Archival Legislation in Macao - Law
1. The temporary preservation of records consists in their being kept, by the services or institutions to which they belong, during minimum periods of time.
2. If copies of the records are produced, the same retention periods as stipulated for the originals shall apply.
(Destruction of records)
Records are destroyed once their retention period has expired or after they have been copied onto supports provided by law.
1. Documents for permanent conservation cannot be eliminated and must be:
a) Preserved in the services or institutions to which they belong, whenever they might be of value to them;
b) incorporated into the Historical Archives as permanent archives, in accordance with the scope of responsibilities defined by article 13, , according to the terms of the following article.
2. In the cases referred to in sub-paragraph b), the services or institutions to which the documents belong may copy them, whenever deemed necessary.
1. Incorporation consists in the transfer of documents to the Historical Archives, either as permanent archives or deposits, from the services or institutions where they originated..
2. The incorporation in the Historical Archives of the documentation of all public services is mandatory, except in those cases where, by force of law, such documentation must be kept and preserved in the institutions or services to which it belongs.
3. The Historical Archives must also receive:
a) The originals of official documents published in the Government Gazette, in accordance with article 39 of Decree-Law no 42/85/M, of 18th of May;
b) The documental sources of the Legislative Assembly;
c) The documental sources of the courts;
d) The documental sources of public services with legal/financial autonomy;
c) The documental sources of the town councils;
f) The documental sources of collective persons with public administrative interest;
g) The documental sources of the public companies.
4. The incorporation of documentation referred in subparagraph c) of paragraph 3, as well as that from notaries public and registries is processed according to the legislation in force in the respective institutions and services, and taking into account the condition prescribed in the last part of paragraph 2.
1. The selection criteria, the retention periods of the records and their disposition are established by decree-law, following a proposal from:
a) The Council referred to in article 19, for the management supporting documentation and the documentation related to general administrative procedures;
b) The institution or service, when the documentation is produced in the scope of its own competences and specific activities.
2. In the situations referred to in subparagraph b) of the previous article, the proposals shall be submitted to the legal opinion of the Civil Service Bureau and the Historical Archives, to be deliberated upon within one month.
(General Archives of the territory of Macau)
1. The Historical Archives, as the general archives, has the following duties:
a) Establish an inventory of the documentation of historical interest of the territory of Macau;
b) Carry out the incorporation of archives, either as definitive archives or as deposits;
c) Provide legal opinions on issues related to documentation of historical interest of the territory of Macau;
d) Propose the exercise of right of preference, according to the law, as well as the borrowing of documents and the exchange of their reproductions;
e) Exercise the right to claim over records, or archives alienated from their deposits, regardless of their nature, location or the historical period to which they refer;
f) Promote the recovery of documents belonging to the Public Administration;
g) Verify the historical interest of documents belonging to private organizations and persons and propose their classification according to the law, asking, whenever necessary, the legal opinion of experts.
2. The Historical Archives deposits its security archive in the Arquivo Histórico Ultramarino (Historical Overseas Archive) by means of a protocol to be established.
(Private archives of public interest)
The regulation of private archives of public interest is referred to in articles 15 through 17.
(Classification of private records)
1. Records belonging to private persons and having historical interest may be classified by means of a decree-law issued by the Governor, based on a proposal from the Historical Archives, in consultation with the General Council of Archives, following notification and consultation with the owner in question.
2. The classification of records belonging to private persons does not imply their rendition to the territory.