Violations Of Disciplinary Regulations For Archives Management

Original Language Title: 档案管理违法违纪行为处分规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201307/20130700389476.shtml

Violations of disciplinary regulations for archives management

    (February 22, 2013 wing, and human resources and Social Security Department, and National Archives Council makes 30th, announced since March 1, 2013 up purposes) first article to prevention and punishment archives management illegal disciplinary behavior, effective protection and using archives, according to People's Republic of China archives method, and People's Republic of China administrative monitored method, and People's Republic of China civil servants method, and administrative organ civil servants disposition Ordinance, about legal, and administrative regulations, developed this provides. Second violation of archives management unit, its leaders and persons responsible, as well as violations of personal archives management shall bear disciplinary liability.

    Belonging to the following persons (hereinafter referred to as relevant persons), by appointment and removal or organs in accordance with administrative privileges shall be subject to punishment:

    (A) civil servants of administrative organs;

    (B) legal and authorized rights to public affairs staff corporate management functions of the Organization;

    (C) entrusts the executive authorities engaged in the activities of the Organization in the management of public affairs personnel engaged in public service;

    (D) enterprises, social groups of persons appointed by the Executive.

    Staff in public institutions archive management violations, in accordance with the implementation of the provisional regulations on the punishment of staff in public institutions.

    Laws, administrative regulations and decisions of the State Council and the State Council supervisory organs, human resources and Social Security Department of the State Council regulations on file management violations penalty otherwise provided, from its provisions.

    Article corporate activities should form an archive of documents, information for themselves, refuse to make archiving of archive institutions, Archives staff, their responsibilities, given warning; if the heavier, given demerits or demerit; serious, demotion or dismissal.

    Article fourth refused to transfer to designated national archives archives according to state regulations, responsibilities, given a warning or demerit; if the heavier, given a demerit or demoted in serious cases, dismissal.

    Article fifth sell or transfer in violation of State regulations, Exchange and free file, on the persons dismissed or expelled.

    Article sixth of their positions, will be kept by the archives to fill, on the persons given demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    Seventh due to irresponsible or otherwise fail to comply with the archive system, cause file damage, lost, their responsibilities, given demerit; if the heavier, given a demerit or demoted in serious cases, dismissed or expelled.

    Article eighth of unauthorized destruction of files, their responsibilities, given demerit; if the heavier, given a demerit or demoted in serious cases, dismissed or expelled.

    Nineth under any of the following acts, their responsibilities, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) the alteration, falsification of archives;

    (B) unauthorized extraction, removal, adding files from the archive.

    Article tenth of carrying, mail stop files or duplicates thereof abroad, responsibilities, give him a warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    11th under any of the following acts, their responsibilities, warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) provide without authorization, copy or copy files;

    (B) unauthorized release archives are not yet open.

    12th under any of the following acts, accidents led to archives, their responsibilities, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) the necessary facilities and equipment that are not equipped with safe custody of archives;

    (B) failure to establish security management of archives rules;

    (C) knowingly kept by the archives at risk, measures are not taken.

    13th under any of the following acts, their responsibilities, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) the archives after the accident, does not organize rescue work in a timely manner;

    (B) the archives after the accident, undeclared, false report or not to report in a timely manner;

    (C) the archive after the accident, blocking for investigation of interference.

    14th article in the use of archives in charge fees in violation of State regulations, responsibilities, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    15th in violation of State regulations to expand or narrow the files received, their responsibilities, given a warning or demerit; if the heavier, given a demerit or demoted in serious cases, dismissal.

    16th refused to open archives according to state regulations, responsibilities, give him a warning, demerit-recording or demerit.

    17th archive management violations punished people not satisfied with the decision, in accordance with the People's Republic of China Law on administrative supervision, the People's Republic of China Law on civil servants and the punishment of civil servants of administrative organs and other relevant provisions of the Ordinance, may apply for a review or appeal.

    18th appointment and removal, monitoring agencies and archives Administration Department to establish case transfer system. Appointment and removal, supervision organs investigated and dealt with records management discipline cases, opinion, the archives Administration Department should be given administrative punishment, it shall transfer the relevant case material archives Administration Department.

    Archives Administration Department should be promptly investigated and dealt with according to law, and notify the appointment and removal of organs, the treatment result monitor. Archives Administration Department to investigate illegal cases of archives management, that it should be disciplined by the appointment and removal or the supervisory organs shall promptly transfer the relevant case material or a supervisory authority to appoint and remove.

    Appointment and removal or organs should be promptly investigated and dealt with according to law, and notify the processing result archives Administration Department. 19th archive management violations, should be given party disciplinary measure, transferred to the party's discipline inspection organs.

    A suspected crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.

    Article 20th archive in these rules refers to archives owned by the State and do not belong to the State all but saved in the archive at the national archives at all levels.

    21st article this provision of supervision, the Ministry of human resources and social security, the national archives is responsible for the interpretation. 22nd article of the regulations come into force on March 1, 2013.