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法規名稱(Title) Notice for Public Usage of Files of New Taipei, Administrative Enforcement Agency, Ministry of JusticeCh
公發布日(Date) 2020.05.27
法規沿革(Legislative) Promulgated on March 19 , 2010 ; Effective from March 14 , 2010.
Amendment to Articles 1 , 3~5 , 8 , 9 , 11 , 12 and the name of Notice promulgated on January 12 ,2012 ; Effective from January 1 , 2012.
Amendment to Article 3 and the annex 1 promulgated on October 19 , 2017 ; Effective from October 18 , 2017.
Amendment to Articles 1~14 on May 2 , 2019 ; Effective from April 30 , 2019.
Amendment to Articles 2~14 and addition of Article 15 promulgated on December 18 , 2019 ; Effective from December 18 , 2019.
Amendment to Articles 15 on May 27 , 2019 ; Effective from May 27 , 2019.
法規內文(Content)

Notice for Public Usage of Files of New Taipei Branch, Administrative Enforcement Agency, Ministry of Justice


Amendment to New Taipei Branch Executive Secretary No. 10902002590 on May 1, 2020



1.     New Taipei Branch, Administrative Enforcement Agency, Ministry of Justice (Hereinafter referred to as this branch) has specially formulated this notice in order to handle the relevant usage requirements of the Archives Act.



2.     This notice file refers to the written or non-text data and its attachments managed according to the management procedures referred to in Article 2 (2) of the Archives Act.



3. To apply for reading, copying or duplicating files (hereinafter referred to as file usage), you should fill in the "New Taipei Branch, Administrative Enforcement Agency, Ministry of Justice File Usage Application Form" (see annex 1) or write down the following information and submit it to this branch office in order to apply:



(1)Applicant's name, date of birth, phone number, residence (home), and identity document number. If it is a legal person or other group with a manager or representative, its name, office or business office and the name of the manager or representative, date of birth, telephone, residence (home).



(2)If there is an agent, its name, date of birth, telephone, residence (home), identity document no.; if the agent is intended, a letter of appointment (such as annex 2) should be submitted; if the agent is legal, it should describe their relationship, and inspect the relevant supporting documents.


(3) Application items.


(4) File name or main content.


(5) File number.


(6) Purpose of application.


(7) If it is necessary to use the original file, its cause.


(8) Application date.


The application mentioned in the preceding paragraph shall be delivered in person or in writing.



4. File management unit shall first check whether the content of the application case meets the requirements when handling an application for file use. If the procedures or data are not complete, the applicant or its agent (hereinafter referred to as the applicant) shall be notified to make corrections within seven days. Those who make corrections or cannot make corrections may have their applications rejected. The approval/rejection of the application shall be decided within 15 days from the date of receipt; it may be extended if necessary. However, the extension shall not exceed 15 days, and the applicant shall be notified in writing of the result of approval / rejection (approval / rejection notice, approval / rejection form, and list of approval / rejection, such as Annex III), and shall specify the following:



(1) The purpose of usage approval/rejection of files.



(2) File usage, time and place.



(3) Precautions for use of files and charging standards.



(4) Relevant supporting documents should be carried.



5. The approval / rejection of file usage in this branch shall be handled in accordance with the provisions of Article 18 of the Archives Act, Article 18 of the Government Information Disclosure Act, Article 46 of the Administrative Procedure Law and other laws and regulations.



 



6. In principle, reproduction of the original is provided in regards to the usage of files. If it is necessary to use the originals, the reasons should be recorded at the time of application.



7. The files provided for use, if some of them need to be restricted from being disclosed or provided, the "separation principle" should be adopted, in which the non-public parts or parts that cannot be provided shall be removed, only disclosing other parts that can be made public or  provided.






8. Applicants should present the approval/rejection notice and identification document with their own photos when using the files at this branch office. After completing the registration procedure in accordance with the regulations, they can enter the file usage premises of this branch office. Applicants are asked to sign the file with a receipt (such as Annex IV). The applicant shall be accompanied by the files management staff of this branch when using the files.



9. Applicants should note the following when entering the file premises:



(1) Ban on eating, smoking and loud noise.



(2) Do not damage the environment and cleanliness.



(3) It is forbidden to carry tools such as ball-point pens, writing brushes, etc., which can easily damage files.



(4) When copying files, use only a pencil or portable computer without an eraser.



(5) It is forbidden to bring personal belongings without permission of this branch.



(6) Without permission of this branch, unauthorized use of power supply is prohibited.



(7) The equipment provided for use by this branch must be carefully maintained and must not be damaged.



If it is necessary to leave the archives premises, the original archives as well as the reproductions should be kept by the archives management staff of this branch.



10. Applicants who use files shall keep the files intact and shall not:


 (1) Add notes, alter, replace, extract, circle or deface files.


(2) Dismantle the files that have been bound.


(3) Damage or alter the contents of the file by other methods.


The use of files involving copyright matters shall be handled in accordance with the Copyright Law and relevant regulations.


11. When using the file, if the applicant violates the provisions of points 9 and 10, this branch may stop its use and record it;


Those involving criminal acts are transferred to prosecutor's office for investigation.


12. Files that have been provided for shall not be taken out of the file usage premises and shall be returned daily.


The return of the foregoing item shall be returned to the applicant after the receipt of the receipt is used by the archives management staff of this branch according to the receipt of the receipt.


13. The files premises of this branch office are open for use from 9 am to 11.30 am and 2 pm to 4.30 pm from Monday to Friday. Regular and national holidays are not open to the public.


14. The fee for the use of files shall be paid by the applicant in accordance with the "Charging Standard for Record Reading and Copying" set by the Archives Administration of the National Development Commission.


15. If there are any outstanding matters in this point, other relevant laws and regulations shall apply.


圖表附件(Attachments)