中华人民共和国档案法（修正） ARCHIVES LAW OF THE PEOPLES REPUBLIC OF CHINA

hat are not yet open to the public shall be laid down by the state administrative authority for archives or by the competent departments.

　　Article 21 Units or individuals that have transferred or donated archives to archives centres or deposited archives with them shall have priority in the use of such archives and may propose restrictions on the use of parts of the archives that are not suitable for accessibility to the public， and the archives centres shall protect the lawful rights and interests of such units or individuals.

　　Article 22 State-owned archives shall be made public by archives centres or state organs authorized by the state； no organization or individual shall have the right to make public such archives without permission from such archives centres or state organs.

　　With respect to collectively-owned and individually-owned archives， the owners shall have the right to make them public but they must abide by the relevant state provisions， and may not endanger the security and interests of the state or violate the lawful rights and interests of others.

　　Article 23 Archives centres of all types and at all levels shall have research personnel to improve research in arrangement of archives， and compile and publish archives in a planned way for distribution within various circles.

　　Chapter V Legal Responsibility

　　Article 24 In the event of any of the following acts， the administrative authorities for archives under the people's governments at or above the county level and the competent department shall impose disciplinary sanctions upon the person in charge directly responsible or other persons directly responsible； and he who commits an act which constitutes a crime shall be investigated for criminal responsibility according to law：

　　（1） damaging or losing state-owned archives；

　　（2） supplying， copying， making public or destroying state-owned archives without authorization；

　　（3） altering or forging archives；

　　（4） in violation of the provisions of Article 16 or 17 of this Law， selling or transferring archives without authorization；

　　（5） reselling archives for profit， or selling archives or presenting them as gifts to foreigners；

　　（6） in violation of the provisions of Article 10 or 11 of this Law， failing to file archives according to provisions， or failing to hand over archives on schedule；

　　（7） taking no measures while fully aware of archives preserved being in danger， thus causing losses to the archives； or

　　（8） causing losses to archives as a result of neglect of duty on the part of archivists.

　　If anyone who uses archives of archives centres commits any of the unlawful acts prescribed in item 1， 2 or 3 of the preceding paragraph， the administrative authorities for archives of the people's governments at or above the county level shall give him a warning and may concurrently impose a fine； and he who causes losses shall be ordered to compensate for them.

　　If an enterprise， institution or individual commits any of the unlawful acts prescribed in item 4 or 5 of the first paragraph， the administrative authorities for archives of the people's governments at or above the county level shall give the violator a warning and may concurrently impose a fine； the unlawful gains， if any， shall be confiscated； and archives sold and presented as gifts may be requisitioned by purchase in accordance with the provisions of Article 16 of this Law.

　　Article 25 If anyone carries or transports out of the country archives or their duplicates that are forbidden to be taken out of the country， the Customs shall confiscate them and may concurrently impose a fine； archives or their duplicates confiscated shall be handed over to the administrative authorities for archives； and he who commits an act which constitutes a crime shall be investigated for criminal responsibility according to law.

　　Chapter VI Supplementary Provisions

　　Article 26 Measures for the implementation of this Law shall be formulated by the state administrative authority for archives and shall enter into force after being submitted to and approved by the State Council.

　　Article 27 This Law shall come into force as of January 1， 1988.

　　DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON AMENDING THE ARCHIVES LAW OF THE PEOPLE'S REPUBLIC OF CHINA

　　（Adopted at the 20th Meeting of the Standing Committee of the Eighth National People's Congress and promulgated by Order No. 71 of the President Of the People's Republic of China on July 5， 1996）

　　The Decision

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

　　1. The second paragraph of Article 16 is amended as： “Owners of the archives prescribed in the preceding paragraph may deposit them with or sell them to state archives centres. If they sell them to any other unit or individual than state archives centres， such a sale shall be subject to the approval of the administrative authorities for archives under the people's governments at or above the county level in accordance with the relevant provisions. It shall be strictly forbidden to resell such archives for profit， or sell them or present them as gifts to foreigners.”

　　2. Add a new paragraph to Article 17 as its second paragraph： “The detailed procedures for the transfer of archives of a state-owned enterprise or institution at the time of the transfer of its assets shall be formulated by the state administrative authority for archives.”

　　3. The second paragraph of Article 19 is amended as： “Archives centres shall periodically publish a catalogue of archives which are accessible to the public， and shall create the conditions， simplify the procedures， and provide conveniences for the use of archives.”

　　4. Article 24 is amended as： “In the event of any of the following acts， the administrative authorities f

or archives under the people's governments at or above the county level and the competent department shall impose disciplinary sanctions upon the person in charge directly responsible or other persons directly responsible； and he who commits an act which constitutes a crime shall be investigated for criminal responsibility according to law：

　　（1） damaging or losing state-owned archives；

　　（2） supplying， copying， making public or destroying state-owned archives without authorization；

　　（3） altering or forging archives；

　　（4） in violation of the provisions of Article 16 or 17 of this Law， selling or transferring archives without authorization；

　　（5） reselling archives for profit， or selling archives or presenting them as gifts to foreigners；

　　（6） in violation of the provisions of Article 10 or 11 of this Law， failing to file archives according to provisions， or failing to hand over archives on schedule；

　　（7） taking no measures while fully aware of archives preserved being in danger， thus causing losses to the archives； or

　　（8） causing losses to archives as a result of neglect of duty on the part of archivists.

　　“If anyone who uses archives of archives centres commits any of the unlawful acts prescribed in item 1， 2 or 3 of the preceding paragraph， the administrative authorities for archives of the people's governments at or above the county level shall give him a warning and may concurrently impose a fine； and he who causes losses shall be ordered to compensate for them.

　　“If an enterprise， institution or individual commits any of the unlawful acts prescribed in item 4 or 5 of the first paragraph， the administrative authorities for archives of the people's governments at or above the county level shall give the violator a warning and may concurrently impose a fine； the unlawful gains， if any， shall be confiscated； and archives sold and presented as gifts may be requisitioned by purchase in accordance with the provisions of Article 16 of this Law.”

　　5. Add a new article as Article 25： “If anyone carries or transports out of the country archives or their duplicates that are forbidden to be taken out of the country， the Customs shall confiscate them and may concurrently impose a fine； archives or their duplicates confiscated shall be handed over to the administrative authorities for archives； and he who commits an act which constitutes a crime shall be investigated for criminal responsibility according to law.”

　　This Decision comes into force on the date of promulgation.

　　The Archives Law of the People's Republic of China shall be republished after being correspondingly revised in accordance with this Decision

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