Luật 01/2011/QH13

Law No. 01/2011/QH13 of November 11, 2011 on Archives

Nội dung toàn văn Law No. 01/2011/QH13 Law on Archives


THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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Law No. 01/2011/QH13

Hanoi, November 11, 2011 

 

LAW

ON ARCHIVES

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which, was amended and supplemented under the Resolution No. 51/2001/NQ-QH10 bổ sung điều của Hiến pháp nước cộng hoà xã hội chủ nghĩa Việt Nam năm 1992">51/2001/QH10;

The National Assembly promulgates the Law on Archives,

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Law provides archival activities; rights and obligations of agencies, organizations and individuals in archival activities; training and improving in archival operations; archival services and archives management.

2. This Law applies to stale agencies, political organizations, socio-political organizations, socio-political-professional organization, social organizations, socio-professional organizations, economic organizations, non-business units, people's armed forces units (hereinafter referred to as agencies and organizations) and individuals.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Archival activities means activities of collecting, correcting and editing, valuing, preserving, making statistics and use of archival materials.

2. Material means an object containing information formed in the course of operation of an agency, organization or individual.

Materials include documents, projects, design drawings, maps, research works, books, statistical tables; negative and positive films, pictures, microfilms; audio and video tapes and discs; e-documents; literary and art manuscripts; work records, diaries, memoirs, autographs, handwritings; drawn or printed pictures; publications and other objects containing information.

3. Archival materials means materials of value for practical activities and scientific and historical research, which are selected for storage.

Archival materials include the master copies and originals, and lawful duplicates in case the master copies or originals are unavailable.

4. Institutional archival unit means an organization making archives of archival materials of an agency or organization.

5. Historical archival unit means an agency making archives of materials of permanent archival value received from institutional archival unit and other sources.

6. Archival set means an aggregation of archival materials formed in the operation of an agency, organization or individual.

7. National Archival set of Vietnam means the aggregation of archival materials of the Vietnamese State, regardless of their times of formation and places of storage, socio-political regimes, information-recording techniques and objects containing information.

The National Archival set of Vietnam includes the Archival set of the Communist Party of Vietnam and the Archival set of the Vietnamese State.

8. Archival set of the Communist Party of Vietnam means the aggregation of archival materials formed in the operations of organizations of the Communist Party of Vietnam, the forerunner of the Party and socio-­political organizations; historical and typical characters of the Party and its forerunner and of socio-political organizations.

9. Archival set of the Vietnamese State means the aggregation of archival materials formed in the operations of state agencies, socio-political-professional organization, social organizations, socio-professional organizations, economic organizations, non-business units, people's armed forces units, historical and typical characters and other materials formed in different historical periods of the country.

The Archival set of the Vietnamese State comprises Archival sets of the agencies, organizations and individuals specified in this Clause.

10. Record means a file of related materials on a specific issue, event or subject or of common characteristics, formed in the monitoring and settlement of affairs within the scope of functions and tasks of an agency, organization or individual.

11. Record making means the gathering and arrangement of materials formed in the monitoring and settlement of affairs of an agency, organization or individual into a record according to certain principles and methods.

12. Material collection means the process to identify material sources, select, receive and deliver valuable materials for transfer to institutional archival unit or historical archival unit.

13. Material correction means the classification, valuation, arrangement, statistical making and establishment of search engines for materials formed in the operation of an agency, organization or individual.

14. Material valuation means the evaluation of materials according to principles, methods and standards provided by competent authorities in order to determine archival value of materials, storage duration and invalid materials.

15. Backup to insure for archival material means copies of archival materials made by certain methods and standards to be kept as reserve upon occurrence of risks to archival materials.

Article 3. Principles of archival management

1. The State uniformly manages the National archival set of Vietnam.

2. Archival activities are uniformly carried out in accordance with law.

3. The State makes statistics of materials of the National archival set of Vietnam.

Article 4. State’s policies on archives

1. To provide funds and human resources for the protection, safe preservation and effective use of materials of the National archival set of Vietnam.

2. To concentrate on modernization of physical and technical foundations and apply science and technology to archival activities.

3. To recognize the ownership to archival materials; to encourage organizations and individuals to donate, deposit and sell their archival materials to the State; make contributions to and finance archival activities; and provide archival services.

4. To strengthen expansion of international cooperation in archival activities.

Article 5. Management of materials of individuals, families and clans

1. The following materials of individuals, families and clans (hereinafter referred  to as individuals) which are valuable for practical activities and scientific and historical research for the country and society may be registered to belong to the National archival set of Vietnam:

a/ Family annals, clan annals, diplomas, royal conferment, biographical records;

b/ Manuscripts, printed copies with autographs, scientific research works, creative works, correspondences;

c/ Films, pictures; audio and video tapes and discs; e-documents;

d/ Works and articles on individuals;

e/ Publications and materials collected by individuals.

2. Historical archival unit at which materials are registered shall value materials of individuals belonging to the National archival set of Vietnam specified in clause 1 of this Article.

3. Individuals possessing materials have the following rights:

a/ To register their materials at historical archival unit, receive guidance and assistance in preservation techniques and be given conditions to promote values of the materials specified in clause 1 of this Article;

b/ To donate or deposit materials at historical archival unit;

c/ To agree on purchase and sale of materials:

d/ To receive priority in using materials which are donated by them;

dd/ Allow others to use their materials deposited at historical archival unit without harming national security, state interests and rights and legitimate interests of agencies, organizations and individuals;

e/ Be commended by the State in accordance with law.

4. Individual possesing materials have the following obligations:

a/ Donate or sell only to historical archival unit for materials relating to national security;

b/ Pay preservation fees in accordance with law for materials deposited at historical archival unit, except registered materials.

Article 6. Responsibilities of heads of agencies and organizations

The head of an agency or organization shall, within his/her tasks and powers, manage archives and apply measures aiming to raise the effectiveness of the collection, management, preservation and use of archival materials; and promulgate regulations on archival work of his/ her agency or organization.

Article 7. Archivists

1. Archivists of state agencies, political organizations, socio-political organizations, people's armed forces units and public non-business units must satisfy criteria in accordance with law; be trained and improved in archival operations and other necessary knowledge suitable for work; and may enjoy corresponding regimes and benefits of their agencies or organizations, allowances for particular jobs and other incentives in accordance with law.

2. Archivists other than those provided in clause 1 of this Article must be trained and improved in archival operations and other necessary knowledge suitable with work and may enjoy regimes and benefits applicable to employees of their organizations.

3. Persons assigned to perform archival work on a part-time basis must be improved in archival operations and other necessary knowledge suitable with work.

Article 8. Strictly-prohibited acts

1. Appropriating, damaging or losing archival materials.

2. Tampering with, modifying or falsifying contents of archival materials.

3. Illegally buying, selling, transferring or cancelling of archival materials.

4. Using archival materials for the purpose of harming state interests or rights and legitimate interests of agencies, organizations or individuals.

5. Illegally bringing overseas archival materials.

Chapter 2

COLLECTION OF ARCHIVAL MATERIALS

Section 1: RESPONSIBILITIES FOR MAKING RECORDS AND SENDING RECORDS AND MATERIALS FOR STORAGE AT INSTITUTIONAL ARCHIVAL UNIT

Article 9. Responsibilities for making records and sending records and materials for storage to institutional archival unit

1. A person assigned to settle and monitor an affair of an agency or organization shall make records of such affair and send records and materials for storage to the archival unit of that agency or organization. Before retiring, quitting his/her job or being transferred to another work, this person must fully hand over records and materials to a responsible person of that agency or organization.

2. The head of an agency or organization shall manage archival materials of his/her agency or organization; and direct, inspect and guide the making and sending of records and materials to the archival unit of his/her agency or organization.

The head of a unit of an agency or organization shall organize the making, preservation and sending of records and materials of his/her unit to the archival unit of that agency or organization.

Article 10. Responsibilities of institutional archival unit

1. To assist the head of agency or organization in guiding the making and sending of records and materials for storage.

2. To collect, correct and value materials; to make statistics of, preserve and organize the use of archival materials.

3. To hand over archival materials of permanent preservation value on the list of materials of sending for storage to historical archival unit; to organize the cancelling of invalid materials under decisions of the head of agency or organization.

Article 11. Time limit for sending records and materials to institutional archival unit

1. The time limit for sending records and materials to institutional archival unit is provided as follows:

a/ One year after completing an affair, except the case specified at point b of this clause;

b/ Three months after finalizing a construction work, for records and materials on capital construction.

2. A unit or person that needs to keep records and materials due for sending for storage as prescribed in clause 1 of this Article to serve its/his/her work must obtain approval of the head of agency or organization and make and send to institutional archival unit a list of records and materials to be kept.

The time limit for a unit or person to keep those records and materials does not exceed 2 years counting from the date due of sending for storage.

Article 12. Responsibilities for handing over and receiving records and materials to institutional archival unit

1. A unit or person responsible for handing over records and materials shall finalize records of the completed affair, make an index of records and materials for storage and handing over them to institutional archival unit.

2. Institutional archival unit shall receive records and materials and make a minutes of handover and receipt of records and materials.

3. The index of stored records and materials and the handover and receipt minutes shall be made in 02 copies, 01 be kept by the handing unit or person and 01 be kept by institutional archival unit.

Article 13. Management of e-archival materials

1. E-archival materials means materials created in the form of data messages which are formed in the operation of an agency, organization or individual and selected for storage or digitalized from archival materials in other objects containing information.

2. E-archival materials must satisfy criteria of input information; assure inheritance, consistency, truthfulness, security and accessibility; and be preserved and used by particular professional and technical methods.

3. Materials digitalized from archival materials in other objects containing information are not valuable to replace the materials which have been digitalized.

4. The Government shall detail the management of e-archival materials.

Article 14. Management of archival materials of communes, wards and townships

1. Materials formed in the operations of People's Councils, People's Committees, social organizations and socio-professional organizations of communes, wards or townships shall be selected and stored at the offices of People's Committees of communes, wards or townships.

Archivists of the offices of People's Committees of communes, wards or townships must satisfy professional criteria of archives and be enjoyed regimes and benefits in accordance with law.

2. Archivists of the offices of People's Committees of communes, wards or townships shall guide the record making, receive records and materials, correct, make statistics of, preserve and serve the use of archival materials in accordance with the law on archives.

Section 2: CORRECTION AND VALUATION OF MATERIALS

Article 15. Correction of materials

1. The head of an agency or organization shall direct and organize the correction of materials under his/her management.

2. Materials after being corrected must meet the following basic requirements:

a/ They are classified according to the principles of archival operations;

b/ Their preservation time limit is determined;

c/ Records are finalized and systemized;

d/ There are indexes of records, search database and lists of invalid materials.

Article 16. Valuation of materials

1. Valuation of materials must ensure the political, historical, comprehensive and general principles.

2. Valuation of materials in performed according to the methods of systemizing and analyzing their functions, information and historical materials.

3. Valuation of materials must be based on the following basic indicators:

a/ Contents of materials;

b/ Position of the agency, organization or individual forming materials;

c/ Meaning of the event, time and place in which materials are formed;

d/ Level of integrity of the archival set;

e/ Form of materials;

f/ Physical conditions of materials.

Article 17. Preservation duration of materials

1. Materials subject to permanent preservation are those of timeless meaning and value.

Materials subject to permanent preservation include those on viewpoints, undertakings, policies, fundaments, strategies; national key and target programs, projects and schemes; those on land and housing and other materials prescribed by competent authorities.

2. Materials subject to preservation for a definite term are those other than the ones specified in clause 1 of this Article and their preservation term are defined less than 70 years.

3. Invalid materials subject to removing for disposal are those containing the same information or with expired preservation duration under regulations and no longer necessary for practical activities and scientific and historical research.

4. The Minister of Home Affairs shall detail clause 1 and clause 2 of this Article.

Article 18. Materials valuation council

1. A materials valuation council is formed to advise the head of an agency or organization in determining preservation duration, selecting materials for handing over to institutional archival unit, selecting archival materials of institutional archival unit for handing over to historical archival unit and sorting out invalid materials.

2. A material valuation council shall be decided for establishment by the head of an agency or organization, including:

a/ Council chairman;

b/ An archivist of the agency or organization will do as council secretary;

c/ The representative of leaders of the unit leaders having the materials will do as council member;

d/ A person who is conversant with the field of the materials be evaluated, will do as council member.

3. A material valuation council shall make collegial discussion and make conclusion by majority; different opinions must be written in the council meeting minutes for submission to the head of agency or organization.

4. Based on proposals of the material valuation council, the head of agency or organization shall decide on material preservation duration, select materials for handing over to institutional archival unit, select archival materials of institutional archival unit for handing over to historical archival unit; and disposal of invalid materials as prescribed in Article 28 of this Law.

Section 3: COLLECTION OF MATERIALS INTO HISTORICAL ARCHIVES

Article 19. Historical archival unit

1. Historical archival unit shall be organized at central and provincial levels for storing materials of permanent preservation value on the list of materials to be handed over to historical archival unit.

2. Historical archival unit shall:

a/ Propose the competent archives agency of the same level to promulgate a list of agencies, organizations being source of material providers to historical archival unit and approve lists of materials to be sent to historical archival unit for storage;

b/ Guide agencies and organizations that are sources of materials handed over to store in preparing materials to be handed over for storage;

c/ Collect, correct, valuate, make statistics of, preserve and organize the use of archival materials.

Article 20. Collection and receipt of materials sent to historical archival unit

1. Historical archival unit of the Communist Party of Vietnam shall collect materials belonging to the archival set of the Communist Party of Vietnam in accordance with this Law and regulations of competent agencies of the Communist Party of Vietnam.

2. Historical archival unit of the State shall collect materials belonging to the archival set of the Vietnamese State under the following provisions:

a/ Central historical archival unit shall collect and receive archival materials formed in the operations of central agencies and organizations of the Slate of the Democratic Republic of Vietnam and the Socialist Republic of Vietnam; ministerial-level agencies and organizations, inter-zones, zones and special zones of the State of the Democratic Republic of Vietnam; central agencies and organizations of the Provisional Revolutionary Government of the Republic of South Vietnam and other central organizations of the revolutionary administration in and before 1975; stale enterprises established by the Prime Minister and other economic organizations in accordance with law; agencies and organizations of social regimes had been existed in the territory of Vietnam in and before 1975;

b/ Provincial-level historical archival unit shall collect and receive archival materials formed in the operations of provincial- and district-level agencies and organizations and special administrative-economic units not under the agencies and organizations specified at point a of this clause.

3. Historical archival unit shall collect materials of individuals on the basis of agreement.

Article 21. Time limit for handing over materials to historical archival unit

1. Within 10 years after the year of completing an affair, an agency or organization on the list of agencies, organizations being source of material providers to historical archival unit shall hand over materials of permanent preservation value to historical archival unit.

2. The time limits for handing over materials to historical archival unit of the public security, defense, foreign affairs and other sectors comply with the Government's regulations.

Article 22. Responsibilities for handover and receipt of materials to historical archival unit

1. An agency or organization on the list of agencies, organizations being source of material providers have following duties:

a/ Correct materials prior to handing over and make indexes of records and materials to be handed for storage;

b/ Make lists of materials being affixed with marks of confidentiality levels;

c/ Hand over archival materials and search engines to historical archival unit.

2. Historical archival unit shall receive records and materials and make minutes of handover and receipt of records and materials.

3. Indexes of handed records and materials and handover and receipt minutes shall be made in 03 copies, 01 to be kept by agencies or organizations handing over records and materials and 02 kept by historical archival unit, which shall be stored permanently at those agencies or organizations and historical archival unit.

Article 23. Management of archival materials of agencies and organizations not on the list of agencies, organizations being source of material providers or materials not on the list of materials to be handed over to historical archival unit

Archival materials formed in the operations of agencies and organizations not on the list of agencies, organizations being source of material providers or materials not on the list of materials to be handed over to historical archival unit shall be managed at institutional archival unit.

Article 24. Management of archival materials in case of division, split, merger or dissolution of agencies or organizations; division, split, merger, dissolution, ownership transformation or bankruptcy of stale enterprises

For an agency or organization which is divided, split, merged or dissolved; or an economic organization being a state enterprise which is divided, split, merged or dissolved, transformed its ownership or goes bankrupt, the head of such agency, organization or enterprise shall manage and hand over materials according to the following provisions:

1. Materials formed in the operation of an agency or organization shall be corrected, made statistics and preserved according to the archival set of that agency or organization;

2. When an agency or organization has decision on division, split, merger or dissolution or an enterprise has decision on division, slit, merger, dissolution, ownership transformation or bankruptcy, all completely processed records and materials of units and individuals of that agency, organization or enterprise must be handed over to institutional archival unit for correction under regulations.

3. After being corrected, archival materials shall be managed as follows:

a/ Archival materials of an agency, organization or enterprise being source of material providers to historical archival unit shall be handed over to competent historical archival unit;

b/ Archival materials of an agency, organization or enterprise other than those being the source of material providers to historical archival unit shall be managed at institutional archival unit of the new agency, organization or enterprise taking over the former's office. When the dissolved agency or organization or the dissolved or bankrupt enterprise has no or more than one agency, organization or enterprise to take over its office, its archival materials shall be handed over to institutional archival unit under the decision of its immediate superior agency or organization or a competent authority.

Chapter 3

PRESERVATION AND MAKING STATISTICS OF ARCHIVAL MATERIALS, DISPOSAL OF INVALID MATERIALS

Article 25. Responsibilities for preservation of archival materials

1. The head of an agency or organization shall build and arrange storage place and necessary equipment and means and implement professional and technical measures to safely protect and preserve archival materials and assure the use of archival materials.

2. In case an organization without use of the State budget have not yet had conditions to protect and preserve materials as prescribed in clause 1 of this Article, it may deposit its materials at historical archival unit and it must pay fees in accordance with law.

Article 26. Management of precious and rare archival materials

1. Precious and rare archival materials are materials of permanent preservation value and have one of the following characteristics:

a/ Having special ideological, political, socio-economic, scientific or historical value and special importance to the country and society;

b/ Being formed in a special historical circumstance in terms of time, space, place or author;

c/ Being presented in an object containing information carrier which is original, typical to a historical period.

2. Precious and rare archival materials, regardless of their ownership, may be registered with central and provincial archives state management agencies and selected for registration in world and regional programs and titles.

3. Precious and rare archival materials must be inventoried, preserved, made backup to insure for them, and used under special regimes.

Article 27. State archival statistics

1. Materials of the National archival set of Vietnam must be made statistics concentratedly in books, database and management dossiers.

2. Agencies and organizations with archival materials must regularly implement the regime on archival statistics. Figures for annual statistical reports are counted from January 1 through December 31.

3. Archival statistics shall be made according to the following provisions:

a/ Central agencies and organizations shall summarize statistics of their attached units and report them to the central archives state management agency;

b/ Provincial agencies and organi­zations shall summarize statistics of their attached units and report them to provincial archives state management agencies.

Provincial archives state management agencies shall summarize statistics of provincial agencies and organizations, and district-level archives state management agencies and report them to the central archives state management agency.

c/ District- and commune-level agencies and organizations shall summarize statistics of their attached units and report them to district-level archives state management agencies.

District-level archives state management agencies shall summarize statistics of district-and commune-level agencies and organizations and report them to provincial archives state management agencies.

Article 28. Disposal of invalid materials

1. The competence to decide on the disposal of invalid materials is provided as follows:

a/ The head of an agency or organization may decide on the disposal of invalid materials of institutional archival unit.

b/ The head of a competent archives authority of a level may decide on the disposal of invalid materials of historical archival unit of the same level.

2. Procedures for decision on disposal of invalid materials are provided as follows:

a/ At the proposal of the material valuation council, the head of an agency or organization on the list of agencies, organizations being source of material providers to historical archival unit shall request the archives state management agency of the same level to evaluate invalid materials subject to disposal. The head of an agency or organization not on the list of agencies, organizations being source of material providers to historical archival unit shall request institutional archival unit of the immediate superior agency or organization to give opinions on invalid materials subject to disposal;

Based on evaluations of the material valuation council or opinions of the immediate superior agency, a competent person mentioned in clause 1 of this Article shall decide on the disposal of invalid materials.

b/ At the proposal of the material value verification council, the head of an archives slate management agency shall decide on the disposal of materials with the same information at historical archival unit.

A material value verification council shall be set up by the head of an archives state management agency to verify invalid materials at historical archival unit;

3. Disposal of invalid materials must ensure destruction of all information of those materials and must be recorded in writing.

4. A dossier of invalid material disposal includes:

a/ Decision on council establishment;

b/ List of invalid materials; proposal and explanation about invalid materials;

c/ Minutes of meetings of the material valuation council and material valuation verification council;

d/ Request for verification or opinions, made by the agency or organization with invalid materials;

dd/ Written verification or opinions of a competent agency;

e/ Decision on disposal for invalid materials;

g/ Record of handing over materials subject to disposal;

h/ Record of disposal of invalid materials.

5. Dossiers of disposal of invalid materials must be preserved at agencies or organizations with cancelled materials for at least 20 years from the date of disposal.

Chapter 4

USE OF ARCHIVAL MATERIALS

Article 29. Rights and obligations of agencies, organizations and individuals in use of archival materials

1. Agencies, organizations and individuals may use archival materials for their work, scientific or historical research or other legitimate demands.

2. When using archival materials, an agency, organization or individual has following obligations:

a/ Indicate the archival serial number and level of originality of archival materials and agency or organization managing archival materials; respect the originality of materials when publishing, introducing or quoting them;

b/ Not infringe state interests, rights and legitimate interests of agencies, organizations and individuals;

c/ Pay the fee for use of archival materials in accordance with law;

d/ Comply with provisions of this Law, internal rules and regulations of the agency or organization managing archival materials and other related laws.

3. An agency or organization possessing archival materials has following duties:

a/ Take the imitative in introducing its archival materials and facilitate for use of archival materials under its direct management;

b/ Annually review and notify archival materials in the list of materials with marks of confidentiality levels, which are declassified.

Article 30. Use of archival materials at historical archival unit

1. Archival materials at historical archival unit may be publicly used, except those in the list of materials restricted from use and the list of materials being affixed with marks of confidentiality levels.

2. Materials restricted from use have one of the following characteristics:

a/ Archival materials not in the list of materials being affixed with marks of confidentiality levels containing information, which, if being used publicly, may seriously harm state interests or rights and legitimate interests of agencies, organizations or individuals;

b/ Archival materials which are seriously damaged or are likely to be damaged but have not yet upgraded or restored;

c/ Archival materials which are being processed under archival operations.

The Ministry of Home Affairs shall promulgate a list of materials restricted from use suitable to socio-economic conditions in each period.

The head of historical archival unit may decide on the use of archival materials in the list of materials restricted from use.

3. Use of archival materials in the list of materials being affixed with marks of confidentiality levels is comply with provisions of the law on state secret protection.

4. Archival materials in the list of materials being affixed with marks of confidentiality levels may be used publicly in the following cases:

a/ They are declassified under the law on state secret protection;

b/ Forty years after the year of completing the work involving materials with confidentiality mark even though those materials have not been declassified.

c/ Sixty years after the year of completing the work involving materials with marks of absolute confidentiality or top confidentiality even though those materials have not been declassified.

5. Materials relating to a person may be used publicly 40 years after the year of death of that person, except a number of special cases provided by the Government.

6. Materials which are due for public use as prescribed in point c, clause 4 and clause 5 of this Article may not be used publicly under the decision of a competent agency or organization.

7. An user of archival materials at historical archival unit must have an identity card or passport, and in case of use for work, must have a letter of introduction or written request of agencies, organizations where he/she is working.

Article 31. Use of archival materials at institutional archival unit

The head of an agency or organization shall, pursuant to this Law and other related laws, provide the use of archival materials at the archival unit of his/her agency or organization.

Article 32. Ways of using archival materials

1. Using materials at the reading room of institutional archival unit or historical archival unit.

2. Publishing archival publications.

3. Introducing archival materials in the mass media or on websites.

4. Exhibiting or displaying archival materials.

5. Quoting archival materials in research works.

6. Issuing duplicates or authenticated copies of archival materials.

Article 33. Copying and authentication of copies of archival materials

1. Copying and authentication of archival materials shall be made by institutional archival unit or historical archival unit.

Persons competent to permit the use of archival materials may permit the copying of archival materials.

2. Authentication of archival materials means certification of information or copying by an agency or organization or historical archival unit, for archival materials managed by that agency or organization or historical archival unit.

Agencies, organizations and historical archival unit copying or authenticating of archival materials shall take legal responsibility for their duplicates or authenticated copies of archival materials.

3. Persons obtaining duplicates or authenticated copies of archival materials must pay fees.

4. Duplicates and authenticated copies of archival materials are as valid as their originals in relations and transactions.

Article 34. Bringing archival materials out of institutional archival unit and historical archival unit

1. An agency, organization or individual may bring archival materials out of institutional archival unit or historical archival unit to serve its/his/ her work, scientific research or other legitimate needs after being permitted by a competent state agency and must return those archival materials intact.

2. The Minister of Home Affairs and competent agencies of the Party may decide on the bringing of archival materials of historical archival unit overseas and provide the bringing of archival materials out of historical archival unit for domestic use.

Heads of agencies or organizations may decide on the bringing of archival materials of their institutional archival unit overseas and provide the bringing of archival materials out of institutional archival unit for domestic use.

3. Before bringing registered archival materials overseas, an organization or individual must notify such to historical archival unit where archival materials are registered.

4. Archival materials of historical archival unit and materials of individuals registered at historical archival unit must be made backup to insure for them before being brought overseas.

Chapter 5

TRAINING AND IMPROVING IN ARCHIVAL OPERATIONS, ARCHIVAL SERVICES

Article 35. Training and improving in archival operations

1. Organizations eligible in accordance with law may supply training and improving in archival operations.

2. The Ministry of Home Affairs shall provide programs and contents of archival operation improving; and coordinate with the Ministry of Education and Training in providing the framework training program on archival operations.

Article 36. Archival services

1. An organization may provide archival services when it satisfies fully conditions as follows:

a/ It has registered its institutional archival service provision with a provincial archives state management agency;

b/ It has suitable physical foundations and human resources for archival service provision;

c/ Its staff providing archival services must possess an archival practice certificate.

2. A person may independently provide archival services when he/she satisfies fully conditions as follows:

a/ Possessing an archival practice certificate;

b/ Possessing suitable physical foundations for archival service provision;

c/ Having registered his/her archival service provision with a provincial archives state management agency.

3. Archival services include:

a/ Preservation, correction, improvement, disinfection, deacidification, mold removal and digitalization of archival materials outside the list of state secrets;

b/ Research, counseling and application of archival science and technology transfer.

Article 37. Archival practice certificates

1. A person may obtain an archival practice certificate when he/she satisfies fully conditions as follows:

a/ Being a Vietnamese citizen with full civil act capacity;

b/ Personal record is clear;

c/ Possessing a relevant professional diploma in archives;

d/ Having directly engaged in archival work or archives-related work for at least 05 years;

e/ Having passed the professional exam held by a competent authority.

2. Cases being refused for grant of an archival practice certificate include:

a/ Persons being currently examined for penal liability;

b/ Persons currently serving prison sentences or being administratively handled through sending to a health establishment or education establishment;

c/ Persons having been convicted of one of national security-related crimes; or the crime of intentional disclosure of work secrets, crimes of appropriation, trading in, or disposal of materials of work secrets.

3. If a person who having granted an archival practice certificate falls into one of the cases specified in clause 2 of this Article, he/she shall be revoked his/her archival practice certificate.

4. The Government shall provide the competence and procedures to grant and revoke archival practice certificates.

Chapter 6

ARCHIVAL MANAGEMENT

Article 38. Responsibility for archival management

1. The Government shall perform the uniform state management of archives.

2. The Ministry of Home Affairs shall take responsibility before the Government for performing the state management of archives and managing materials of the Archival set of the Vietnamese State.

3. The Party's competent agency shall manage materials of the Archival set of the Communist Party of Vietnam.

4. Ministries, Ministerial-level agencies, Government-attached agencies and central agencies of socio-political organizations shall, within the scope of their tasks and powers, manage archives.

5. People's Committees of all levels shall, within the ambit of their tasks and powers, perform the state management of archives in their localities.

Article 39. Funds for archival work

1. Funds for archival work of state agencies, political organizations and socio-political organizations shall be allocated in annual state budget estimates and be used for:

a/ Building and improving storage places;

b/ Procuring equipment and means for preservation and use of archival materials;

c/ Collecting and buying precious and rare archival materials;

d/ Correcting materials;

dd/ Taking technical measures to preserve archival materials;

e/ Improving and making backup to insure for archival material ;

g/ Announcing, introducing, displaying and exhibiting archival materials;

h/ Studying and applying archival science and transferring archival technology:

i/ Other activities to service for modernization of archival work.

2. The State encourages domestic and foreign organizations and individuals to donate and finance the protection and promotion of values of archival materials.

Article 40. International cooperation on archives

1. International cooperation on archives shall be carried out on the basis of respect for independence and sovereignty, equality and mutual benefit.

2. Content of international cooperation on archives includes:

a/ Conclusion, accession to and implemen­tation of treaties on archives: accession to international organizations on archives;

b/ Implementation of international cooperation programs and projects;

c/ Exchange of specialists and training and retraining of archivist with foreign parties and international organizations:

d/ Organization of scientific conferences and seminars and international exhibitions; collection of archival materials; compilation and publishing of archival publications:

dd/ Improvement and restoration of archival materials;

e/ Research and application of archival science and transfer of archival technology;

g/ Exchange of lists of archival materials, duplicates of archival materials and archival operation materials.

Chapter 7

IMPLEMENTATION PROVISIONS

Article 41. Effect

This Law takes effect on July 01, 2012.

The Ordinance No. 34/2001/PL-UBTVQHQ10 on National Archives ceases its effect on the effective date of this Law.

Article 42. Detailing provisions

The Government and competent authorities shall detail articles and clauses of this Law as assigned.

This Law was passed by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 2nd session, on November 11, 2011.

 

 

CHAIRMAN OF THE NATIONAL ASSEMBLY




Nguyen Sinh Hung

 

 

 


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