Regulations for the management of urban and rural construction archives in kunming city
(publication of the kunming city people's government decree no. 110 of 21 november 2011, effective 1 january 2012)
Article 1 - to strengthen the management of urban and rural construction archives and to develop fully the role of urban and rural construction archives in urban and rural planning, construction and management, this provision shall be made in accordance with the laws and regulations of the people's republic of china, the law of the people's republic of china on urban and rural planning and the regulations on kunming city archives, among others。
Article 2 this provision applies to the collection, transfer, custody, use and management of urban and rural construction archives within the administrative area of the city。
For the purposes of this provision, urban and rural construction files are documentary materials that are directly derived from urban and rural planning, construction and management activities, and which are of value to the state and society for preservation and use, such as text, drawings, charts, sound images, electronic files, etc。
Article 3. The construction of the city's urban and rural archives is governed by the principles of unity of leadership, hierarchical management, preservation of the integrity and security of the archives, and the functioning of the archives to facilitate their social use。
Article 4 - administration of municipal urban and rural construction archives is responsible for the city's urban and rural construction archives and for the management of urban and rural construction archives in central urban areas。
The management of urban and rural construction archives within the jurisdiction is the responsibility of the district (city) and district urban and rural construction archives administration, outside the central urban area, and is under the operational direction and supervision of the higher urban and rural archives administration。
The urban and rural archiving agency, headed by the administration for urban and rural construction archives, is specifically responsible for the day-to-day management of urban and rural archives。
Article 5. The relevant administrative authorities for housing, transport, water, piping, gardening, environmental protection, earthquake mitigation and human protection shall cooperate in the management of urban and rural archives in accordance with their respective responsibilities。
Article vi. The management of archives for urban and rural construction is subject to the supervision and guidance of the administrative authorities of the same level。
Article vii. Financing for the management of archives for urban and rural construction is included in the sectoral budget of the institution responsible for the management of archives for urban and rural construction at the same level, in accordance with financial management at all levels。
Article 8
(i) archiving of construction works: consisting mainly of: industrial, civil and construction works; municipal facilities works; plumbing works; utility works; public transport infrastructure works; gardening, landscape and site construction works; environmental sanitation works; urban flood, earthquake and human defence works; military engineering archives, maps of the direction of underground pipelines crossing the city and related hidden works, except in restricted and military management areas
(ii) building the business management and business technology files generated by the professional management of the system
(iii) basic information on urban and rural planning, construction and management guidelines, policies, regulations, plans, scientific research and urban history, nature and economy
(iv) rural housing construction files, materials
(v) other urban and rural construction files and information of preservation value。
The methodology for the collection and management of rural housing construction records and data, as described in subparagraph (iv) above, is developed by the municipal urban and rural construction records administration, together with the housing and land administration, and is submitted to the municipality for approval。
Article 9 when issuing permits for the planning of construction works, and when issuing construction permits to the administrative authorities for housing and urban and rural construction, the urban and rural planning authorities shall inform the construction unit in writing, respectively, of the transfer of construction works files to the urban and rural construction archives, as required, and shall carry out inspections for the collection, collation and processing of the various components of construction projects。
In carrying out the verification of construction projects, the urban and rural planning authorities must verify the pre-receipt and acceptance of the construction project files issued by the urban and rural construction archives。
Article 10: the construction unit shall prepare the archives of the construction works in accordance with the relevant provisions for the management of the urban and rural construction archives, collect and organize in a timely manner the records of the various components of the construction project and transfer them to the urban and rural construction archives in accordance with the prescribed deadlines。
Operational management and operational technical files of permanent preservation value developed by the professional management of the building system are transferred to urban and rural construction archives in accordance with the relevant provisions。
Article 11: the transfer of urban and rural construction archives shall meet the following criteria:
(i) the documents filed are original
(ii) archiving documents are complete, complete, accurate and systematic; they are clear, graphic and uniform; and they are organized in accordance with national regulations on urban and rural construction
(iii) project completion plans are in line with those of the engineering entities and are complete and modified to conform to the specifications
(iv) pictures, images, sound files, electronic archives, etc., meet relevant standards。
Article 12 time limits for the transfer of urban and rural construction archives shall be in accordance with the following provisions:
(i) transfer to urban and rural reconstruction archives within six months of the completion of construction work
(ii) the inventory of urban underground pipelines, the files of underground pipelines created by daily maintenance, are transferred to urban and rural reconstruction archives within six months of the completion of the census and painting, and the management units of underground pipelines are transferred annually to urban and rural construction archives for the status maps and information of the modified, scrap, leaking sections
(iii) the road works files are handed over by the project legal entities to the urban and rural construction archives within six months of the completion of the work, in accordance with national regulations
(iv) one transfer every five years of operational management and operational technical files of permanent preservation value from the professional management of the building system to the urban and rural construction archives。
Article 13: the interim construction authority, established as a result of special construction projects and municipal projects, shall prepare the archives of construction works in accordance with the regulations and shall transfer them to the urban and rural construction archives on time; if the temporary construction authority is abolished, its establishment shall prepare the archives of construction works in accordance with the regulations and transfer them to the urban and rural construction archives on time。
The records of the construction works that have been suspended or suspended shall be kept in the temporary custody of the construction unit; if the construction unit has been cancelled, the records of the construction works kept in its custody shall be handed over to its superior administrative authorities or to the urban and rural construction archives。
The buildings, structures and various pipelines that have been built for use are incomplete, supplemented by units of ownership and handed over to urban and rural archives。
Article 14: institutions for the construction of archives in urban and rural areas shall establish and implement regulatory systems for the collection, preservation, collation, writing, statistics, identification, destruction, development, confidentiality and use of archives; improve the modern management of archival entities and archival information; and implement dual management of physical and electronic archives to ensure their safety and effective use。
Article 15: the maintenance and use of archives for urban and rural construction shall be governed by the following provisions:
(i) strictly observe the laws and regulations governing archives and the confidentiality of their work, and respect the prohibition or restriction of the use of the views of those who transfer them, donators or depositors, and defend their legitimate interests
(ii) citizens, legal persons or other organizations may hold valid documents such as identity papers, office letters, etc., and make use of the file in accordance with the relevant provisions of the file
(iii) in the use of archives, they shall not be erased, painted, altered or forged, trimmed or extracted。
Article 16: a copy of the urban and rural construction archives, stamped by the urban and rural construction archives, has the same utilization value and probative effect as the original archives。
Article 17: before applying for a permit for the planning of construction works, the construction unit shall check the files of the underground pipeline works in the construction section in the urban and rural areas and obtain information on the status of the underground pipeline in the construction section。
Article 18: the administration of municipal and municipal archives shall organize the preparation of plans for the computerization of municipal and municipal archives and the establishment of a unified information-sharing platform。
Article 19: the administrative authorities responsible for the construction of archives in urban and rural areas shall, in accordance with the law, investigate and punish violations of the regulations governing the management of archives in urban and rural areas, establish complaint and reporting mechanisms, receive social oversight, and provide timely feedback on the status of investigations or their handling to the complainants。
Article 20: in violation of this provision, within six months of the completion and inspection of the construction work, the construction unit shall, if it fails to hand over the construction works files to the urban and rural archives as required, be ordered to correct them by the administration of the urban and rural archives; if it is overdue, it shall be fined between $10,000 and $30,000; in serious cases, it shall be fined between $30,000 and $100,000。
Article 21. Any violation of this provision shall be punishable by a fine of 20,000 to 100,000 yuan, depending on the value and quantity of the file, by the administrative department for the construction of archives in urban and rural areas; by a fine of 1,000 to 5,000 yuan, respectively, for officials in charge and other persons directly responsible; by confiscation of the proceeds of the offence; by liability for damage caused; and by criminal liability in accordance with the law:
(i) the destruction, loss and theft of urban and rural construction files
(ii) failure to take effective management measures resulting in the loss of urban and rural archives
(iii) unauthorized destruction of urban and rural construction files
(iv) duplicating, painting, decorating or falsifying, cutting and extracting urban and rural construction files。
Article 22 other violations of this provision are punished by the relevant administrative authorities in accordance with the relevant laws, regulations and regulations。
Article 23: administrative penalties shall be imposed in accordance with the law for negligence, abuse of authority and favouritism by administrative authorities, management agencies and their staff in the management of archives in urban and rural areas; they shall constitute an offence and shall be subject to criminal liability in accordance with the law。
Article 24 this provision shall become effective on 1 january 2012. The regulations on the management of urban archives for capital construction in kunming city, issued by the kunming city people's government on 21 june 1999 (kung dynasty [1999]51), were also repealed。
