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深圳经济特区档案与文件收集利用条例 Regulations of Shenzhen Special Economic Zone on Collection and Use of Archives an

2009-03-24 法律英语 来源:互联网 作者:

深圳市人大常委会公告第48号

(Adopted at the Fifteenth Meeting of the Standing Committee of the Third Shenzhen People‘s Congress on April 26, 2002)

颁布日期:20020516  实施日期:20020701  颁布单位:深圳市人大常委会

  Chapter I General Provisions

  Article 1 With a view to strengthening the development of undertakings of archives in the Shenzhen Special Economic Zone (hereinafter referred to as “the Special Zone”) and effectively collecting, managing, protecting and using archives and documents, taking into account of the specific conditions of the Special Zone, these Regulations are hereby formulated in accordance with the provisions of the Archives Law of the PRC,the Provisions of the Guangdong Province on Archives Management and other laws and regulations concerned.

  Article 2 These Regulations shall apply to the administrative work of archives, the collection, management and use of the archives and documents by State organs,social organizations and individuals or other activities concerning archives and documents within the Special Zone.

  Article 3 “Archives”in these Regulations mean original records, including those in different languages, pictures, diagrams, audio-visual and in the other forms, whose preservation is of value to the State and society and which are formed by State organs, social organizations and individuals in their political, economic, scientific, technological, cultural, educational, religious and other activities.

  “Documents”in these Regulations mean documentary materials which are formed by State organs and other State-owned units in their public affairs and have been preserved by the centers of document before delivery to the archives repositories.

  Article 4 State organs, social organizations and individuals have rights to use the archives and documents according to law and have the obligations to ensure the integrity, accuracy and safety of the archives and documents.

  Article 5

  The archives administration departments of the municipal and district governments are the unified administration departments for the affairs of archives and documents in their respective administrative areas, and other administration departments shall assist, according to their respective functions, the archives administration departments to do the work of archives and documents well.

  Chapter II Archives Repositories, Centers of Document and Archives Intermediary Institutions

  Article 6 The Archives Repository of the Shenzhen Municipality (hereinafter referred to as the Municipal Archives Repository) is a central archives repository and a center of archives and information of the whole city, and also is a professional archives organization under the Municipal Government. The main responsibilities of the Municipal Archives Repository are the following:

  (1) to receive the archival materials which should be transferred into the Municipal Archives Repository from the units under the Municipality and the other archival materials of the whole city whose preservation is of important value to the State and society;

  (2) to collect the important archival materials concerning the Municipality;

  (3) to establish a center of the whole city on information, internet and catalogue of archives, to synthetically research, develop and use the archival information resources of the whole city, and to provide other archives institutions with professional and technological demonstration.

  (4) to use the archival materials preserved by the repositories to serve for a patriotism education of the whole city and a social use of the information resources of archives.

  The district archives repositories shall be responsible for collection, management and availability of the archival materials within their respective administrative areas.

  Article 7 The special archives repositori

es shall be responsible for collection, preservation and availability of the archives in a special field or in the form of special carrier. The specific receipt scope of the special archives shall be carried out according to the provisions provided by the archives administration department of State.

  Article 8 The centers of document established by the municipal and district governments are the institutions responsible for centralized preservation and availability of the documents which have been completely processed by the organs and institutions at the same level. The major functions of these centers are the following:

  (1)to receive the documents which have been completely processed by the organs and institutions at the same level;

  (2) to arrange, appraise and preserve received documents;

  (3) to transfer the archives which need to be kept for a long term to the municipal or district archives repositories;

  (4) to make documents available to State organs, social organizations and individuals;

  The organ and institution in which the documents have not been incorporated into the management of the centers of document shall set up an archives room. The archives room shall be responsible for collection, preservation and availability of various archives within their respective units.

  Article 9 The archives intermediary institutions established according to law may engaged in the following archival business:

  (1) to offer advices on archival business;

  (2) to arrange archives;

  (3) to estimate the value of archives;

  a) to supply the services of archival technology;

  b) to deposit and preserve archives;

  c) to engage in other archives business regulated in the business license

  The archives intermediary institutions engaging in the business above-mentioned shall comply with the laws, regulations and the relevant provisions of the archives administration departments.

  Article 10 Archivists and the members working in the archives intermediary institutions shall have the knowledge of archival profession and shall hold the certificate to work.

  Chapter III Collection of Archives and Documents

  Article 11 The municipal and district governments shall strength the development of information and modernization of the archives resources, support the development and use of the electronic archives and documentary internet system and promote that whoever makes a contribution to the resources of archives and documentary information may enjoy them in common.

  The Municipal Government shall appropriate a specified fund so as to collect and save the major and precious archival materials which reflect the social activities in the Special Zone; the archives administration departments shall embark a fund for its specified purpose only.

  Article 12 With respect to the documents which fall in the scope to be filed as archives in accordance with the provisions of the State and have been completely processed, the relevant departments shall arrange them in time and transfer them at regular intervals to the centers of document or the archives rooms of their respective units. No department and individual may fail to file such documents or keep such documents as his personal property.

  The officers of State organs and other State-owned units shall go through the formalities of handing-over and taking-over archives and documents when they leave the former post.

  Article 13 The archives of State organs and other State-owned units and the archives formed by the officers thereof in their public affairs shall be owned by the State.

  Article 14 All units shall transfer the archives and documents pursuant to the following time limit:

  (1) The documents listed in the receipt scope of the center of document shall be transferred before the end of the June followi

ng the year in which the documents have been completely processed;

  (2) The archives listed in the receipt scope of the municipal and district archives repositories shall be transferred upon the expiration of 10 years from the date of their creation;

  (3) The archives listed in the receipt scope of the special archives repositories shall be transferred according to the time limit provided by the State and the Municipality.

  (4) The archives and documents formed in the major citywide activities which are organized by the nonpermanent organizations shall be transferred by these organizations to the Municipal Archives Repository or the municipal center of document within six months from the date of finishing the activities.

  Article 15 Donating the archives which are not owned by the State to the municipal and district archives repositories shall be encouraged. If an archives repository decides to accept such a donation, it shall issue the donation certificate to the donation person.

  Article 16 With respect to the cultural relics, books and reference materials which are kept in museums, memorial halls, libraries and other organs and are currently archives, the catalogues shall be submitted to the Municipal Archives Repository and the changes shall be reported.

  With respect to collectively-owned or individually-owned archives which are considered as important preservation value to State and society, the Municipal Archives Repository may require the person who keeps such archives to submit the catalogues and report the changes.

  Article 17 With respect to the municipal and district major construction projects, major scientific and technological research projects and major technological reforming projects, a file registration system

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