The word [1994] No. twenty-third the state archives administration system
Article 1 in order to strengthen the enterprise with foreign investment (including Sino foreign joint ventures, Chinese foreign cooperative enterprises, foreign enterprises) file management, effective protection and use of archives, safeguard the lawful rights and interests of enterprises, according to the "Archives Law of the people's Republic" and the relevant foreign investment laws, regulations, these Provisions are hereby formulate.
Second archives of the enterprises with foreign investment refers to enterprises with foreign investment to build the activities since the formation of the enterprise and the state, society, is used to save the value of various documents and materials (including different forms of carriers).
Third archives of the enterprises with foreign investment enterprises all, protected by the national law. The enterprise bear the responsibility of protecting the archives.
Fourth foreign-invested enterprise archives work is part of the basic work of enterprise management, is a work to safeguard the economic interests of enterprises and the legitimate rights and interests, the true face of the history, is part of the National Archives work. Its main task is to implement the relevant laws, rules and regulations of the state archives work, establish and perfect the enterprise archives management system; unified management of the enterprise and the enterprise archives, the supervision and guidance of archives work.
Fifth foreign-invested enterprises shall strengthen their leadership over the archive work, the enterprise archives work in their management plans, and to determine the departments and personnel file management is responsible for the archives work of the enterprise.
Personnel responsible for the archive management should haveprofessional knowledge, skills and knowledge of enterprise management.
The archives administration departments at all levels and the competent department at a higher level, have the right to file work to the administrative area within the system, at the same level or the industry under the foreign investment enterprise to carry out supervision and inspection, shall bear the related services.
Sixth foreign investment enterprises shall file the filing scope mainly includes:
1, the establishment of foreign-invested enterprises and the change of application, examination and approval, registration and termination, after the dissolution of liquidation and other aspects of the documents and materials (including foreign-invested enterprise signed charter parties and investment joint venture, cooperation contract);
2, the board of directors or the joint management agency documents;
3, financial, accounting and management aspects of the documents and materials;
4, labor wages, personnel, legal affairs management documents;
5, the management of documents and materials;
6, production technology and management aspects of the documents and materials;
7, the production of documents and materials;
8, instruments, equipment, documents and materials;
9, the basic construction of the documents and materials;
10, science and technology research, technology introduction, technology transfer documents;
11, education and training of the documents and materials;
12, intelligence information documents;
13, Chinese Communist Party organizations and trade unions of documents;
14, the other with use and preservation of the value of the documents and materials.
The principle of file materials formed seventh foreign-invested enterprises of various departments by the Department responsible for sorting and filing, according to the provisions of the enterprise, regularly hand over to the archives department or designated sector, any person may take forcible possession of.
National standards, norms and international advanced methods according to the formation of eighth foreign-invested enterprises archives, scientific classification and sorting.
Ninth enterprises with foreign investment shall have a warehouse and the necessary facilities and protective equipment to keep the file, to ensure the safety of the archives. Does not have the conditions for safe keeping of enterprise archives, entrust competent authorities or the local state archives custody. File hosting units must ensure the safety of the archives to escrow, escrow file owner using the service work of archives.
Tenth a foreign-invested enterprise shall, according to the actual value and the relevant provisions of the state archives, compiling records retention schedule. File retention period of permanent, long-term, short-term three. With permanent preservation and utilization of the long-term reference value; in a certain period of time the value of long-term or short-term preservation and utilization study; who between two storage period of archives, the custody period from the long.
Eleventh foreign-invested enterprises shall identify the safekeeping expired files. Identification of group identification work by the company responsible for the composition of people, professionals and archives staff is responsible for, direct identification of archives. To preserve the value of the lost file lists the destruction list, submitted to the board for approval after the destruction, the destruction list permanent preservation. Among them, according to the relevant provisions of accounting archives "accounting law" of the people's Republic of China to perform.
Twelfth foreign-invested enterprises and foreign parties have the right to use the archives, shall establish and improve and strictly enforce the system of utilization of archives, prevent loss and leakage.
The relevant departments Chinese government law enforcement needs to consult the business archives, enterprises shall provide.
Thirteenth foreign-invested enterprises, after the dissolution of the termination, the Sino foreign joint ventures, Sino foreign cooperative enterprise archives by the original Chinese joint venture, cooperation maintained properly, or over to the local state archives. Foreign enterprise archives according to the following situation, respectively:
1, enterprises with foreign capital to extend the deadline, separation, merger or other matters change, the enterprise file to change after the transfer of enterprises.
2, foreign capital enterprise expires or is declared bankrupt according to law, the enterprise file according to the Eleventh regulations.
3, foreign enterprises due to violation of laws, administrative regulations shall be ordered to shut down in accordance with the relevant authorities, decision process.
4, the original enterprise according to the need to copy the preservation of archives.
Article fourteenth in any of the following acts, according to the seriousness of the circumstances, be given administrative sanctions or penalties; if losses are caused, according to the value and quantity, archives shall be ordered to compensation; constitute a crime, shall be the responsibility of the parties in accordance with the law:
1, damage, loss or unauthorized destruction of documents and records shall be archived;
2, altering, forging archives;
3, to sell, resell archives;
4, the unauthorized possession and carrying illegal file exit;
5, the archives working personnel be forgetful of one's duties resulting in loss of.
Fifteenth Hongkong, Macao, Taiwan area of the company, enterprise and other held in China enterprises, economic organizations or individuals shall be governed by the provisions of.
Sixteenth the provisions by the State Archives Bureau is responsible for the interpretation of.
Seventeenth the provisions shall enter into force on the date.