Regulations on the Implementation of the Archives Law of the People's Republic of China

Regulations on the Implementation of the Archives Law of the People's Republic of China
Regulations on the Implementation of the Archives Law of the People's Republic of China

Order No. 772 of the State Council of the People's Republic of China

January 12, 2024

The Regulations on the Implementation of the Archives Law of the People's Republic of China, as adopted at the 22nd executive meeting of the State Council on December 29, 2023, are hereby issued, and shall come into force on March 1, 2024.

Premier: Li Qiang

Regulations on the Implementation of the Archives Law of the People's Republic of China

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Archives Law of the People's Republic of China (hereinafter referred to as the “Archives Law”).

Article 2The specific scope of “archives” as referred to in the Archives Law shall be determined by the archives administration of the state or by the archives administration of the state in conjunction with the relevant departments of the state.
The specific scope of archives that reflect local cultural customs, ethnic features, historical figures, and featured brands may be determined by the competent archives administrations of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with relevant departments at the same level.

Article 3 With regard to archives management, it is necessary to adhere to and strengthen the Party's overall leadership, comprehensively implement the Party's lines, guidelines, policies, decisions, and arrangements, improve the system and mechanism of the Party's leadership in archives management, and implement the Party's leadership throughout the whole process of archives management in all aspects.

Article 4 The people's governments at or above the county level shall strengthen their leadership over archival work, establish and improve archives institutions, provide long-term secure places and facilities for the storage of archives, and incorporate the funds for the development of archival undertakings in the budgets at the corresponding levels.
Organs, groups, enterprises, public institutions, and other organizations shall strengthen the administration in their respective archival work and fulfill their primary responsibilities in relation to archives work to ensure the archival work is carried out in accordance with the law.

Article 5 Archives permanently stored in the repositories of national archival repositories shall be subject to three-level administration, and the specific criteria and administrative measures for the classification shall be formulated by the National Archives Administration.

Article 6 Any central and state organ after approved by the National Archives Administration and relevant state organs of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government after being approved by the archives administrations of people's governments at corresponding levels, may formulate specific systems and measures for the administration of specialized archives within their respective scopes of authority.

Article 7 The people's governments at or above the county level and their relevant departments shall strengthen the publicity and education of archives, popularize archives-related knowledge and culture, and enhance archive awareness throughout society.

Article 8 The state shall strengthen the training of archives-related professionals and support institutions of higher learning and vocational schools to set up archives and other related majors.

Article 9 The state shall encourage and support enterprises, institutions, social organizations, individuals, and other social forces to participate in and support the development of archival undertakings by setting up entities pursuant to the law, subsidizing projects, engaging in voluntary services, carrying out scientific research and technological innovation, and popularizing scientific and technological achievements.
Industry organizations of archives shall, in accordance with laws, regulations, rules, and articles of association, strengthen industry self-discipline and integrity construction, provide industrial services, carry out academic exchanges and archives-related popular science education, and participate in policy consultation and standards development.
The archives administrations shall provide guidance within the scope of their duties.

Article 10 Whoever performs any of the following deeds shall be rewarded by the people's government at or above the county level, the competent archives administration, or his or her employer:
(1) Having made outstanding achievements in the collection, sorting out, and conservation of archives and in making them available to users;
(2) Having made remarkable achievements in scientific research, technological innovation, publicity and education, exchanges and cooperation on archival work;
(3) Having made outstanding performance in the archives work related to major events and emergency response activities;
(4) Donating important or precious archives to the state;
(5) Having made outstanding performance in combating violations of archives laws and regulations; or
(6) Having outstanding performance from the long career in archives.

Chapter II Archives Institutions and Their Functions

Article 11 The National Archives Administration shall perform the following functions in accordance with the provisions of Paragraph 1 of Article 8 of the Archives Law:
(1) Studying and developing departmental rules and specific guidelines and policies on archival work in accordance with relevant laws and administrative regulations and relevant guidelines and policies of the state;
(2) Organizing and coordinating the development of the national archival undertaking, formulating comprehensive plans and special plans for the development of national archival undertakings, and organizing the implementation of such plans;
(3) Supervising and inspecting the implementation of the relevant laws, administrative regulations, departmental rules, and related guidelines and policies of the state, and investigating and punishing unlawful archival acts in accordance with the law;
(4) Supervising and guiding the archival work respectively carried out by various departments of the Central Committee of the Communist Party of China and the State Council, mass organizations under the administration of the Central Government, central enterprises, and public institutions directly under the Central Committee of the Communist Party of China and the State Council, and by the national archival repositories at the central level, as well as by archives administrations of people's governments of provinces, autonomous regions and municipalities directly under the Central Government;
(5) Organizing and guiding the study of archival theories and technologies, the information construction on archives, the publicity and education work related to archives, and the training of archivists; and
(6) Organizing and carrying out international exchange activities in terms of archives.

Article 12 The archive administrations at or above the county level shall perform the following duties in accordance with the provisions of Paragraph 2 of Article 8 of the Archives Law:
(1) Implementing the relevant laws, administrative regulations, departmental rules, and related guidelines and policies of the state;
(2) Formulating and organizing the implementation of archival undertaking development plans and archival work rules and specifications for their own administrative areas;
(3) Supervising and guiding the archival work of their own administrative areas, supervising and inspecting the implementation of the relevant laws, regulations, rules, and related guidelines and policies of the state, and investigating and punishing unlawful archival acts in accordance with the law; and
(4) Organizing and guiding the study of archival theories and technologies, the information construction of archives, the publicity and education work related to archives, and the training of archivists within their own administrative areas.

Article 13 Township people's governments shall perform the following duties in accordance with the provisions of Paragraph 3 of Article 8 of the Archives Law:
(1) Implementing the relevant laws, administrative regulations, departmental rules, and related guidelines and policies of the state and establishing and improving archival work rules and specifications;
(2) Designating personnel to be responsible for managing its archives and handing over its archives to an archives concerned; and
(3) Supervising and directing the archival work of its subordinate entities and basic self-governing mass organizations, among others.
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