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

of archives shall be carried out， the archives institutions of the competent departments for these projects and the archives administration departments at same level shall be responsible for arranging， directing and supervising the registration.

　　Article 18　While checking and accepting or appraising such projects as construction project， technological reformation， purchase and renewal of major facilities， and scientific and technological research etc.， the relevant archives institutions shall check and accept the archives of these projects.

　　While checking and accepting or appraising the municipal and district projects such as major construction work， major technological reforming project and major scientific and technological research project， the municipal and district archives administration departments shall check and accept the archives of these projects in conjunction with the relevant archives institutions.

　　Article 19　State-owned enterprises shall process their archives according to law of State while their capital or property right are changed because of merger， bankruptcy， sale， reformation in shares system or being contracted or leased， etc.

　　The challenges to the ownership and circulation direction of the State-owned archives shall be decided by the archives administrative departments.

　　Article 20　With respect to the archives approaching to its preservation term， preserving units for archives shall make the arrangements to appraise； the destruction of the archives which have lost its preservation value shall be approved by the persons in charge of the units.

　　The documents， preserved by the document center， which are not necessary to be transferred to the archives repository after being appraised， shall be destroyed by the document center.

　　Chapter IV　Use of Archives and Documents

　　Article 21　The document center shall give priority to guarantee a need of using documents to the transferring units and shall provide other organs with the convenience of the use of documents.

　　Article 22　The archives and documents preserved by the document center of publ

ic archives repository shall be open to the public， except those which shall be confidential according to law or not proper to be open.

　　Social organizations and individuals holding legal and effective certificate may use the opened archives and documents.

　　Public archives repository in these Regulations shall include municipal and district archives repositories and professional archives repositories.

　　Article 23　Public archives repositories and documentary centers shall publish the scope， catalogue and using ways of the archives opened to the public.

　　Article 24　Public archives repositories and document centers shall adopt the following forms to provide the society with archives and documents for use：

　　（1） using archives and documents in the archives repositories；

　　（2） enquiring and reading archives and documents on the internet；

　　（3） sending archives and documents by special person；

　　（4） telexing posting archives and documents；

　　（5） providing the certificate of archives and documents；

　　（6） compiling archives， the collection of documents and the reference materials.

　　（7） holding the exhibition of archives and documents.

　　Article 25　Public archives repositories and document centers shall in time publish the information on archives and documents based on the social needs and requirements.

　　Article 26　Administration management departments for archives shall coordinate the common enjoyment and exchange of the information resources on archives and documents among the archives depositories， the documentary centers and the archives rooms， and shall direct the task of the development and use of the information resources on archives and documents.

　　Article 27　If social organizations and individuals have challenges to the public archives repositories and document centers which fail to provide for use by reason that the archives and documents have not be opened， they have rights to claim to the archives administrative departments.

　　Article 28　The archives repositories of the enterprises and private making their archives public shall be encouraged.

　　Article 29　All units and individuals shall ensure truthfulness of the archives and documents and shall not falsify or distort the archives and documents.

　　Article 30　Those who use the archives of the archives repository to write publications or other materials shall supply the specimens or duplicate to the archives repository concerned for preservation.

　　Chapter V Legal Liabilities

　　Article 31　If one of the following acts is committed， the archives administration departments shall order amends to be made within a specified time limit and propose the relevant competent departments to impose a disciplinary sanction， in accordance with the law， on persons directly in charge or other persons directly responsible；

　　（1） failing to receive archives according to the regulated scope， in violation of Article 7 of these Regulations；

　　（2） failing to transfer archives and documents according to the regulated time limit， in violation of Article 14 of these Regulations；

　　3. failing to submit the catalogues to the Municipal Archives Repository or failing to report the changes of the archives， in violation of Article 16 of these Regulations；

　　（4） failing to submit the archival registration materials on project/program to the archives administration departments according to the provisions， in violation of Article 17 of these Regulations；

　　（5） providing archives and documents for use without authorization or failing to make the archives and documents public according to the provisions， in violation of Article 22 of these Regulations；

　　Article 32　If any of the following acts is committed， the archives administration departments shall impose a fine of not less than 10，000 yuan but not more th

an 50，000 yuan on the unit， and a fine of not less than 500 yuan but not more than 2，000 yuan on the person directly responsible.

　　（1） appropriating documents which should be kept as archives， and refusing to transfer the archives for filing， in violation of Article 12 of these Regulations；

　　（2） failing to transfer the archives to the archives institutions after the project/program are checked and accepted or identified， in violation of Article 18 of these Regulations；

　　（3） failing to handle the archives according to the provisions of the State， in violation of Article 19 of these Regulations；

　　（4） destroying the archives and documents without authorization， in violation of Article 20 of these Regulations.

　　Article 33 If any of the following acts is committed， the archives administration departments shall impose a fine of not less than 50，000 yuan but not more than 100，000 yuan on the unit， and a fine of not less than 2，000 yuan but not more than 5，000 yuan on the person directly responsible：

　　（1） engaging in archives intermediary activities without authorization in violation of Article 9 of these Regulations；

　　（2） altering or forging archives and documents in violation of Article 29 of these Regulations.

　　Article 34　If parties have challenges to an administrative decision and an administrative punishment made by the archives administration departments， they have rights to apply for an administrative reconsideration on the decision or take an administrative proceedings. If parties neither apply for reconsideration or take the administrative proceedings nor perform the decision of punishment， the application for enforcing the punishment decision shall be made to the people‘s court by the archives administration department which makes this decision.

　　Chapter VI Supplementary Provisions

　　Article 35　These Regulations shall enter into force as of July 1， 2002

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