The Ministry of Foreign Trade and Economic Cooperation, the State Economic and Trade Commission, the State Archives Administration Interim Provisions on the Archive Management of the Enterprises with Foreign Investment Promulgated by the Ministry of Foreign Trade and Economic Cooperation, the State Economic and Trade Commission and the State Archives Article 1 This set of provisions are formulated in accordance with the “Archive Law of the People’s Republic of China” and relevant State laws Article 2 The archives of the enterprises with foreign investment are referred to here as various documents and materials (including on different Article 3 The archives of the enterprises with foreign investment should be owned by the enterprises, and protected by State laws. The enterprises Article 4 The management of the archives in the enterprises with foreign investment is a basic part of their work in management, a work to safeguard Article 5 The enterprises with foreign investment should improve their leadership over the archive work, list the archive work in their management Personnel responsible for the archive management should have professional knowledge and skill for archive and enterprise management. Government archive administrative departments at all levels and department concerned for the administration of enterprises with foreign Article 6 Archives of the enterprises with foreign investment mainly include: 1. Documents and materials about the enterprises with foreign investment’s applications for and approval and registration of their setting 2. Documents and materials which are worked out by the boards of directors or joint administrative organs; 3. Documents and materials about financial affairs, accounting and management of the enterprises with foreign investment; 4. Documents and materials about labor wages, personnel and legal affairs of the enterprises with foreign investment; 5. Documents and materials about businesses and management of the enterprises with foreign investment; 6. Documents and materials about the management of production and technology of the enterprises with foreign investment; 7. Documents and materials about the production and products of the enterprises with foreign investment; 8. Documents and materials about instruments and meters and equipment of the enterprises with foreign investment; 9. Documents and materials about capital construction of the enterprises with foreign investment; 10. Documents and materials about scientific and technological research, technical import and transfer of the enterprises with foreign 11. Documents and materials about education and training of the personnel of the enterprises with foreign investment; 12. Documents and materials about information of the enterprises with foreign investment; 13. Documents and materials of the Chinese Communist Party organizations and trade unions in the enterprises with foreign investment; 14. Other documents and materials of the enterprises with foreign investment that have utilization and preservation values. Article 7 The various departments of the enterprises with foreign investment should in principle be responsible for sorting and filing their Article 8 The archives of the enterprises with foreign investment should be scientifically sorted out and arranged by referring to the State Article 9 The enterprises with foreign investment should have suitable storehouse, necessary facilities and protecting equipment to keep the Article 10 The enterprises with foreign investment should draw up time limits for keeping the archives in line with their actual values and relevant Article 11 The enterprises with foreign investment should give appraisal to those archives whenever the deadline for keeping them is due. The Article 12 Chinese and foreign partners of the enterprises with foreign investment have the right to use the archives and the enterprises concerned The enterprises with foreign investment should provide convenience to relevant departments of the Chinese Government that need to Article 13 After enterprises with foreign investment are terminated or disbanded, the archives of the Sino-foreign joint equity ventures and 1. If a solely foreign-owned enterprise is extended, separated or merged or there are other changes, its archives should be handed over 2. The archives of the solely foreign-owned enterprises should be handled in accordance with the provisions in Article 11 of this set 3. If an enterprise is ordered to close because of violating laws and regulations, its archives should be handled with the decisions 4. The original solely foreign-owned enterprises may keep the reproductions of relevant archives if they need. Article 14 Those who have one of the following acts shall be dealt with administratively of shall be punished according to the seriousness of 1. Those who damage, lose or destroy without authorization documents, materials and archives which should be filed and kept; 2. Those who alter and fabricate archives; 3. Those who secretly sell and resell archives; 4. Those who secretly obtain and illegally take archives out of the country; and 5. Archivists who are derelict of their duty and cause losses. Article 15 This set of provisions are applied to the enterprises with foreign investment which are established on the Chinese mainland by companies, Article 16 The State Archives Administration is responsible for interpreting this set of provisions. Article 17 This set of provisions shall enter into force as of the date of promulgation. |
The Ministry of Foreign Trade and Economic Cooperation, the State Economic and Trade Commission, the State Archives
Administration
1994-12-29