2020年9月16日 星期三
当前位置: 365备用网站 > 相关专题 > 档案宣传

中华人民共和国档案法实施办法

Source: National Archives Administration of the People's Republic of China 发布时间:2021-08-04

  (1990年10月24日国务院批准 1990年11月19日国家档案局令第1号发布 1999年5月5日国务院批准修订 1999年6月7日国家档案局令第5号重新发布 根据2017年3月1日国务院令第676号《365备用网站》修正)

  第一章 总 则

  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 Archives that are of preservation value to the state and society as mentioned in Article 2 of the Archives Law,属于国家所有的,The specific scope shall be determined by the National Archives Administration in conjunction with the relevant state departments;Those owned by collectives, individuals and others not owned by the State,The archives administration department of the people's government of a province, autonomous region or municipality directly under the Central Government shall determine the specific scope after obtaining the consent of the State Archives Administration。

  Article 3 The archives in permanent custody of the national archives at all levels shall be administered at one, two and three levels, and the specific standards and management measures for the classification shall be formulated by the State Archives Administration。

  Article 4 All departments under The State Council may, with the consent of the National Archives Administration, and departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, with the consent of the archives administration departments of the people's governments at the corresponding levels, formulate specific management systems and measures for specialized archives of their own systems。

  Article 5 People's governments at or above the county level shall strengthen their leadership over archival work, include the construction of archival undertakings in their national economic and social development plans, establish and improve archival institutions, determine the necessary staffing and make overall arrangements for the funds required for the development of archival undertakings。

  State organs, organizations, enterprises, institutions and other organizations shall strengthen the leadership of the archives work of their own units and ensure that the archives work is carried out according to law。

  Article 6 People's governments, archives administrative departments or their own units shall give awards for any of the following deeds:

  (1) Having made remarkable achievements in the collection, sorting, provision and utilization of archives;

  (2) Having made remarkable achievements in the protection and modern management of archives;

  (3) Those who have made important contributions to archives research;

  (4) donating important or precious archives to the State;

  (5) Outstanding performance in fighting against violations of archives laws and regulations。

  第二章 档案机构及其职责

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

  (1) To study and formulate rules and regulations and specific guidelines and policies for archives work in accordance with relevant laws, administrative regulations and policies of the State;

  (2) To organize and coordinate the development of archives undertakings throughout the country, formulate comprehensive plans and special plans for the development of archives undertakings, and organize their implementation;

  (3) To supervise and inspect the implementation of relevant laws, regulations and relevant national guidelines and policies, and investigate and punish illegal acts of archives according to law;

  (4) Archival work for all departments of the Central and state organs, enterprises and institutions directly under The State Council and national social organizations that are not subject to registration according to relevant state regulations,中央级国家档案馆的工作,And the work of archives administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government,实施监督、指导;

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

  (6) To organize and carry out international exchange activities for archival work。

  Article 8 The archives administration departments of the local people's governments 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:

  (1) To carry out relevant laws, regulations and state guidelines and policies;

  (2) To formulate plans for the development of archives undertakings and rules and regulations for archives work within their respective administrative areas, and organize their implementation;

  (3) To supervise and guide the archives work within their respective administrative areas, and to investigate and punish illegal acts of archives according to law;

  (4) To organize and guide research on archival theory and science and technology, archival publicity and archival education, and training of archival staff within its administrative area。

  Article 9 Archives institutions of state organs, public organizations, enterprises, institutions and other organizations shall perform the following functions in accordance with Article 7 of the Archives Law:

  (1) To carry out the relevant laws and regulations and the relevant guidelines and policies of the state, and establish and improve the rules and regulations for the archives work of the unit;

  (2) To guide the formation, accumulation and archiving of documents and materials of the unit;

  (3) to manage the archives of the unit in a unified manner and transfer the archives to the relevant archives in accordance with relevant regulations;

  (4) To supervise and guide the archival work of the subordinate organizations。

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

  (1) To collect and receive archives that are of preservation value to the state and society within the custody of the Museum;

  (2) to sort out and keep the archives in strict accordance with the provisions;

  (3) Develop archival resources in various forms to provide services for the utilization of archival resources by the society。

  Other archives of various types established with approval in accordance with relevant state regulations may, when necessary, undertake the tasks specified in the preceding paragraph。

  Article 11 The principles for the establishment and layout plan of national archives shall be formulated by the State Archives Administration and submitted to The State Council for approval before implementation。

  第三章 档案的管理

  Article 12 In accordance with the provisions of the State Archives Administration on the archiving of documents and materials, the materials that should be filed for archiving shall be fully collected by the documents or business organs of the unit, sorted out and filed, and handed over regularly to the archival organs of the unit or archives staff for centralized management;No one may take possession of it or refuse to file it。

  Article 13 State organs, public organizations, enterprises, institutions and other organizations shall regularly transfer archives to the relevant State archives in accordance with the provisions of the State Archives Administration on the transfer of archives。

  Archives that belong to the national archives at the central level, at the provincial level and at the city level divided into districts,The filing unit shall transfer the archives to the relevant state archives at the expiration of 20 years from the date of their formation;Archives belonging to the state archives at the county level,The filing unit shall transfer the archives to the relevant county-level state archives within 10 years from the date of their formation。

  With the examination and consent of the archives administration department at the same level, the time limit for the transfer of the archives to the relevant archives may be extended if the archives are highly professional or need to be kept confidential;Archives of units that have been abolished or archives that may be unsafe or seriously damaged due to poor storage conditions may be transferred to the relevant archives in advance。

  Article 14 Where cultural relics, books and materials are also archives, archives archives may exchange duplicates, copies or catalogues with museums, libraries, memorial halls and other units, jointly organize exhibitions, and jointly edit and publish relevant historical materials or conduct research on historical materials。

  Article 15 State archives at all levels shall take the following measures for the management of archives in their custody:

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

  (2) A special warehouse suitable for the safe preservation of archives shall be equipped with the necessary facilities for theft prevention, fire prevention, stain prevention and pest prevention;

  (3) Taking effective measures to protect and manage archives according to their different grades;

  (4) As necessary and possible, it shall be equipped with technical equipment that meets the needs of modern archives management。

  The archives of state organs, organizations, enterprises, institutions and other organizations shall be kept in accordance with the needs and with reference to the provisions of the preceding paragraph。

  Article 16 The change and declassification of the secret level of confidential archives as mentioned 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 Guarding State Secrets and the measures for its implementation。

  Article 17 Archives owned by the State may not be sold by any organization or individual。

  Where a state-owned enterprise or institution needs to transfer relevant archives due to the transfer of assets, it shall be handled in accordance with the relevant provisions of the State。

  Archives at all levels and of various types, as well as state organs, organizations, enterprises, institutions and other organizations, are in order to collect and exchange Chinese archives that have been lost abroad and to carry out international cultural exchanges,And to meet the needs of economic construction, scientific research and the popularization of scientific and technological achievements,It shall be examined and approved by the State Archives Administration or the archives administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government in accordance with its functions and powers,Copies of archives may be given, exchanged or sold to units or individuals at home and abroad。

  Article 18 First-class archives in State archives at all levels are strictly prohibited from leaving the country。

  Where secondary archives in the collections of State archives at various levels need to leave the country, they must be examined and approved by the State Archives Administration。The third-level archives in the collections of state archives at all levels, the first-level, second-level and third-level archives in the collections of State archives at all levels other than those in the collections of State archives at all levels, the archives owned by collectives, individuals and other archives not owned by the State that are of preservation value to the State and society or that should be kept secret, and their copies,State archives at all levels and state organs, organizations, enterprises, institutions, other organizations and individuals need to carry, transport or post out of the country,It must be examined and approved by the archives administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government,海关凭批准文件查验放行。

  第四章 档案的利用和公布

  Article 19 Archives kept by state archives at all levels shall be opened to the public in stages and batches in accordance with the relevant provisions of the Archives Law, and the catalogue of open archives shall be published at the same time。档案开放的起始时间:

  (1) Archives before the founding of the People's Republic of China (including those in the Qing Dynasty and before the Qing Dynasty;The archives of the Republic of China and the archives of revolutionary history) shall be open to the public from the date of implementation of these Measures;

  (2) Archives formed since the founding of the People's Republic of China shall be open to the public for 30 years from the date of formation;

  (3) Economic, scientific, technological, cultural and other archives may be opened to the public at any time。

  The archives listed in the preceding paragraph involve the major interests of the state such as national defense, foreign affairs, public security, and national security, as well as other archives that the archives archives believe are not suitable for opening at the expiration of 30 years from the date of formation, and may be extended to open to the public with the approval of the archives administration department at the next higher level。

  Article 20 Archives at all levels and of all types shall gradually replace originals with microforms for public use of archives。Archival microforms and other forms of reproduction of archives containing the signature or seal of the legal representative of the archival collection unit shall have the same effect as the original archives。

  Article 21 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 letters of introduction, work permits, identity cards and other legal certificates may make use of the archives that have been opened。

  The use of archives opened in China by foreigners or foreign organizations shall be subject to the introduction by the competent authorities of China concerned and the consent of the archives keeping the archives。

  The use by state organs, public organizations, enterprises, institutions and other organizations, as well as Chinese citizens of unopened archives kept in archives shall be subject to the consent of the archives keeping the archives and, if necessary, the examination and approval of the relevant archives administration department。

  The archives kept by the archival institutions of state organs, public organizations, enterprises, institutions and other organizations that have not been transferred to the archives shall be used by other state organs, public organizations, enterprises, institutions and organizations as well as Chinese citizens, and the consent of the archival preservation units shall be obtained。

  Archives at all levels and of all types shall create convenient conditions for the use of archives by the society。A fee may be charged according to regulations for providing archives for social use。The charging standards shall be formulated by the National Archives Administration in conjunction with the price administrative department under The State Council。

  Article 22 The publication of archives as mentioned in Article 22 of the Archives Law means the first public disclosure of all or part of the original texts of archives to the public, or the specific contents recorded in archives, through the following forms:

  (1) Publication through newspapers, journals, books, audio-visual, electronic and other publications;

  (二)通过电台、电视台播放;

  (3) Dissemination through public computer information networks;

  (四)在公开场合宣读、播放;

  (5) Publishing and distributing compilation of the full text or extracts of archival historical materials and materials;

  (6) publicly selling, distributing or Posting copies of archives;

  (7) exhibition or public display of archives or copies thereof。

  Article 23 The publication of archives owned by the State shall be handled in accordance with the following provisions:

  (1) those stored in the archives shall be published by the archives;When necessary, it shall be published after obtaining the consent of the unit that forms the archives or reporting to the competent authority at a higher level of the unit that forms the archives;

  (2) If it is stored in the archives of each unit, it shall be published by the unit;If necessary, it shall be reported to the competent authority at a higher level and made public after approval;

  (3) No entity or individual making use of the archives owned by the State shall have the right to publish the archives without the consent of the archives archives or the archives preservation unit or the authorization or approval of the competent authorities listed in the preceding two items。

  When releasing to the public archives that are owned by collectives, individuals or other non-state entities and are of preservation value to the State and society, the owners shall abide by the relevant provisions of the State on confidentiality and shall not harm the interests of the State, society, collectives or other citizens。

  Article 24 State archives at all levels shall obtain the consent of the owners of the archives for the publication and use of the stored archives。

  Article 25 The use or publication of archives shall not violate the provisions of the State law on the protection of intellectual property rights。

  第五章 罚 则

  Article 26 Whoever commits 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 person directly in charge or other person directly responsible shall be given administrative sanctions according to law:

  (1) taking documents and materials formed in official activities that should be archived as their own, refusing to submit them to archival institutions or archival staff for archiving;

  (2) refusing to transfer archives to the State archives in accordance with State regulations;

  (3) Arbitrarily expanding or narrowing the scope of receiving archives in violation of State regulations;

  (4) failing to open archives in accordance with State regulations;

  (5) failing to take measures while knowing that the archives kept are facing danger, resulting in the loss of archives;

  (6) Archival staff or personnel who have leadership responsibility for archival work neglect their duties, resulting in the loss of archives。

  Article 27 The amount of fine provided for in the second and third paragraphs of Article 24 of the Archives Law shall, according to the value and quantity of the relevant archives, be between 10,000 yuan and 100,000 yuan for units and between 500 yuan and 5,000 yuan for individuals。

  Article 28 Where a person violates the Archives Law and these Measures and causes losses to archives, the archives administration department of the people's government at or above the county level and the relevant competent department shall order him to compensate for the losses according to the value of the lost archives。

  第六章 附 则

  Article 29 The archives work of the Chinese People's Liberation Army shall be managed in accordance with the principles specified in the Archives Law and these Measures。

  Article 30 These Measures shall go into effect as of the date of promulgation。

  原文链接:http://www.saac.gov.cn/daj/xzfg/199906/dbbaa89751f8473ea5e6d4f51576a0ce.shtml

附件: