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The local civil affairs bureau is responsible for supplementing the files, and the civil affairs bureau shall be liable for compensation for the economic losses caused by the files.
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Go to court and sue ......
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Legal analysis: According to the law, if a personal file is lost, on the one hand, the individual can urge him to seriously search for the file, and on the other hand, he can report to the archives management department, and the archives management department will correct the loss of the file. If a student files a lawsuit in court, he or she can only sue for infringement of his or her ownership of the file, but the property value of the file is difficult to determine.
Legal basis: "Archives Law of the People's Republic of China" Article 24 Any of the following acts, by the people's archives administrative management department at or above the county level, the relevant competent departments shall give administrative sanctions to the directly responsible managers or other directly responsible personnel in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law: (1) destroying or losing archives belonging to the state; (2) Providing, transcribing, publishing, or destroying archives owned by the State without authorization; (3) Altering or falsifying archives; (4) Violating the provisions of Article 17 of this Law by selling or transferring archives owned by the State without authorization; (5) Selling or donating archives to foreigners or foreign organizations; (6) Violating the provisions of articles 10 and 11 of this Law by failing to file or transfer archives on time; (7) Clearly knowing that the archives they have preserved are in danger and not taking measures, causing the loss of archives; (8) Archives staff derelict their duties, causing losses to archives.
In the use of archives in the archives, there are illegal acts in items 1, 2, and 3 of the preceding paragraph, the people's archives administrative department at or above the county level shall give a warning and may impose a fine; and where losses are caused, compensation for losses shall be ordered. Where enterprises, public institutions, or individuals have illegal acts in items 4 or 5 of the first paragraph, the administrative department for people's archives at or above the county level shall give a warning and may be fined; where there are unlawful gains, the unlawful gains shall be confiscated; and may requisition archives sold or donated in accordance with the provisions of Article 16 of this Law.
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If the personal file is lost, the file will be reissued according to the following process:
1. First of all, you need to contact the relevant teachers of the graduation school, explain the loss of personal files to the teacher, and then ask the teacher about the materials needed to reissue the personal file and the process of file reissuance.
2. Then bring the relevant materials (the original and copy of my ID card, the first page and personal page of the household register, the graduation certificate, the academic record form of the academic information network, the electronic inch photo of the student period, etc.) to the graduation school to find the relevant teacher, submit an application for reissuing the file, and then fill in an application form for file reissuance, and submit the information to the teacher for verification.
3. After the teacher verifies that the information is correct, he will fill in the missing materials in the file in accordance with the file reissue process stipulated by the school, and the high school information and college information in the personal file can be reissued according to the above process.
It is worth noting that the high school file in the personal file should be filled in if it is lost, because the high school file is also part of the personal file, and if it is not completed, then the personal file is incomplete and will lose its validity.
4. If the personal file contains work experience-related materials, then it is also necessary to go to the original unit for re-issuance, and if there is no work experience-related information in the personal file, it does not need to be reissued.
5. In short, if the relevant information in the file is lost, it is necessary to reissue the corresponding information, otherwise it will affect the storage and use of personal files.
6. After the missing materials in the personal file are completed, it is necessary to ask the relevant staff to put the information into the file bag, and then reseal the personal file, and finally affix the official seal.
7. After the completion of the personal file reissue, you need to carry out the file trusteeship, and you must not let the personal file stay in the hands of the individual for a long time, if the personal file is kept in your hands for a long time, then the file will become appropriate, and the file can not play the role that the file should have.
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Archives are generally not easy to lose, because the channels for the circulation of archives are relatively closed, you can try to find them first.
If you really can't find it, or if you have already confirmed that you have lost it, you can only reissue it.
If you want to reapply, you need to contact the school, the Education Bureau, the Career Service Center, etc., and the specific situation needs to be combined.
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Hello dear, <>
I'm glad to answer for you, the Civil Affairs Bureau lost the file many years ago, and the unit is goneFirst of all, you need to collect relevant evidence to prove your identity, work experience, and the information that may be contained in the file. This may include documents such as proof of employment, ID card, household register, etc. You can contact the Civil Affairs Bureau to find out how they handle lost files.
Please provide evidence of the lack of socks you have collected and explain your claim. The Civil Affairs Bureau may provide some advice, such as assisting you in finding other departments where your file may be kept. According to the advice of the Civil Affairs Bureau, you can contact other relevant departments, such as the Human Resources and Social Security Bureau, the Archives, etc., to see if they may have your file.
If possible, provide the evidence you have gathered so they can verify it. If other departments do not find your file, you can try to apply to the Civil Affairs Bureau for a reissue. Please bring the evidence you have gathered and other relevant documents, fill out the application**, and pay the appropriate fee.
After your file is successfully reissued, the Civil Affairs Bureau may re-file your file. This will bring your file back to normal so that you can go through the formalities in the future. <>
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Article 48 of the Archives Law.
Where units or individuals exhibit any of the following conduct, the departments in charge of archives at the county level or above and relevant organs are to give sanctions to the directly responsible managers and other directly responsible personnel in accordance with law:
1) Loss of archives belonging to the State;
2) Providing, transcribing, reproducing, or publishing archives owned by the state without authorization;
3) Buying, selling, or illegally transferring archives owned by the State;
4) Altering, destroying, or falsifying archives or destroying archives without authorization;
5) Selling or donating archives to foreigners or foreign organizations;
6) Failure to file or transfer archives on time, and refusing to make corrections when ordered to make corrections;
7) Failing to open or provide archives for use to the Social Laughter Wheel in accordance with regulations;
8) Clearly knowing that there are potential archives security hazards and not taking remedial measures, causing damage or loss of archives, or where there are potential archives security hazards and being ordered to rectify within a time limit but failing to do so within the time limit;
9) After an archival security incident occurs, the letter does not take rescue measures, or conceals it, fails to report it, or refuses to investigate;
10) Archives staff derelict their duties, causing damage or loss of archives.
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If the file is lost, it can be re-examined, and the content of the reissue is: from high school to university, various student status materials, admission notice, student status card, transcript, graduation certificate, college entrance examination name, graduation school, fill in the volunteer, college entrance examination scores, admission notice, etc.; The credits, graduation appraisal, graduation, etc., the registration card, recruitment procedures, labor contracts, etc. of each course in the university, and these materials must be stamped with the official seal to ensure the authenticity of the materials.
Article 7 of the "Measures for the Management of Personnel Files" Third, the materials filed and filed must be carefully identified to ensure that the materials are authentic, the text is clear, and the procedures are complete. If the materials need to be reviewed and sealed by the organization or signed by the person, they should be filed after the seal and signature.
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1. Apply to the relevant departments for re-issuance of files as soon as possible. If the personnel file is accidentally lost, and it is impossible to handle retirement and other matters, it must be reissued.
2. The employee shall provide the original and photocopy of the ID card and household registration, and apply to the labor and social security department for file reissuance and filing.
3. The employer or individual employee shall go to the original recruitment department, the municipal archives, the territorial archives of the employer or other relevant departments to find and copy the following employee file requirements: seniority confirmation form, salary inspection and sealing card, labor contract, recruitment procedures, etc. Copies of the above materials must be stamped with the official seal of the filing unit to be valid.
4. If the requirements of the employee's file cannot be completed, the labor and social security administrative department at the same level shall issue a certificate on the basis of the materials recorded in the basic information of social security.
5. If the employee's file is reissued, the principle of localized identification of labor and social security management authority shall be implemented, that is, if the labor and social security administrative department at the same level has reviewed and approved the materials and the content is true, the labor and social security administrative department at the same level shall issue a labor relationship identification letter.
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