Quyết định 03/QD-CBQTG

DECISION

ISSUANCE OF THE REGULATIONS ON CLERICAL AND ARCHIVAL WORK OF THE COPYRIGHT OFFICE

DIRECTOR OF THE COPYRIGHT OFFICE

- Pursuant to Decision 521/TC-QD on 6 March 1997 by the Minister of Culture and Information defining functions, tasks, powers and organization of the Copyright Office;
- Pursuant to the Regulations on clerical and archival work of the Ministry of Culture and Information issued attached to Decision 36/2001/QD-BVHTT on 25 June 2001;
- On proposals of the Head of the General Administration Section of the Copyright Office;

DECIDES

Article 1. To issue attached to this Decision the “Regulations on Clerical and Archival Work of the Copyright Office.”

Article 2. The Regulations shall come into effect within 15 days after the signing date. Previous regulations contrary to these Regulations shall be abrogated.

Article 3. The Heads of the General Administration Section, the Copyright Management Section, the Information Associations Management Section, the Chief Representative of the Copyright Office in Ho Chi Minh City and all civil servants in the Copyright Office shall be responsible to implement this Decision.

REGULATIONS

ON CLERICAL AND ARCHIVAL WORK OF THE COPYRIGHT OFFICE
(Issued attached to Decision 03/QD-CBQTG on 28 November 2001 by the Director of the Copyright Office)

Chapter I

GENERAL PROVISIONS

Article 1. Applicable entities and scope

The clerical and archival work in the Copyright Office includes professional activities, from drafting and issuing documents, managing and dealing with documents, managing the seals, setting up working files, collecting, supplementing, keeping and using archives in order to serve promptly and effectively the State management and other activities of the Copyright Office.

All professional activities in terms of clerical and archival work of the Copyright Office shall be adjusted by the Regulations and the “Regulations on clerical and archival work of the Ministry of Culture and Information” issued attached to Decision 36/2001/QD-BVHTT on 25 June 2001, the Ordinance of State secrets, other existing legal documents on documents and archives.

The Regulations shall be applied consistently in all sections and the Representative in Ho Chi Minh City administered by the Copyright Office.

Article 2. Responsibilities for implementation

The head of the General Administration Section of the Copyright Office shall be responsible to the Director for clerical and archival work of the Copyright Office and for organizing and managing clerical and archival work of the Copyright Office in conformity with the current regulations by the State, the Regulations on Clerical and Archival Work of the Ministry of Culture and Information and these Regulations.

The heads of the sections and the Chief Representative administered by the Copyright Office shall be responsible to organize and manage clerical and archival work in their sections or representative office in line with these Regulations and the Regulations on Clerical and Archival Work of the Ministry of Culture and Information, the existing legal documents of the State on clerical and archival work.

All cadres and civil servants in the Copyright Office concerned with clerical and archival work shall have responsibilities to realize the Regulations.

Article 3. Budget for clerical and archival work

The budget for clerical and archival work shall be estimated and spent in conformity with the budget plan approved by the Ministry of Culture and Information. The use and management of this budget must follow the current regimes.

Chapter II

CLERICAL WORK

Section 1. CONTENTS, ORGANIZATION AND DUTIES OF THE CLERICAL WORK

Article 4. Contents of clerical work

1. Drafting and issuing documents

- To draft documents

- To approve documents

- To type and duplicate the approved documents

- To sign documents

- To issue documents

2. Managing and dealing with documents

- To manage and deal with the incoming documents

- To manage the outgoing documents

- To set up and offer the document files to the archival agencies

Article 5. Clerical unit and its major tasks

The General Administration Section shall appoint employees to do clerical work.

The major tasks of clerical civil servants are as follows:

- To carry out procedures for outgoing documents

- To carry out procedures for incoming documents

- To coordinate with the civil servants in charge of general affairs in the Section to assist the head in monitoring the processing of outgoing documents;

- To arrange, keep the copies and perform the reference and exploitation according to work demand;

- To prepare introductions and travel-warrants for civil servants and cadres;

- To manage and use seals.

Section 2. DRAFTING DOCUMENTS

Article 6. Categories and forms of documents

1. Documents of the Copyright Office include all documents composed during the process of management, direction, operation and performance of different work in order to execute the functions, tasks and powers of the Copyright Office.

Documents of the Copyright Office include: Decisions, Regulations, Administrative documents, Notices, Reports, Statements, Projects, Programs, Plans, Minutes, Contracts, Certificates, Invitations, Licenses, Introductions, Travel Warrants, Proxies, Authorizations, Leave of Absence.

2. The process of drafting and issuing legal documents shall be stipulated by the Law on the Issuance of Legal Documents on 23 November 1996.

3. To be issued, all documents must be formatted in the specified layout: Country’s name, office’s name, number and code, locality and date, category and subject, contents, title, full name and signature of the competent entity, official seal, recipients, “Urgent” or “Secret” seals (if necessary) (02 enclosed annexes).

Article 7. Drafting documents

1. The sections or the representative office assigned to draft documents shall be responsible for the contents, format and legality of the documents. Relying on specific documents, the Director can request suggestions or supplementary ideas from the relevant units or individuals to complete the documents before signing and issuing them. All draft documents must be examined by the signatories or their proxies before typing. A draft document must be submitted enclosed with all related documents and materials for approval. The official documents must be submitted attached with the approved drafts for signing. No person is allowed to amend or supplement the approved drafts. If necessary, the amendment or supplementation must be decided by the signatories. The documents submitted to the management of the Ministry of Culture and Information for signing must be initialed by the Director of the Copyright Office.

The section heads and the chief representative must initial documents before submitting them to the Director.

2. The General Administration Section shall be responsible to finalize the documents’ format before sealing. All mistakes in the documents (format or contents) must be reported to the signatories who will request the section heads or the chief representative, who has been assigned to draft the documents, to correct and perfect the documents.

3. The title and full name of the signatories must be noted clearly and accurately as stipulated.

Article 8. Typing and duplicating documents

1. Layout, format, code and symbols, font, size in the documents must be consistently applied as stipulated by the Government and the Ministry of Culture and Information (02 enclosed annexes).

The documents must be typed accurately in the stipulated quantity and schedule. The section heads or the chief representative assigned to draft the documents shall be responsible to check the typed documents before submitting them to the Director for his signature.

2. Documents to foreign organizations and individuals as well as reports and speeches at international seminars or meetings must be written in Vietnamese for approval. They must be enclosed with the unofficial translation in the required foreign languages.

Section 3. ISSUING DOCUMENTS

Article 9. Signing documents

1. The Director shall sign all documents within the Office. The Director can authorize the Vice Directors to sign the documents on his behalf and the documents relating to their assigned fields.

In case the Director and all Vice Directors are absent, the Director can authorize in writing one of his subordinate managerial cadres to sign some documents (attached with the written authorization) in specified periods:

- To sign introductions, travel-warrants, and leave of absence (in line with the approval by the Director)

- To sign other documents authorized by the Director.

The section heads or the chief representative shall sign documents by order of the Director when authorized by the Director.

2. Not to use pencil, red or fading ink pens to sign documents.

3. The number of the original copies and the issuance time shall be decided by the signatories. Nobody is allowed to duplicate and keep the signed documents without seal after the issuance of the documents.

4. The signed and sealed documents that are permitted to be issued must be issued on schedule.

Article 10. Copying documents

1. The copy of the documents issued by the Copyright Office, by the Ministry of Culture and Information and by the higher authorities, which are to be sent to other units, shall be decided by the Director.

2. The documents shall be consistently copied in two categories - “Certified true copy” and “Excerpted copy.” The format of the copied documents shall consist of “Certified true copy” or “Excerpted copy”, name of the office copying the documents, number and code of the copy, location and date, title, full name and the signature of the competent entity, and official seal.

3. Nobody is allowed to copy the comments or opinions in the document’s margins and spread them out of the office. In case the comments or opinions in the margins by the Director are necessary for working transactions, they must be made official in separate administrative documents.

4. The true or excerpted copies with the proper form shall have the same validity as the original. The documents used for copying must be the original or a copy with the same validity.

Section 4. RECEIVING AND DEALING WITH DOCUMENTS

Article 11. Receiving documents

“Outgoing documents” include the documents sent to the specified addresses by the Copyright Office.

“Incoming documents” include the documents from other organizations and individuals sent to the Copyright Office.

“Outgoing documents” and “Incoming documents” shall be registered by the clerical staff of the Copyright Office. The General Administration Section shall submit only the registered documents to the Director.

“Outgoing documents” and “Incoming documents” shall be numbered from 01 (for the first document on the first working day of the year), and ending with the number of the last document on the final working day of the year. The registration book for “Outgoing documents” and “Incoming documents” shall follow the form issued by the State Archives Bureau.

Article 12. Dealing with outgoing documents

1. The clerical staff shall check the format of outgoing documents, enter their number and date in the registration book, seal (secret seal if necessary) and send. The documents with “Urgent”, “Very Urgent”, “Express” shall be immediately delivered after registration to ensure the receipt deadline noted on the envelope.

2. At least two (02) originals of each outgoing document and its annexes (if available) shall be kept, one by the clerical staff and one in the working archives of the section where the document is drafted.

3. The signatories shall, relying on the work requirements, decide the delivery of documents to competent agencies (for supervision, settlement, implementation or report).

4. Documents from a higher level to a lower level and vice versa shall be delivered to the direct competent level in proper sequences. In a special case, a copy of the document shall be sent to the direct competent agency.

Article 13. Dealing with incoming documents

1. The clerical staff shall open incoming documents, classify, mark them “Incoming”, register and submit them to the Director for his comments. Then they shall deliver the documents to the recipients as directed by the Director on the day of receipt. In case the envelope is marked as “Secret” (A), “Absolute Secret” (B) and “Top Secret” (C), after registering, the clerical staff shall deliver the documents directly to the recipients.

2. Upon discovering “Incoming documents” with incorrect forms (without number, issuance date, seal or signature; or by incompetent signatories, etc.), the clerical staff shall report to the Director and return the documents to the senders.

3. The general specialist-assistants of the Director shall send the documents marked as “Incoming” accepted by the Director for further delivery to the recipients.

4. “Secret”, “absolute secret” and “top secret” incoming documents, or those to Party cells, trade union and youth union organizations shall not be opened by the clerical staff. Before delivery to the recipients, they shall be registered and the recipients shall have to confirm the receipt by signing in the registration book.

The documents to other countries or international organizations or foreign organizations and individuals (including fax) shall be approved by the Director. The originals of all faxes must be kept and registered. If sent via email, the documents must be printed out for the Director to check before sending. The General Administration Section shall monitor all incoming and outgoing faxes. A fax-sender must record all necessary information and keep a fax copy in the “outgoing” book. The incoming faxes shall be kept in the “incoming” book. At the end of the working year, the archivist shall be responsible to collect the incoming and outgoing books for archives.

Section 5. MANAGING DOCUMENTS, MANAGING AND USING THE SEALS, SETTING UP A WORKING FILE

Article 14. Managing documents

1. The head of the General Administration Section shall be responsible to organize the management of incoming and outgoing documents in accordance with the provisions and to monitor the treatment of all documents for the sake of effective clerical and archival work.

2. The clerical specialists shall directly undertake the work under their competence.

Article 15. Managing and using the seals

1. The head of the General Administration Section shall be responsible to the Director for the management of seals.

The seals must be kept by the clerical specialists in the working office of the General Administration Section. No seal is to be taken out of the General Administration Section or the Office. The seals must be kept safe in and out of working hours. After sealing, the clerical specialists shall store the seals in the chest which must be locked.

2. The clerical specialists in charge of managing the seals shall only seal documents with correct forms and signed by the competent entities.

The seal must be applied in a correct and clear manner, covering one-third of the signature on the left.

The enclosed annexes shall be sealed on the left upper corner. The seal shall cover the first line with one-third of its diameter (hanging seal). An annex of two pages or more must be marked with a single impression of the seal appearing on all pages.

When sealing documents not kept by the clerical staff (contracts, inspection minutes, certificates, etc.), the clerical staff must register them in a specific book.

Applying the seal to a blank document is strictly prohibited.

3. When a seal becomes worn or deformed, the seal keeper must report to the Director to permit procedures to remake the seal.

Article 16. Setting up a working file

All civil servants, when dealing with specified work, shall have to create working files. Only civil servants in charge of professional activities relating to documents can create files.

All irrelevant or referral documents must not be included in the files.

The clerical specialists of the General Administration Section shall be responsible to instruct civil servants to set up their working files as stipulated by the State Archives Bureau.

Chapter III

ARCHIVAL WORK

Section 1.

Article 17. Archival work and documents for archives

1. Archival work is a professional activity to collect, supplement, correct, evaluate, preserve, exploit and use, cancel invalid documents and archives and select documents for historical archives.

2. Archives of the Copyright Office shall be the originals, masters or legal copies of practical and historical value created during the Office’s operation and selected and kept at the Office’s archives.

Article 18. Archivist’s duties

Archivists in the General Administration Section shall have duties as follows:

- To instruct, check and speed up all sections and individuals in the Office to create files and contribute their files and documents to archives;

- To collect files and documents for archives;

- To correct and evaluate documents, to devise tools for statistics and reference;

- To protect and preserve archives;

- To serve the exploitation and use of archives;

- To make periodical and unscheduled reports and statistics as stipulated by the State and the Ministry;

- To introduce information technologies into archival work;

- To plan the construction, improvement and upgrading of storehouse, facilities and devices for archives.

Section 2. COLLECTION, SUPPLEMENTATION AND MANAGEMENT OF FILES AND DOCUMENTS

Article 19. Collection, supplementation and management of files and documents

1. All cadres and civil servants shall have to contribute their files and documents to the archives of the Copyright Office after every working year. In case individuals need to keep certain files and documents, they shall have to inform the archivists in writing; and the duration to keep files and documents shall not exceed one year. Documents contributed to the archives of the Copyright Office must be organized in files.

The Copyright Management Section shall be responsible to keep the files on copyright registration and on dealing with complaints and claims in conformity with the existing regimes.

2. Cadres or civil servants, when changing jobs, quitting jobs or retiring on a pension, shall have to hand over all files and documents to the archives of the Copyright Office. They are not permitted to keep files and documents of the Copyright Office as their personal property or take them to other agencies.

Cadres or civil servants dispatched by the Director to attend conferences or seminars at home and abroad shall have to deliver all related documents to the Information Associations Management Section after their repatriation for management and further exploitation to serve the Office’s professional work.

3. Annually, the archivists of the Copyright Office shall collect files and documents for archives, namely:

- To plan the collection of files and documents;

- To coordinate with all sections and individuals to identify necessary files and documents for archives;

- To instruct and assist the sections and individuals to prepare files and documents for archives;

- To prepare facilities and other equipment to preserve documents;

- To receive documents and do delivery/receipt procedures.

The delivery of files and documents must be recorded in writing, attached with the lists of delivered files and documents.

4. Files and documents with permanent validity as historical archives shall be kept and preserved at the Copyright Office for ten years after the work ends. When this duration expires, these files and document shall be contributed to the historical archives.

Files and documents of the Copyright Office which are not contributed to the historical archives shall be kept at the archives of the Copyright Office until they become invalid. If they are not necessary for archives, they must be cancelled.

Section 3. EVALUATING AND CANCELING DOCUMENTS

Article 20. Evaluating documents

The evaluation of documents to keep valuable documents and take out the invalid shall be conducted by the Evaluation Council.

Article 21. Members and working method of the Evaluation Council

1. Membership

- Vice Director - Chairman

- Head of the General Administration Section - Vice Chairman

- Archivist - Member and secretary

- Representative of the section providing documents - Member

- Representative of the Ministry of Culture and Information - Member

2. Working method

- Each member of the Evaluation Council shall study the list and realities of files and documents in order to identify files and documents for archives or cancellation;

- The Evaluation Council collectively discusses and fixes the list of documents and files for archives or cancellation;

- To make and submit the minutes to the Director for consideration and final decision.

Article 22. Canceling documents

1. Individuals are strictly prohibited to cancel files and documents of the Office on their own initiative in any way.

2. Cancellation process

- To make the list of cancelable files and documents attached with the explanation and submit all to the Director;

- The Director gives the decision to empower the Evaluation Council to check the files and documents proposed for cancellation;

- The Evaluation Council considers and identifies the documents for archives and for cancellation;

- The Director gives the decision to cancel documents after obtaining the comments in writing by the Archives of the Ministry of Culture and Information.

3. To cancel the documents in the list attached with the decision on cancellation signed by the Director. The cancellation must be absolutely safe. All information in each document must be cancelled. The record on the cancellation must be made and kept at the Copyright Office for at least 20 years.

Section 4. MANAGEMENT AND USE OF DOCUMENTS

Article 23. Management of documents

1. Files and documents which need not be contributed to the archives shall be kept safe by the responsible sections or individuals.

2. Archives must be concentrated and preserved in the storehouse of the Copyright Office. The archivists of the Copyright Office shall have to set up necessary statistic instruments, such as input and output books, file lists, etc. in order to manage and look up files or documents. The whole archives must be regularly examined.

3. Archives in the storehouse must be kept in boxes and arranged in shelves or trunks in a scientific and systematical way to facilitate their management and exploitation.

4. The storehouse must be equipped with necessary facilities and devices as specified by the State Archives Bureau to keep archives safe.

Article 24. Use of archives

1. Archives shall be used to serve working requirements of cadres and civil servants in the Copyright Office. Cadres and civil servants of the Copyright Office shall have the right to study archives relating to their professional work or competence.

2. Individuals or organizations out of the Office, who want to exploit and use archives, must obtain permission from the Director.

3. Archives shall be studied on the spot, otherwise the Director’s permission must be obtained.

4. The reproduction and copying of archives must be permitted by the Director of the Copyright Office.

Chapter IV

IMPLEMENTATION

Article 25. Implementation

1. The Head of the General Administration Section shall be responsible to instruct, supervise, speed up and inspect cadres and civil servants of the Copyright Office to implement the Regulations.

2. Cadres and civil servants who break the Regulations shall be punished under laws.

3. Any amendment or supplementation of the Regulations shall be submitted by the General Administration Section to the Director for his consideration and decision.