Ministry of Supervision of the People's Republic of China
The people's Republic of China Ministry of human resources and social security
The State Archives Administration of China
No. thirtieth
"The file management of violations of law regulations" has been the Ministry of supervision in January 24,
2013 first ministerial meeting in August 27, 2012, Ministry of human resources and social
securityeighty-seventh Ministerial Conference in July 30, 2012, State Bureau of civil servants
at the thirty-seventh executive meeting in April 28, 2012,adopted at the executive meeting of the
State Archives bureau. It is hereby announced, shall enter into force as of March 1, 2013.
Archives management of violations of law regulations
Article 1 in order to management to prevent and punish file violations of law, effective protection
and utilization of archives, according to "the people's Republic of China", "the archives law of
the people's Republic of China Administrative Supervision Law", "PRC Civil Servant Law","
administrative organs of civil servants at the Regulations" and other relevant laws, administrative
regulations, the enactment of thisprovisions.
Second file management violations unit, its leadership responsible personnel and the directly
responsible personnel file management, andviolations of law, shall be subject to disciplinary responsibility.
The following personnel (hereinafter referred to as the relevant responsible persons), by the appointment
and removal organ or the supervisory organ shall be punished in accordance with administrative privileges:
(a) the administrative organs of civil servants;
(two) personnel engaged in official business as authorized by laws and regulations, with the function
of public affairs administrationorganization;
(two) personnel engaged in official business as authorized by laws and regulations, with the function
of public affairs administrationorganization; (three) personnel engaged in public administrative
organization in accordance with the law to engage in public affairsmanagement activities;;
(four) appointed by administrative organs, social groups, enterprises in the staff.
Institution work personnel file management of violations of lawenforcement, in accordance with the
"Interim Provisions" institution staffdisposition.
The provisions of laws, administrative regulations, decisions of the State Council and the supervisory
organ under the State Council, the State Council department of human resources and social security
regulationson archives management of violations of law in action and, from its provisions.
Article third shall be filed a civil activities in the documents and materials, materials take
forcible possession of, refused to hand overarchives institutions, personnel archives filing,
the relevant responsible persons, a disciplinary warning; if the circumstances are serious,
given a sanction of punishment; if the circumstances are serious, demotion orremoval from office.
Article third shall be filed a civil activities in the documents and materials, materials take
forcible possession of, refused to hand overarchives institutions, personnel archives filing,
the relevant responsible persons, a disciplinary warning; if the circumstances are serious,
given a sanction of punishment; if the circumstances are serious, demotion orremoval from office.
Article fourth refused to according to the provisions of the statedesignated national archives
to archives, the relevant responsible persons, shall be given a warning or be punished; if
the circumstances are relatively serious, giving marks or degraded; if the circumstances are
serious, he shall be discharged from his post.
Fifth sell or in violation of state regulations, transfer, exchange and giving archives,
the relevant responsible persons, given the removal ordismissal.
Sixth use a post, the custody of the files take forcible possession of, the relevant
responsible persons, to give punishment; if the circumstances are relatively serious,
demotion or removal from office; if the circumstances are serious, be punished by dismissal.
Article seventh for irresponsibility or does not comply with the archive work system,
led to the file is damaged or lost, the relevant responsible persons, given a sanction;
if the circumstances are relatively serious,giving marks or demoted; if the circumstances are
serious, given theremoval or dismissal.
Article eighth unauthorized destruction of archives, the relevant responsible persons,
given a sanction; if the circumstances are relatively serious, giving marks or demoted;
if the circumstances are serious, given the removal or dismissal.
Article eighth unauthorized destruction of archives, the relevant responsible persons,
given a sanction; if the circumstances are relatively serious, giving marks or demoted;
if the circumstances are serious, given the removal or dismissal.
Article ninth in any of the following acts, the relevant responsible persons,
given a sanction of punishment; if the circumstances are relatively serious,
demotion or removal from office; if the circumstances are serious, be punished by dismissal:
(a) alter, forge records;
(two) to extract, from the archives, archival material to replace add.
Article tenth the carrying, mailing ban archives or duplicates thereof out of the country,
the relevant responsible persons, given a warning,record faults or serious punishment;
if the circumstances are relatively serious, demotion or removal from office; if the
circumstances are serious, be punished by dismissal.
Article eleventh in any of the following acts, the relevant responsible persons, given a warning,
record faults or serious punishment; if the circumstances are relatively serious,
demotion or removal from office; if the circumstances are serious, be punished by dismissal:
Article eleventh in any of the following acts, the relevant responsible persons, given a warning,
record faults or serious punishment; if the circumstances are relatively serious, demotion or
removal from office; if the circumstances are serious, be punished by dismissal:
(a) to provide, copy, copy the files;
(two) to publish not open the file.
Twelfth Whoever commits one of the following acts, leading to the occurrence of archives safety
accident, the relevant responsible persons, given a sanction of punishment; if the circumstances
are relatively serious, demotion or removal from office; if the circumstances are serious,
be punished by dismissal:
(a) is not equipped with a safety record keeping necessary facilities,equipment;
(two) did not set file security management regulations;
(three) to save that file in danger and not take measures.
Article thirteenth in any of the following acts, the relevant responsible persons, given a sanction
of punishment; if the circumstances are relatively serious, demotion or removal from office;
if the circumstances are serious, be punished by dismissal:
(a) the file safety accidents, not timely rescue;
(two) the file security after the accident, failing to report, the false report or do not timely report;
Article thirteenth in any of the following acts, the relevant responsible persons, given a sanction
of punishment; if the circumstances are relatively serious, demotion or removal from office;
if the circumstances are serious, be punished by dismissal:
(a) the file safety accidents, not timely rescue;
(two) the file security after the accident, failing to report, the false report or do not timely report;
(three) the file security after the accident, the relevant departmentsinvestigate interference blocking.
Article fourteenth in the utilization of archives work collects fees in violation of state regulations,
the relevant responsible persons, given a sanction of punishment; if the circumstances are relatively
serious,demotion or removal from office; if the circumstances are serious, be punished by dismissal.
Article fifteenth violation of the provisions of the state to expand or narrow the scope of the
archives receiving, the relevant responsible persons, shall be given a warning or be punished;
if the circumstances are relatively serious, giving marks or degraded; if the circumstances are serious,
he shall be discharged from his post.
Article eighteenth the appointment and removal organ, the administrative department for supervision organs
and file creation case transfer system.
The appointment and removal organ, the supervisory organ and file management of illegal cases,
that should be made by the archives administration department to impose administrative penalties,
shall timely submit the materials related to the case to the archives administration department.
The archives administration departments shall promptly investigate and deal with according to law,
and the results will be informed of the appointment and removal organ, the supervisory organ in written form.
The archives administration departments shall promptly investigate and deal with according to law,
and the results will be informed of the appointment and removal organ, the supervisory organ in written form.
The archives administration departments investigate and deal withcases of illegal file management,
that shall be given sanctions by the appointment and removal organ or the supervisory organ,
shall timely submit the materials related to the case to the appointment and removal organ or the supervisory organ.
The appointment and removal organ or the supervisory organ shallpromptly investigate and deal with according to law,
and the results willinform the archives administration department in writing. The appointment and removal
organ or the supervisory organ shall promptly investigate and deal with according to law, and the results
will inform thearchives administration department in writing.
Nineteenth file management violations of law, should be given disciplinary punishment, transferred to
the CPC Discipline Inspection organizations. Suspected of a crime, transferred to judicial organs for
criminal responsibility according to law.
Article twentieth the term archives, refers to the state owned archives and does not belong to the
national all but preserved in the nationalarchives.
The twenty-first article of the regulations by the Ministry of supervision,Ministry of human resources
and social security, the National ArchivesBureau is responsible for the interpretation of.
Twenty-second the provisions shall be implemented as of March 1, 2013.