Effective timeliness
Issued by the State Administration for Industry and Commerce
Date of promulgation: 1993/08/23
Implementation date: 1993/08/23
Content classification, individual and private economic management
The document number is (1993)225.
The body of the first chapter general provisions
Article 1 In order to strengthen the archives management of private enterprises and give full play to the role of archives in the management of private enterprises, these Provisions are formulated in accordance with the Archives Law of People's Republic of China (PRC), the Provisional Regulations of People's Republic of China (PRC) on Private Enterprises and relevant regulations.
Article 2 The archives of private enterprises are historical records in different forms, such as words, charts, audio-visual images, etc., formed during the registration, supervision and management of private enterprises by the administrative department for industry and commerce according to law. It is an integral part of the national archives.
Article 3 The tasks of archives management in private enterprises are: receiving and sorting out archives materials of private enterprises, protecting the integrity and safety of archives materials of private enterprises, actively developing and utilizing archives materials, and providing basic information for the management of private enterprises.
Article 4 The administrative departments for industry and commerce at all levels shall manage the archives of private enterprises in accordance with these Provisions, and accept the business supervision and guidance of the administrative departments for industry and commerce at higher levels and the archives administration departments at the same level.
Article 5 The archives of private enterprises shall be established and managed by the administrative department for industry and commerce that has approved the registration.
Article 6 The archives of private enterprises shall be filed by households, with one file for each household and one file for multiple volumes. The archives of the branches of private enterprises are filed separately in the enterprise archives.
Branches established by private enterprises in different places shall be filed separately at their business places.
Chapter II Filing and Filing of Archival Materials
Article 7 The archival materials of private enterprises are composed of industrial and commercial registration materials, other registration materials, daily supervision and management materials and other materials:
A, industrial and commercial registration materials:
Application for business registration of private enterprises;
Resume of the person in charge of the private enterprise;
Application for the opening of private enterprises;
Articles of association of a limited liability company;
Partner agreement of the partnership enterprise;
Identification certificates of the applicant, partners and investors;
Certificate of site use;
Proof of funds;
Roster of management and technical personnel;
Department approval documents;
Other relevant documents prove.
Second, other application materials:
Application for change registration of private enterprises;
Application for change of registration, partner agreement and resolution of the board of directors;
Resume of the person in charge of the private enterprise;
Application form for relocation of private enterprises;
Application registration form for the establishment of branches of private enterprises in different places;
Application for cancellation of registration of private enterprises;
Application for cancellation of registration, partnership agreement and resolutions of the board of directors;
Creditor's right and debt settlement certificate or debt settlement guarantee;
Tax payment certificate;
Documents on the termination of the labor contract between the enterprise and the employee;
Business license;
Enterprise transfer agreement;
Other relevant application materials.
Third, the daily supervision and management materials:
Annual inspection reports of private enterprises and other annual inspection materials;
Illegal record materials, handling decisions and implementation;
If the business license or copy is lost, the application materials shall be reissued;
Report on the closure of private enterprises;
Report on the resumption of private enterprises;
Application for suspension of business, partnership agreement and resolution of the board of directors;
Other supervision and management materials.
Fourth, other materials:
Photocopy or photocopy of the title of invention, creation, technological innovation, patented product and famous product at or above the provincial or ministerial level;
Copies of various qualification certificates and product certificates;
Copies of the certificates of the deputies to the National People's Congress at or above the county level, CPPCC members and employees of private enterprises participating in democratic parties and social organizations;
Other materials with preservation value.
Eighth private enterprise registration, supervision and management personnel shall promptly hand over the archives materials formed in the process of registration management and supervision and management to the archives management personnel. At the time of delivery, ensure that the documents are complete, the pictures and texts are clear, the format standards are unified, and the delivery procedures are handled. Do not meet the requirements, the file management personnel will not be accepted.
Article 9 The received archival materials should be further sorted out, and the damaged materials should be repaired or copied, and the copy should be placed behind the original. Materials with narrow binding parts or handwriting should be lined with paper. Materials with too large a paper surface should be folded neatly according to the file size. A copy of the illegible materials shall be attached. Metal objects on materials should be removed.
Article 10 Archivists shall number the archival materials page by page in Arabic numerals according to the time of formation or natural order, with the front of the page number in the upper right corner, the back in the upper left corner, and the blank face not numbered.
Audio-visual materials should indicate the object, time and place of recording in words.
Article 11 Fill in the Catalogue of Registration Materials for the Opening of Private Enterprises, the Catalogue of Other Registration Materials for Private Enterprises, the Catalogue of Supervision and Management Materials for Private Enterprises and the Catalogue of Other Materials for Private Enterprises respectively according to the page-making order of the filing materials for private enterprises.
Article 12 The archival materials of private enterprises shall be sorted according to "industrial and commercial registration materials", "other registration materials", "supervision and management materials" and "other materials" and bound into volumes respectively. And stamp each type of home page with files. Indicate the document number and catalog number and put them in the document box. And according to the administrative district (16) serial number (6) filing number.
If there are documents and material descriptions in the filing materials, they should be filled in the reference table. At the same time, fill in the names and filing time of the archivist and examiner.
Newly-formed archival materials should be regularly rolled in.
Thirteenth fill in the private enterprise file retrieval card, the establishment of private enterprise file retrieval system.
Article 14 After a private enterprise cancels its registration, all volumes of archival materials shall be bound into one volume in the order of "industrial and commercial registration materials", "other registration materials", "supervision and management materials" and "other materials", and the original files of each volume shall remain unchanged.
After the cancellation of registration, the archives of private enterprises shall be stored separately, and a retrieval system for the cancellation of registration of private enterprises shall be established.
Chapter III Preservation of Archives
Fifteenth private enterprise archives to keep permanent files.
Sixteenth private enterprise archives should be managed by special personnel, and keep the management personnel relatively stable. Archives management personnel should be familiar with private economy management and archives management, and have a high sense of responsibility. When the file management personnel are transferred, they should do a good job of file handover and go through the handover procedures before leaving.
Seventeenth private enterprise archives should have special equipment, and should have anti-theft, fire, moisture-proof, rat-proof, insect-proof, light-proof (anti-ultraviolet), dust-proof and other facilities.
Eighteenth private enterprise audio-visual archives should be copied regularly according to its preservation period.
Nineteenth private enterprise archives management personnel should regularly check and inventory files, and make records. For damaged, moth-eaten, rat-bitten, deteriorated and faded files, preventive measures should be taken in time, and they should be repaired and copied. If you find that the file is lost, you should report it to the leader immediately, and actively look for it and write a report.
Twentieth actively adopt modern management methods, and gradually realize the computer management of private enterprise archives, so as to improve the management level and utilization efficiency of archives.
Chapter IV Utilization of Archives
Twenty-first the use of private enterprise archives, must hold a letter of introduction and other legal documents, with the consent of the file management personnel and the competent departments (departments, units) responsible for the file.
Copies of archival materials of private enterprises shall be checked with the original by the archives management personnel, and stamped with the seal of proof.
Twenty-second access to private enterprise archives should have a special place, and pay attention to guardianship. Users of private enterprise archives shall not modify, deface, mark, tear up, transfer, lose, destroy or lend archival materials.
Twenty-third without the authorization and approval of the administrative department for Industry and Commerce where the archives are stored, no unit or individual has the right to publish the contents of the archives of private enterprises.
Twenty-fourth in addition to the public security, procuratorial, legal and industrial and commercial administrative organs, any unit and citizen shall pay for the use of private enterprise archives, and the charging standards shall be implemented with reference to the standards formulated by the State Archives Bureau and the State Price Administration Department.
Chapter V Supplementary Provisions
Twenty-fifth private enterprise archives volume, volume box, directory page, reference table, can refer to the "People's Republic of China (PRC) National Standard" GB 9705-88.
Article 26 Local administrative departments for industry and commerce may formulate specific filing systems, file keeping systems, file secrecy systems, file utilization systems and post responsibility systems for file managers in accordance with these Provisions.
Article 27 These Provisions shall come into force as of the date of promulgation.