Nghị định 110/2004/ND-CP

DECREE

ON WORK OF RECORDS AND ARCHIVES

THE GOVERNMENT

Pursuant to the Law on organization of Goernment dated 25/12/2001;

Pursuant to the Law on promulgation of legal normative documents dated 12/11/1996 and the Law amending and supplementing some articles of the Law on promulgation of legal normative documents dated 16/12/2002;

Pursuant to the Ordinance on national archive dated 04/04/2001;

At the request of the Minister of Home Affairs,

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope and subjects of regulation

1. This Decree provides for the work of records and archives and state management over work of records and archives applied to state organs, political organizations, social-political organizations, social organizations, occupational-social organizations, economic organizations and people's armed units (hereafter referred to as organ or organization).

2. The work of records and archives specified in this Decree includes the drafting and promulgation of documents; management of documents anad other materials formed during activities of organ or organization; management of seal in work of records and archives.

Article 2. Interpretation of terms

In this Decree, the following terms are construed as follows:

1. “Draft document” is written or typed and is formed during the drafting of a tex by organizations or organs;

2. “Original document” is the last draft approved by the competent person;

3. “Primary document” is a complete copy on content and formula of document issued by organ or organization. The primary copy can be made into many copies with the same value;

4. “Certified copy” is a complete and exact copy of contents of document and presented in the prescribed formula. The certified copy must be made from the primary copy;

5. “Excerpt copy” is a copy of a part of contents of document presented in the prescribed formula. The excerpt copy must be made from the primary copy;

6. “Extract copy” is a complete and correct copy of content of document and is made from the certified copy and presented in the prescribed formula;

7. “Record” is a set of documents or documents related to each other on one subject, a fact, specified object or there is one (or some) common characteristics such as name of type of document; organ or organization promulgating such documents; time or other characteristics formed during the process of follow-up and settlement of work within the functions and duties of an organization, organization or individual;

8. “Record making” is the collection and arrangement of documents and documents formed during the process of follow-up and settlement of work as per the certain principles and methods.

Chapter 2:

DOCUMENT DRAFTING AND PROMULGATION

Article 4. Forms of document

The forms of document which are formed in activities of organ or organization, including:

1. The legal normative documents as stipulated by the Law on promulgation of legal normative documents dated 12/11/1996 and the Law amending and supplementing some articles of the Law on promulgation of legal normative documents dated 16/12/2002;

2. Administrative documents

Decision (specific), directive (specific), announcement, notice, program, plan, project, scheme, report, minutes, statement, contract, official letter, official order, certificate, proxy, invitation, letter of introduction, leave permit, travel warrant, receipt, sending slip, transfer slip;

3. Specialized documents

The forms of specialized document are stipulated by Ministers and Heads of sector management organs after reaching an agreement with the Minister of Home Affairs;

4. Documents of political organizations, political – social organizations.

The forms of documents of political organizations, political – social organizations are stipulated by the Heads of Central organs of political organizations, political – social organizations.

Article 5. Formula of document

1. Formula of legal normative document and administrative document

a) The formula of legal normative document and administrative document consists of the following components:

- Official name of country;

- Name of organ or organization issuing document;

- Number and symbol of document;

- Geographical name and date of issue of document;

- Name of type and excerpt of document content;

- Document content;

- Position, full name and signature of the competent person;

- Seal of organ or organization;

- Place of receipt;

- Sign of urgency or confidentiality level (for types of urgent or secret document)

b) For official letter, public order, letter of introduction, invitation, sending slip and transfer slip, in addition to the components specified under Point a of this Clause, there can be the address of organ or organization; E-mail address, telephone number, telex or fax number.

c) The formula and presentation techniquess are stipulated by the Minister of Home Affairs and the Minister and Chairman of the Office of the Government

2. Formula of specialized document

The formula and techniques of presentation of specialized documents are stipulated by Ministers and Heads of sector management organs after reaching an agreement with the Minister of Home Affairs;

3. Formula of document of political organization, social-political organization

The formula and techniques of presentation of document of political organization, social-political organization are stipulated by the head of central organs of political organization, social-political organization.

4. The formula and techniques of presentation of document to be sent to foreign organs, organizations or individuals shall comply with the international practices.

Article 6. Document drafting

1. The drafting of legal normative documents shall comply with the provisions of the Law on promulgation of legal normative documents dated 12/11/1996 and the Law amending and supplementing some articles of the Law on promulgation of legal normative documents dated 16/12/2002;

2. The drafting of other documents are stipulated as follows:

a) Based on the nature and content of documents to be drafted, the heads of organ or organization shall assign their units or individuals to do or monitor the drafting.

b) The units or individuals shall perform the following tasks:

Define the form, content, confidentiality and urgency level of the document to be drafted;

Collect and process relevant information;

Draft documents;

In case of necessity, request the head of organ or organization to ask for advice from other relevant organizations and units; study and be open to advice to complete the drafts;

Submit for approval such documents with relevant materials;

Article 7. Draft approval, correction and addition of approved drafts

1. The draft document must be approved by the person with authority to sign.

2. In case of correction or addition of approved draft documents, they must be presented to the approver for consideration and decision.

Article 8. Typing and duplication

The typing and duplication of document must ensure the following requirements:

1. Typing of exact content of draft with proper formula and techniques of presentation of document. In case of error or ambiguousness detection in the draft, the typer must ask the unit or individual making such drafts or the draft approver;

2. Duplicating the prescribed number;

3. Keeping the document content confidential, typing and duplicating such documents at prescribed time.

Article 9. Document check before signing for promulgation

1. The head of unit or individual in charge of drafting must check and take responsibility for the accuracy of document content.

2. The Chief of Office of Ministries, ministerial-level organs, governmental organs and People’s Committee at all levels (hereafter referred to as Chief of Office); Head of Administrative Department at organ or organization having no office (hereafter referred to as Head of Administrative Department); the person assigned with tasks to assist the head of organ and organization to manage work of records and archives at other organ or organization (hereafter referred to as task assignee) must check and take responsibility for the form, formula, presentation techniques and procedures for document promulgation.

Article 10. Document signing

1. At organ or organization working under the leadership mode, the head of organ and organization has the authority to sign all documents of such organ or organization. The head may authorize his deputy to sign on his behalf the documents which are under the deputy’s assigned fields.

2. At organ or organization working under collective mode:

a) For important issues of organ or organization which must be discussed collectively and decided by the majority as stipulated by law, the signing of document is provided for as follows:

The head of organ or organization shall sign such documents on behalf of leadership collective;

The head’s deputy and the members holding other positions may sign on behalf of collective or head of organ or organization the documents under the authorization from the head and the documents which are under their assigned fields.

b) The signing of documents related to other issues shall comply with the provisions specified in Clause 1 of this Article;

3. In special cases, the head of organ or organization may authorize a cadre in charge lower than one level to sign on his behalf a number of documents he must sign. The authorized signing must be stipulated in writing and limited in a certain period. The authorized person must not authorize another person to sign such documents.

4. The head of organ or organization may assign the Chief of Office, Head of Administrative Department or Head of some units to sign by order a number of documents. The signing by order must be specified in the operation regulation or regulation on work of records and archives of organs ororganizations.

5. Do not use pencil, red ink or other types of fadable ink upon document signing.

Article 11. Document copy

1. The forms of document copy specified in this Decree include the certified copy, excerpt copy, extract copy.

2. The formula of copy is specified as follows:

Form of copy: certified copy, excerpt copy or extract copy; name of organ or organization making copy of document, symbol of copy; geographical name and date of copy; position, full name and signature of the competent person, seal of organ or organization making copy; place of receipt;

3. The certified copy, excerpt copy or extract copy shall be done in accordance with the provisions in this Decree with their legal value as the primary copy.

4. The copy with seal and signature of document not comply with the formula specified in Clause 2 of this Article shall be for only information or reference;

Chapter 3:

MANAGEMENT OF DOCUMENT, MANAGEMENT AND USE OF SEAL

SECTION 1. MANAGEMENT OF ARRIVING DOCUMENT

Article 12. Order to manage the arriving documents

All documents, including personal petition or letter sent to organ or organization (hereafter referred to as arriving documents) must be managed in the order as follows:

1. Receipt and registration of arriving documents;

2. Presentation and transfer of arriving documents;

3. Processing, follow-up and urge of processing of arriving documents;

Article 13. Receipt and registration of arriving documents

The document arriving from any source must be gathered at the record and archive section of organ or organization to carry out the procedures for receipt and registration. The arriving documents which are not registered at the record and archive section shall not be processed by units or individuals.

Article 14. Presentation and transfer of arriving document

1. The arriving documents must be promptly presented to the responsible person and transferred to the units and individuals for settlement. The arriving documents with sign of urgency or confidentiality level must be presented transferred right after their receipt.

2. The transfer of document must ensure the accuracy and keep the content of document confidential.

Article 15. Processing, follow-up and urge of processing of arriving documents

1. The head of organ or organization shall direct the timely processing of arriving documents. The deputy of the head shall be assigned to direct the processing of arriving document as authorized by the head and such arriving documents are under the deputy’s assigned fields.

2. Based on the content of arriving documents, the head of organ or organization shall assign the unit or individual for processing. Such unit or individual shall study and process the arriving documents according to the time limit prescribed by law or by organ or organization.

3. The head of organ or organization may assign the Chief of Office, Head of Administrative Department or the person assigned with tasks to carry out the following tasks:

a) Reviewing all of the arriving documents reporting on important and urgent documents;

b) Distributing such document to other units or individuals for processing;

c) Following and urging the processing of arriving documents.

Article 16. Management operation of arriving documents complies with the guidance of Director of State Records Management and Archives Department of Vietnam

SECTION 2. MANAGEMENT OF ISSUED DOCUMENT

Article 17. Order to manage the issued documents

All of the documents are promulgated by the organ or organization (hereafter referred to as issued documents).

The issued documents are promulgated by the organ or organization and managed in the following order:

1. Checking formula, form and presentation techniques, numbering, symbol and date of document;

2. Affix of seal and sign of urgency or confidentiality level (if any);

3. Registration of issued document;

4. Implementation of procedures, transfer and follow-up of transfer;

5. Keeping of issued documents;

Article 18. Transfer of issued documents

1. The issued documents must be completed with the record and archive procedures and transferred within its signing date and no later than the next working day.

2. The issued documents may be transferred to the place of receipt by fax or internet for rapid information.

Article 19. Keeping of issued documents

1. Each issued document must be kept at least two primary copies, one kept at the record and archive section of organ or organization and one kept in the record.

2. The kept copy at the record and archive section of organ or organization must be arranged in the order of registration.

3. The kept copy of legal normative document and other important documents of organ or organization must be made of paper of good quality with neutral pH and printed with unfaded ink.

Article 20. Management operation of issued documents complies with the guidance of Director of State Records Management and Archives Department of Vietnam

SECTION 3. MAKING CURRENT RECORDS AND HANDOVER OF DOCUMENT FOR CURRENT STORAGE OF ORGAN OR ORGANIZATION

Article 21. Content of making of current records and requirements for made records

1. The contents of making of current records include:

a) Record opening;

b) Collection and updating of documents and materials formed during the process of follow-up and processing of issues into the records;

c) Finish and cataloguing of records.

2. Requirements for each made record:

a) The record made must properly reflects functions and duties of unit, organ or organization;

b) The documents and materials collected into the record must be closely related and properly reflect the order and development of facts or order of settlement of work.

c) The documents and materials collected into the record must have relatively equal storage value;

Article 22. Handover of document for current keeping of organ or organization

1. Responsibility of units and individuals in organ or organization

a) The units and individuals in in organ or organization must hand over the records and materials with storage value for current keeping of organ or organization as per the time limit specified in Clause 2 of this Article.

b) Where units or individuals need to retain documents and materials whose time limit for handover and keeping has expired, they must make catalogue to be sent to the current keeping of organ or organization but the retention period shall not exceed 02 years.

c) All cadres, public servants and officers before retirement, resignation or transfer to another job must hand over records and materials to the succeeding unit or individual.

2. The time limit for handover of materials for current keeping is specified as follows:

a) Administrative materials: after one year since the end of work;

b) Scientific research materials or scientific and technological application materials: after one year since the works were officially accepted;

c) Basic constructional materials: after three months since the works were finalized;

d) Picture materials, films, microfilm, sound and picture recording materials and other materials: after three month since the end of work.

3. Handover procedures

Upon handover of materials, make two copies of “Index of record and material handed over and kept” and two copies of “Material receipt”. The unit or individual handing over materials for current keeping of organ or organization keeps one copy of each type.

Article 23. Responsibility for record making and material handover for current keeping

1. The head of organ or organization shall direct the record making and material and record handover for current keeping for current keeping for organs or organizations under their management.

2. The Chief of Office, Head of Administrative Department and the person assigned with tasks shall:

a) Give advice to the head of organ or organization in direction, inspection and guidance about record making and material and record handover for current keeping of inferior organs or organizations;

b) Organize the implementation of record making and material and record handover for current keeping at their organ or organization;

3. The head of units in organ or organization shall take responsibility before the head of organ or organization for implementation of record making, record storage and handover of their unit for current keeping;

4. During the process of follow-up and settlement of work, each individual must make record of such work.

Article 24. Operation of current record making and material and record handover for current keeping complies with the guidance of Director of State Records Management and Archives Department of Vietnam

SECTION 4. MANAGEMENT AND USE OF SEAL IN WORK OF RECORDS AND ARCHIVES

Article 25. Management and use of seal

1. The management and use of seal in work of records and archives shall comply with regulations of law on management and use of seal and the provisions of this Decree.

2. The seal of organ or organization must be kept by the filing staff and affixed at the organ or organization. The filing staff shall comply with the following provisions:

a) Do not hand over the seal to other people without a written permission from the competent person;

b) Affix the seal in his/her own hand on documents and papers of organ or organization;

c) Only affix the seal on documents and papers with the signature of the competent person;

d) Do not affix seal without the signature of the competent person;

3. The use of seal of organ or organization and of office or unit in organ or organization is provided for as follows:

a) The documents issued by organ or organization must be affixed with seal of such organ or organization;

b) The documents issued by office or unit within assigned power must be affixed with seal of such office or unit;

Article 26. Seal affix

1. The seal affixed must be clear, straight, proper direction and prescribed ink.

2. When affixing seal on signature, the seal must cover over 1/3 signature to the right side

3. The affix of seal on annexes attached to main documents shall be decided by the document signer and the seal is affixed on the first page covering a part of name of organ or organization or name of such annexes.

4. The affix of seal on joining page or embossing seal on specialized documents and materials shall comply with regulations of the Ministers and Heads of sector managing organs;

Chapter 4:

STATE MANAGEMENT OVER WORK OF RECORDS AND ARCHIVES

Article 27. Content of state management over work of records and archives

The content of state management over work of records and archives includes:

1. Developing, issuing, directing and guiding the implementation of legal normative documents on work of records and archives;

2. Uniformly managing the operation of work of records and archives;

3. Managing scientific research and scientific and technological application in work of records and archives;

4. Managing the training and retraining to cadres, public servants and officers performing work of records and archives; managing the emulation and commendation in work of records and archives;

5. Carrying out the inspection, examination and settlement of complaints, denunciations and handling of law violation on work of records and archives;

6. Organizing preliminary and final summary of work of records and archives;

7. Carrying out the international cooperation in the field of records and archives;

Article 28. Responsibility for management over work of records and archives

1. The Ministry of Home Affairs shall take responsibility before the Government for state management over the work of records and archives in accordance with the provisions specified in Article 27 of this Decree.

The State Records Management and Archives Department of Vietnam shall assist the Minister of Home Affairs in implementation of state management over the work of records and archives;

2. Within their duties and powers, the Ministries, ministerial-level organs, governmental organs, central organs of political organizations, social-political organizations, social organizations, occupational-social organizations, economic organizations and People’s Committees at all levels shall:

a) Based on regulations of law, issue and guide the implementation of regulations on work of records and archives;

b) Inspect the compliance with regulations on work of records and archives of organs or organizations under their management; deal with complaints, denunciations and handle law violation regarding the work of records and archives;

c) Organize and direct the scientific and technological research and application to the work of records and archives;

d) Organize the training and retraining to cadres, public servants and officers performing work of records and archives; manage the emulation and commendation in work of records and archives;

dd) Organize the preliminary and final summary of work of records and archives within sectors, fields and localities;

Article 29. Organization and duties of record and archive section of organ or organization

1. Based on the volume of work, the organs or organizations should establish their record and archive section or group or arrange persons to perform the work of records and archives (hereafter referred to as record and archive section of organ);

2. The record and archive section of organ has the following duties:

a) Receives and registers the arriving documents;

b) Presents and transfers documents to other units and individuals;

c) Assists the Chief of Office, Head of Administrative Department or the person assigned with tasks to follow up and urge the processing of arriving documents;

d) Receives the draft documents to be presented to the competent person for review, approval and signing for promulgation;

dd) Checks the formula, form and presentation techniques, numbering, date and with seal of urgency and confidentiality.

e) Registers and performing procedures for promulgation, transfer and follows the transfer of issued documents;

g) Performs the filing, storage for lookup and use of kept copies;

h) Manages books and database; registers and manages documents; performs the procedures for issue of letter of introduction and travel warrant to cadres, public servants and officers;

i) Protects and uses the seals of organ or organization and other types of seal.

Article 30. The person arranged to perform work of records and archives must have professional criteria of scale of public servant in the field of records and archives as prescribed by law.

Chapter 5:

COMMENDATION AND AWARD AND HANDLING OF VIOLATION, COMPLAINTS AND DENUNCIATION

Article 31. Commendation and award

All organs, organizations and individuals have achievements in the work of records and archives shall receive commendation and award as prescribed by law.

Article 32. Handling of violation

Any person who violates the provisions of this Decree shall be disciplined or prosecuted for criminal liability in accordance with regulations of law depending on the nature and severity of the violation.

Article 33. Complaint and denunciation

1. All of the organizations and individuals have the right to lodge their complaints about acts of violation of law on work of records and archives.

2. All individuals have the right to denounce acts of violation of law on work of records and archives.

3. The settlement of complaints and denunciations in work of records and archives shall comply with regulations of law on complaints and denunciations;

Chapter 6:

IMPLEMENTATION PROVISION

Article 34. Effect

1. This Decree takes effect 15 days after its publication in the Official Gazette.

2. Annulling Section I – Work of official letters and papers of Charter on work of official letters and papers and archiving work issued with Decree No. 142/CP dated 28 September 1963 of the Government Council and the previous regulation in contradiction with the provisions in this Decree.

Article 35. Implementation guidance

The Minister of Home Affairs is responsible for guiding and inspecting the implementation of this Decree.

Article 36. Responsibility for implementation

The Ministers, heads of ministerial-level organs, heads of governmental organs, Chairman of the People's Committees of provinces and centrally-run cities are liable to execute this Decree./.