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Chapter Law Content

Title: Archives Act CH
Category: National Development Council(國家發展委員會)
Chapter 2 Archives Management
Article 6
Archives management shall observe the uniform planning and consolidated managing principle.
For the purpose of providing exhibition, research, preservation and education, items attached to the archives may be entrusted to a relevant agency.
Article 7
The operations of archives management are as follows:
1.Checking.
2.Classification.
3.Cataloging.
4.Preservation.
5.Retrieval and access.
6.Disposition.
7.Security control.
8.Other operations of archives management and providing required relevant facilities.
Article 8
The classification and cataloging of archives shall be carried out under the classification systems and cataloging guidelines prescribed by the central archives authority-in-charge.
The government agency shall submit its archives catalogs to the central archives authority-in-charge periodically.
The central archives authority-in-charge shall assemble and periodically publish national and government agency records catalogs with directions for their use archives.
The central archives authority-in-charge shall establish a research department to improve archives management and research, as well as to edit and publish relevant archives information.
Article 9
Archives may be stored in the form of microfilm or other methods. The implementation regulations for storing archives shall be enacted by the central archives authority-in-charge.
Each of the archives stored under the preceding paragraph shall be regarded as an original, authentic archive if it has been verified by an agency preserving it.
Duplications of archives shall be presumed as authentic if its authenticity has been verified by the agency storing it.
Article 10
In terms of retention periods, archives shall be classified into permanent and temporary records according to their characteristics and value.
Article 11
Permanent records shall be transferred to the central archives authority-in-charge. The regulation governing such transfers shall be drafted by the central archives authority-in-charge and to be approved by the Executive Yuan.
Article 12
Temporary records shall not be destroyed before the expiration of the retention period or contrary to the procedure as provided in the relevant regulations.
Before the government agency destroys archives, a catalog describing the contents of all such archives shall be submitted to the central archives authority-in-charge for review.
After archives have been approved by the central archives authority-in-charge for destruction, such archives shall be electronically stored before destruction if necessary.
The regulation governing retention periods and destruction procedure shall be drafted by the central archives authority-in-charge and to be approved by the Executive Yuan.
Article 13
A government officer, when transferring from one duty to another or resigning from a position, is obligated to transfer the archives under custody to the person taking over the position. The archives so transferred shall be kept in their entirety without any omission. None of them shall be omitted, destroyed or lost during such transfer.
The preceding paragraph also applies when a privately owned institution or entity becomes a government owned institution or corporation, and vice versa.
Article 14
The central archives authority-in-charge may act as donee, trustee or purchaser of any documents or records with permanent preservation value owned by a private individual or legal entity.
The donor of said documents or records may be encouraged or rewarded. The regulations governing such encouragement and rewards shall be enacted by the central archives authority-in-charge.
Article 15
If the government agency considers it necessary to preserve a written document or non-written item owned by a private individual or legal entity, the government agency may acquire it for the purpose of converting it into an archive in the form of microfilm or other methods
Article 16
The central archives authority-in-charge shall propose to the Executive Yuan to prescribe regulations governing the management of classified archives.