management, and the 27th file exit requirements。It needs to be stressed,Hierarchical management of archives is a prerequisite and an important method for fine management of archives,The ideal hierarchical management of archives should be in line with the work or business of policy fund support, archival preservation and protection, archival value appraisal, key archive protection and development, and archival document heritage,To provide more space for archival theory development and business promotion。The relevant ideas on the classification of archives in the revised draft for comment are worthy of study and reference when the national archives authorities formulate specific standards and management methods for classification。  
       Highlight 4: Reserve policy space for the development of archives  
       The work of archives is an important part of archives. The establishment and management of archives are related to the long-term development of archives and the scientific and effective management of national archives resources。Since the implementation of the Principles and Layout Plan for National Archives approved by The State Council in 1992, archives at all levels and of various types have been developed to varying degrees, and a national archives network covering different levels and types of archives has basically taken shape。With the development and progress of archives, problems such as unclear division of labor and positioning of archives, unreasonable allocation of resources, unequal rights, responsibilities and obligations, and lack of vitality and motivation for development have gradually become prominent, which need to be timely adjusted at the level of policies and regulations。The Implementing Regulations are no longer limited to the working requirements of the Implementing Measures for formulating and implementing the setting principles and layout plans of national archives,It is suggested that the establishment and management of archives at all levels and of various types should conform to the relevant provisions of the State,It is required that the establishment and management of archives should conform to the existing regulations on institutional establishment, development and reform, and urban construction,It should also comply with the relevant provisions to be established and improved in the future,For the next step, the establishment and management of archives shall be carried out in accordance with the principles of overall planning, classification, resource orientation and precise policies,The establishment of a national archives network system with a reasonable structure, clear division of labor, coordinated relations, scientific management and efficient service will leave sufficient space for policy development。
  Highlight Five: Strengthen the responsibility system for archival work  
      Article 18 of the Implementing Regulations puts forward three requirements for the establishment of a responsibility system for archival work by organs, organizations, enterprises, institutions and other organizations: First, to determine the organizational structure and division of responsibilities for archival work, that is, to determine the structure and division of responsibilities of related organizations for archival work within the organizational structure。For example, the "Regulations on Archives Management of Government agencies" requires government agencies to establish a coordination mechanism for archives work, determine archives departments of government agencies, form archives work networks, assume the organization and coordination of archives work of government agencies by role, unify centralized and specific management responsibilities, and form a more reasonable three-level organizational structure for archives work。The second is the implementation of archival work leadership responsibility, management responsibility, implementation responsibility。These are three responsibilities closely related to the organizational structure of archival work,The responsibility of leadership refers to the responsibility of the person in charge of the organization or the coordination mechanism of archives work to make decisions and coordinate major affairs and important matters of archives work;The management responsibility refers to the responsibility of the archives department to unify and centralize and promote the archives business.Executive responsibility is direct responsibility,It refers to the specific work responsibilities of the relevant departments and personnel of the organization for the collection, sorting, archiving and archive management of documents and materials。The third is to improve the relevant system of the main person in charge of the unit to assume the responsibilities of the first person responsible for the integrity of the archives and security,The principal person in charge is required to personally deploy important work involving the integrity and security of archives, personally ask about major issues, personally coordinate key links, and personally supervise important tasks,Below the above rate,Establish a responsibility system for archival work in which each performs its own duties, each does its best and each assumes its own responsibilities。  
       Highlight six to strengthen the control of state-owned archive resources  
     Article 5 of the Property Law of the People's Republic of China stipulates that "the types and contents of property rights shall be prescribed by law."。According to the principle of legal property,As an administrative regulation, the Implementing Regulations cannot directly stipulate the ownership of archives,Therefore, in Article 25, the scope of all state archives is listed from the perspective of catalog collection: (1) the archives formed by organs, mass organizations, state-owned enterprises and institutions;(2) Units other than those listed in paragraph 1,Archives that have been authorized by laws and regulations or entrusted by state organs to manage public affairs;(3) Units or individuals other than those listed in Item 1,Supported by state funds,Archives formed by engaging in or participating in construction projects, scientific research, technological innovation and other activities and belonging to the State in accordance with the agreement;(4) Archives other than those in the preceding three items under the custody of the State Archives。The Implementation Regulations attach great importance to the construction and management of state-owned archive resources,Article 19, Article 20, Article 21 and Article 25 strengthen the control of state-owned archive resources from the four aspects of archiving, transfer, collection and supervision respectively,Among them, the archiving work is mainly based on the formulation and review of the scope of archiving and the duration of archiving,In practice, it can be combined with the implementation of the "three-in-one" system;The transfer work emphasizes that the organs, organizations, enterprises, institutions and other organizations that have the obligation to transfer the archives should be transferred to the relevant state archives in accordance with the provisions;The collection work emphasizes that archives, including national archives, can collect archives by accepting donations, purchasing, depositing, exchanging, etc,The state encourages units and individuals to donate archives that belong to them and are of important preservation value to the state and society to the State archives;The supervision work mainly stipulates that archives departments at or above the county level collect relevant catalog data through classification to achieve supervision and management of state-owned archives。  
       Highlight 7 Improve the archives opening review mechanism  
       The opening of archives is an important way for archives to fulfill their legal obligations and exert their value effectively, and the examination of the opening of archives is the core link of the opening of archives。Article 30 of the Archives Law defines the subject of examination and approval for the opening of archives,On the basis of Article 30 of the Implementing Regulations, the working mechanism of archives opening review is improved,National archives, archives formation units or custody units, archives departments are required to fulfill their responsibilities and cooperate closely,Forming joint efforts: First, the National archives should establish a collaborative mechanism for the opening and review of archives,Review the opening of archives jointly with the filing unit or the transfer unit。Second, the archival formation unit or custodian unit is responsible for the opening review of the archives that have not yet been transferred to the library, and when the transfer is attached to the expiration of the opening opinions, the disclosure of government information, the change of the secret level, etc。Third, the archives authorities at or above the county level should strengthen the overall coordination of the archives opening review work。It should be noted that when the archives formation unit or custodian unit carries out the open review of the archives that have not been transferred to the library, it is necessary to establish a connection mechanism for the open review of the archives that have not been transferred to the library, and organically link the open review of the organs and units with the open review of the archives in the collection, so as to avoid repeated audits and invalid audits。In the long run, it is necessary to actively study the working mode of the integration of the opening and review of the archives that have not been entered into the library and the archives in the collection, explore the establishment of a national integrated planning, left and right communication, and upper and lower linkage of the archives opening work system, support a higher level of opening and review work, and constantly improve the level of archives opening。  
       Highlights eight to complete the archives security management shortcomings  
       File security is the red line and bottom line of archive work, the "Implementation Regulations" combined with the file security problems or hidden dangers in recent years in the emergency response, library equipment equipment and use, archive outsourcing services, etc., respectively made targeted provisions to make up for the shortcomings of archive security management。Article 22 and 23 of the Implementing Regulations require the establishment of a sound scientific management system and standards for access and utilization,Formulate targeted security risk control measures and emergency plans,To prevent natural disasters, accidents and other emergencies from affecting the safety of archives;It is required to configure a special warehouse suitable for the safe storage of archives and in accordance with the relevant provisions of the State,It is equipped with necessary facilities and equipment such as fire prevention, anti-theft, waterproof, light-proof, dust-proof, anti-harmful gas, anti-harmful organisms and temperature and humidity control,It also stipulates that no unit or individual may seize or misappropriate the premises of the National Archives,The functions and purposes of the National Archives premises shall not be altered without authorization,Ensure the safe storage environment of archives。Article 28 of the Implementing Regulations lists the basic conditions that archival service enterprises should have, and requires that the entrusting party should guide and supervise the service of the entrusted party throughout the process to ensure the safety of archives and the quality of service。Of course, in addition to the above requirements for outsourcing services, in practice, the scope of outsourcing services should be strictly limited, norms and standards of outsourcing services should be constantly improved, and effective supervision mechanisms should be explored to effectively avoid risks of archive outsourcing services。  
       Highlight 9 Defines the digital records management framework  
     The Chapter of Archival Information Construction and Article 32 of the Implementation Regulations systematically stipulate the requirements for the management of electronic archives and the digitization of traditional carrier archives,The whole idea of digital file management is put forward,That is, standardize the management of electronic archives, strengthen the digitization of archives, carry out the construction of digital archives (rooms), and strengthen the sharing and utilization of digital resources。Electronic records management focuses on four aspects: First, strengthen the construction of information systems, require active promotion of electronic records management information system construction, strengthen the office automation system, business system archiving function construction and electronic records management information system interface。The second is to promote the standardized management of electronic archives, requiring management measures and technical means to ensure that the source of electronic archives is reliable, procedures are standardized, and elements are compliant。The third is to ensure the safety of electronic long-term preservation, requiring the adoption of management measures and technical means to ensure the authenticity, integrity, availability and security of electronic archives in the long-term preservation process。The fourth is to implement the remote backup and storage of important electronic files, build a disaster backup system according to needs, and realize the backup and disaster recovery of important electronic files and their management system。The main body of the implementation of these four requirements has some emphasis, but the specific implementation of organs, organizations, enterprises, institutions and other organizations and archives should be taken into account and considered together。The digitization of traditional carrier archives focuses on two aspects: First, it is clear that digital, microform and other forms of reproduction of archives, containing the signature of the archives custodian unit, have the same effect as the original archives。The second is to encourage qualified units to carry out text, speech and image recognition work, and strengthen the depth of archival resources mining and development and utilization。In addition, the Implementation Regulations also clearly propose to promote the construction of digital archives and digital archives rooms, promote the cross-regional, cross-level, cross-departmental sharing and utilization of national archives digital resources, and expand the development space for digital archives management and clarify the direction of efforts。  
       Highlight 10 to achieve supervision and inspection system innovation  

       Archival supervision and inspection plays a core role in the implementation of archival policies and laws and regulations, and is the key link of archival administration。The "Implementation Regulations" clarified the administrative inspection attributes of archives supervision and inspection, determined the content of supervision and inspection authority, improved the implementation path of supervision and inspection, and realized the innovation of archives supervision and inspection system。Article 11 of the Implementing Regulations emphasizes that archival supervision and inspection is carried out by the "national archival authorities in accordance with the implementation of relevant laws, administrative regulations, departmental rules and relevant national guidelines and policies", and clarifies the administrative inspection attributes of archival supervision and inspection。Article 46 of the Implementing Regulations specifies the investigation power, processing power and suggestion power of the archives department in the supervision and inspection of archives, which, together with the inspection power already specified in Article 43 of the Archives Law, constitutes a complete scope of authority for the supervision and inspection of archives。In order to ensure the implementation effect of supervision and inspection, the Implementation Regulations specifically stipulate the regular information reporting system and the requirements for the construction of law enforcement teams, and further improve the implementation path of supervision and inspection from the aspects of optimizing work procedures and strengthening law enforcement forces。It should be noted that Article 47 of the Archives Law puts forward principles for the supervision and inspection procedures, but the Implementation Regulations do not make specific provisions for the procedures, and the archives department can carry out supervision and inspection with reference to the working Measures for Archives Inspection and the administrative inspection standards that have been promulgated and implemented。综上,The Implementing Regulations are based on the Archives Law,Summarizes years of archival work experience,Effectively link archives laws with archives regulations, normative documents and standards,New ideas, new goals and new requirements for archival work are put forward,It is an important archival law that links the past and the future,It is necessary to study carefully and carry out in depth,We will take archival work to a new level。


      Source: China Archives, No. 3, 2024
      Author: Ding Desheng
      Author's institution: National Archives Administration
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