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MEASURES OF THE ARCHIVE OF THE MINISTRY OF FOREIGN AFFAIRS FOR OPENING ARCHIVES TO THE PUBLIC (TRAIL)
 
(Issued on January 8, 2004 by the Ministry of Foreign Affairs and come into force as of the same day)
     
     
SUBJECT : RECORDS; FOREIGN AFFAIRS; OPENING ARCHIVES TO THE PUBLIC
ISSUING DEPARTMENT : THE MINISTRY OF FOREIGN AFFAIRS OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 01/08/2004
IMPLEMENT DATE : 01/08/2004
LENGTH : 956 words
TEXT :
Article 1. In order to implement the policy of archives opening, to bring into full play the social benefit of the archives, and to better serve the work of foreign affairs and the society, the present Interim Measures are hereby formulated in accordance with the Archives Law of the People's Republic of China, the Implementing Measures of the Archives Law of the People's Republic of China, and by reference to the Measures for Archives Opening of National Archives at Various Levels.


Article 2. The archives collection of this Archive, which were formed more than 30 years ago and no longer need to be kept secret or be restricted from use pursuant to the relevant provisions, shall be reported to the leader group of appraisal and opening of foreign affairs archives of the Ministry of Foreign Affairs and to the State Council for approval, and be made available to the public regularly and in batches.


Article 3. The opening of any deposit archives shall be decided by the depositor or the legal successor thereof. If there is no legal successor, the opening of such archives shall be dealt with by this Archive in accordance with Article 2 herein.


Article 4. All the open archives of this Archive will be included in the catalogue of open archives, and the users may search them manually or by computer. The open archives will be provided for use by means of computer-based reading and some paper photocopies. The archive photocopies that bear the signature or stamp of the legal representative of this Archive shall have the same effects as those of the original archives.


Article 5. A user shall apply for reservation and use of open archives by filing a written application to this Archive 20 workdays prior to the use, and specify his/her identity and the purpose and scope of using the archives, as well as other relevant information, and may directly come to this Archive to consult the archives after receiving the notification.


Article 6. To use the open archives, a user may come to this Archive to consult, extract or make photocopies, either may he/she make consultation through telephone or letter. As a general principle, the open archives of this Archive are not to be borrowed out.


Article 7. As a general principle, photocopying of archives of this Archive shall be limited to those that have already been made open, and a user must fill an application form for photocopy if he/she needs to photocopy any archives, and upon approval, the photocopying shall be processed by this Archive.


Article 8. To use open archives of this Archive, if the user is a citizen of the mainland of China, he/she must show legal certificates such as his/her introduction letter of his/her work entity, the work certificate or identity card. If the user is a Chinese citizen of Hong Kong or Macao, a compatriot of Taiwan or an overseas Chinese, he/she must file a written application with the Archive of the Ministry of Foreign Affairs through the inviting mainland entity, cooperation entity or his/her work unit, and shall use the archives by taking with him/her valid certificates such as his/her China entry permit, mainland pass, and passport of the People's Republic of China, etc.


Article 9. Where foreign organizations and individuals are to use the archives in accordance with the relevant cultural exchange agreements concluded with the governments of various levels of China and the departments thereof, they may file the application with the Archive of the Ministry of Foreign Affairs through the relevant departments of China that concluded the agreements. With respect to the users using the archives through any other methods, they may file a written application with Archive of the Ministry of Foreign Affairs through the government agency of his/her home country or embassy stationed in China, and shall use the archives by taking the valid identity certificate. Other relevant use formalities shall be executed in accordance with the Trial Measures for the Use of Archives of China by Foreign Organizations and Individuals.


Article 10. A user coming to use the open archives must defer to the arrangements of this Archive and abide by the relevant rules, and this Archive will expostulate the rule-breaking user or deal with him/her otherwise regarding the circumstances. If the user damages any archives or relevant equipment, this Archive may order him/her to make compensation according to the value of the damaged item, or deal with the user otherwise; with respect to the illegal acts of publicizing without authorization or altering or forging the archives, as well as stealing archives, the offender shall be subject to legal liabilities according to law.


Article 11. Service charges shall be collected for use of the open archives of this Archive, and the principles, items, and standards shall comply with the Measures of the Archive of the Ministry of Foreign Affairs for Charging for Use of Archives.


Article 12. The right to publicize the archives kept here belongs to this Archive, no organization or individual has the right to publicize them without consent of this Archive. A user may cite the archives he/she extracted or photocopied in his/her research works, but may not publicize them in any form without authorization. The users are encouraged to present to this Archive their works or other academic achievements obtained by using the archives.


Article 13. This Archive compiles introductory word materials and search tools, and systematically edits collections and compilations of the open archives, and they are available to the public in a wider range.


Article 14. The power to interpret the present Measures shall remain with the Archive of the Ministry of Foreign Affairs.


Article 15. The present Measures shall come into force on the day of promulgation.
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