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

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

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

The Regulation 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, is hereby issued, and shall come into force on March 1, 2024.

Premier: Li Qiang
January 12, 2024

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

Chapter I General Provisions
Article 1 This Regulation is developed in accordance with the Archives Law of the People's Republic of China (hereinafter referred to as “Archives Law”).
Article 2 The specific scope of the “archives” as referred to in the Archives Law shall be determined by the archives administration of the state independently or in conjunction with the relevant departments of the state.
The specific scope of the archives that reflect local cultural customs, ethnic features, historical figures, and characteristic brands, among others, may be determined by the archives administrations of provinces, autonomous regions, and municipalities directly under the Central Government in conjunction with the relevant departments at the same level.
Article 3 The archives work shall adhere to and strengthen the leadership of the Communist Party of China, comprehensively implement the Party's lines, principles, policies, decisions and arrangements, improve the system and mechanisms for the Party's leadership over the archives work, and implement the Party's leadership in all aspects and links of the archives work.
Article 4 The people's governments at or above the county level shall strengthen the archives work, establish and improve archives institutions, provide places and facilities for the long-term and safe preservation of archives, and include the funds required for the development of archives undertakings in the budgets at the same level.
Organs, groups, enterprises and public institutions, and other organizations shall strengthen their respective archives work, fulfill their primary responsibilities for the archives work, and ensure that the archives work is conducted in accordance with the law.
Article 5 The permanently preserved archives in the collection of national archives repositories shall be administered by classifying them into first, second and third levels. The specific classification standards and administrative measures shall be developed by the archives administration of the state.
Article 6 Central and state organs and the relevant state organs of provinces, autonomous regions, and municipalities directly under the Central Government may, respectively with the approval of the archives administration of the state and the archives administrations at the same level, develop specific administration rules and measures for the professional archives of their respective systems.
Article 7 The people's governments at or above the county level and their relevant departments shall strengthen the publicity and education on archives, popularize archives knowledge, spread archives culture, and enhance the awareness of the entire society on the importance of archives.
Article 8 The state strengthens the cultivation of archives-related professionals, and supports the institutions of higher learning and vocational schools in setting up archival science and other related majors.
Article 9 The state encourages and supports enterprises and public institutions, social organizations, individuals, and other social forces' participation in and support for the development of archives undertakings by establishing entities, funding projects, engaging in voluntary services, conducting scientific research and technological innovation, and promoting scientific and technological achievements, among others, in accordance with the law.
Archives industry organizations shall, in accordance with the provisions of laws, regulations and rules and their articles of association, strengthen industry self-regulation, promote the building of integrity, provide industry services, conduct academic exchanges and archives-related science popularization education, participate in policy consultation and standard development, and conduct other activities.
Archives administrations shall provide guidance within the scope of their functions.
Article 10 Whoever falls under any of the following circumstances shall be commended and rewarded by the people's government at or above the county level, the archives administration, or his or her employer in accordance with the relevant provisions issued by the state:
(1) Having made outstanding achievements in the collection, arrangement, protection and utilization of archives.
(2) Having made remarkable achievements in the scientific research, technological innovation, publicity and education, and exchanges and cooperation on archives.
(3) Having 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 outstanding performance in combating violations of archives laws and regulations.
(6) Having engaged in the archives work for a long time with outstanding performance.
Chapter II Archives Institutions and Their Functions
Article 11 The archives administration of the state shall perform the following functions in accordance with the provisions of paragraph 1 of Article 8 of the Archives Law:
(1) Researching and developing departmental rules and specific guidelines and policies and standards on the archives work in accordance with relevant laws and administrative regulations and relevant guidelines and policies of the state.
(2) Organizing and coordinating the development of archival undertakings throughout the country, and developing and organizing the implementation of the comprehensive planning and special plans for the development of national archival undertakings.
(3) Conducting supervisory inspection of the implementation of relevant laws, administrative regulations, departmental rules, and relevant guidelines and policies of the state, and investigating and punishing violations of archives laws in accordance with the law.
(4) Supervising and guiding the archives work of all departments of central and state organs, mass groups and organizations managed by the Central Government, central enterprises, and public institutions directly under the Central Government and the State Council, the work of central-level national archives repositories, and the work of the archives administrations of provinces, autonomous regions, and municipalities directly under the Central Government.
(5) Organizing and guiding archival theory and scientific and technological research, the development of archives information technologies, the publicity and education on archives, and archivist trainings.
(6) Organizing and conducting international exchanges and cooperation in the field of archives.
Article 12 The local archives administrations at or above the county level shall, in accordance with the provisions of paragraph 2 of Article 8 of the Archives Law, perform the following functions:
(1) Implementing relevant laws, regulations and rules and the relevant guidelines and policies of the state.
(2) Developing and organizing the implementation of the development plans for archival undertakings and the rules and norms for the archives work within their respective administrative regions.
(3) Supervising and guiding the archives work within their respective administrative regions, conducting supervisory inspection of the implementation of relevant laws, regulations and rules, and relevant guidelines and policies of the state, and investigating and punishing violations of archives laws in accordance with the law.
(4) Organizing and guiding archival theory and scientific and technological research, the development of archives information technologies, the publicity and education on archives, and archivist trainings within their respective administrative regions.
Article 13 The people's governments of townships and towns shall perform the following functions in accordance with the provisions of paragraph 3 of Article 8 of the Archives Law:
(1) Implementing relevant laws, regulations and rules and relevant guidelines and policies of the state, and establishing and improving the rules and norms for the archives work.
(2) Designating personnel to administer their archives, and handing over archives to relevant archives repositories as required.
(3) Supervising and guiding the archives work of subordinate entities and basic-level autonomous mass organizations, among others.
Article 14 Organs, groups, enterprises and public institutions, and other organizations shall determine archives institutions or archivists, and perform the following functions in accordance with the provisions of paragraph 1 of Article 9 of the Archives Law:
(1) Implementing relevant laws, regulations and rules and relevant guidelines and policies of the state, and establishing and improving the rules and norms for their archives work.
(2) Guiding the creation, accumulation, arrangement, and archiving of their relevant materials, administering in a uniform manner their archives, and handing over archives to relevant archives repositories as required.
(3) Supervising and guiding the archives work of subordinate entities.
Article 15 The establishment and administration of all types of archives repositories at all levels shall comply with the relevant provisions issued by the state.
Article 16 National archives repositories shall be staffed with professionals commensurate with their functions and scale, and perform the following functions in accordance with the provisions of Article 10 of the Archives Law:
(1) Collecting archives in their charge.
(2) Arranging and preserving archives as required.
(3) Providing public access to archives in accordance with the law, researching and developing archival resources in various forms, and providing services for the use of archival resources by all parties.
(4) Conducting publicity and education and maximizing the functions of patriotism education and historical and cultural education.
All other types of archives repositories formed in accordance with relevant provisions issued by the state shall perform corresponding functions in accordance with the law by reference to the provisions of the preceding paragraph.
Article 17 Archives administrations, archives repositories, and organs, groups, enterprises and public institutions, and other organizations shall create conditions for the education and training, professional title review, and employment, among others, of archivists, and continuously improve archivists' professional expertise and professional competence.
Chapter III Administration of Archives
Article 18 The organs, groups, enterprises and public institutions, and other organizations that shall create archives in accordance with the provisions issued by the state shall establish the responsibility system for the archives work, determine the organizational structure and division of functions for the archives work, ensure the fulfillment of the leadership, management and execution responsibilities for the archives work, improve relevant rules for the assumption of the functions by the primary persons in charge of the entities as the first responsible persons for the completeness and security of archives, and clarify the work requirements for archives administration, the construction of infrastructure for archives, and t......