Nghị định 01/2013/ND-CP

DECREE

PROVIDING IN DETAILS A NUMBER OF ARTICLES OF THE LAW ON ARCHIVES

Pursuant to the Law on Organization of the Government, of December 25, 2001;

Pursuant to the Law on Archives, of November 11, 2011;

At the proposal of the Minister of Home Affairs;

The Government promulgates the Decree providing in details a number of articles of the Law on Archives,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides in details for the management of e-archival documents; time limit of transferring archival documents to historical archives of the public security, defense, foreign affairs and other sectors; some special cases of using personal archival documents; and competence and procedures for grant and withdrawal of archival practice certificates.

Article 2. Interpretation of terms

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

1. E-record means a gathering of e- documents which relate to each other on a specific issue, event or subject or have common characteristics, and are formed during the monitoring and settlement of affairs within the scope of functions and tasks of agencies, organizations or individuals.

2. The setting up e-record means the application of information technology in order to combine e-documents formed during the monitoring and settlement of affairs of an agency, organization or individual into an e-record.

3. Input information data means the information describing attributes of a document such as content, author, time, format, quality, conditions and other properties aiming to facilitate for the collection, preservation, search, access, management and storage of data.

4. Professional documents means technical and professional documents formed during the settlement of affairs to serve for daily professional operations of an agency or organization.

5. Archival practice certificate means a written confirmation on professional capability issued by a competent state agency for a person who has full professional qualification, experience and conditions as prescribed by law to perform archival services.

Chapter 2.

MANAGEMENT OF E-ARCHIVAL DOCUMENTS

Article 3. Valuation of e-archival documents

1. E-archival documents shall be valuated according to the principles, methods and standards of content valuation such as archival documents on other information carriers and must meet the following requirements:

a/ The reliability, integrity and authenticity of information in e-archival documents must be assured since such documents are created at the first time under form of a complete data message;

b/ Information in e-archival documents can be accessed and used under a complete form.

2. E-archival documents which meet the conditions as specified in Clause 1 of this Article are valid as their originals.

Article 4. E-archival documents formed during the operation of agencies and organizations

1. E-archival documents formed during the operation of an agency or organization must be made into records, selected and preserved according to archival operations and information technology in the e-document management system.

2. The e-document management system must ensure technical requirements to have the authenticity, integrity, consistency, security of information and accessibility of e-archival documents right upon they are created.

3. The Ministry of Home Affairs and the Ministry of Information and Communications shall define basic functions, the process for exchange, storage and processing of e-documents; responsibilities of agencies, organizations and individuals in the course of settlement of affairs in the e-document management system.

Article 5. E-archival documents formed from the digitalization of archival documents on other information carriers

1. E-archival documents formed from the digitalization of archival documents on other information carriers must meet criteria of input information data. Agencies, organizations and individuals are not allowed to destroy archival documents of permanent archival value after those documents are digitized.

2. Agencies and organizations shall use digital signatures for digitized documents.

3. Digital signatures of agencies and organizations must meet requirements of law on e-transactions.

Article 6. Criteria of input information data

1. Input information data must be consistent and conformable with technical standards on information technology and archival operations.

2. The Ministry of Home Affairs shall guide criteria of input information data of e-archival documents.

Article 7. Collection of e-archival documents

1. If electronic and paper archival documents have identical contents, to collect both types.

2. Upon transfer and receipt of e-archival documents, institutional archival unit and historical archival unit must check the authenticity, integrity and accessibility of records. Records must assure their contents, structures and backgrounds of forming and be protected to prevent damage, destruction, modification or loss of data.

3. E-archival documents must be collected into institutional archival unit according to the following process:

a. Institutional archival units notify to units handing over the documents of the list of transferred records;

b. Institutional archival unit and units handing over the documents reach consensus on requirements, devices, structure and format of transfer;

c. Units or individuals hand over records and specification data enclosed;

d. Institutional archival unit check to ensure that records are fully and properly received according to the list; agreed format and structure; proper connection between specification data and records; and check for viruses;

dd. Institutional archival units transfer records to their e-archival document management system and perform measures to have backup copies;

e. To make dossiers of transfer of e-archival documents to institutional archival unit.

4. E-archival documents must be collected to historical archival unit according to the following process:

a. Historical archival and institutional archival units reach consensus on the list of transferred records, requirements, devices, structure and format of transfer;

b. Institutional archival units deliver records and specification data enclosed;

c. Historical archival units check to ensure that the records are received fully and properly according to the list; agreed format and structure; proper connection between specification data and records; and check for viruses;

d. Historical archival units transfer records in their e-archival document management system and make measures to have backup copies;

e. To make dossiers of transfer of e-archival documents to historical archival units.

5. Agencies, organizations and individuals may destroy e-archival records and documents only after those records and documents is transferred successfully and checked and certified by institutional or historical archival units.

6. Technical standards in during the transfer and collection of e-archival documents between institutional archival and historical archival units must comply with standards on data exchange as prescribed by law.

Article 8. Preservation of e-archival documents

1. E-archival documents must be safely pre­served and converted under suitable technology.

2. Institutional archival and historical archival units must regularly check and make backup copies of e-archival documents in order to ensure the safety, integrity and accessibility of e-archival documents and use technical measures for convenience in classification and storage of e-archival documents with assurance to not change contents of documents.

3. Devices for storing e-archival documents must be preserved in a suitable archival environment.

4. The Ministry of Home Affairs shall detail requirements for preservation of e-archival documents.

Article 9. Use of e-archival documents

1. The competence to permit the reading, copying and archival certification of e-archival documents is performed as archival documents on other information carriers.

2. Agencies and organizations shall publish about the process, procedures and expenses for supply of service of using e-archival documents on their websites.

3. To encourage supply of services of online using e-archival document.

4. Devices for storing e-archival documents in the list of documents restricted from use are not be connected and used on the wide area networks.

Article 10. Assurance of safety and confidentiality for e-archival documents

1. Agencies and organizations shall regularly examine and assure safety of their e-document management systems.

2. Agencies and organizations shall perform measures to assure security, safety and confidentiality in accordance with law during the management of e-archival documents.

Article 11. Destruction of invalid e-archival documents

1. Invalid e-archival documents shall be destroyed according to the competence and procedures like as the invalid archival documents stored on other information carriers.

2. The destruction of e-archival documents must be performed for all records in the approved list of invalid documents and ensure that it is impossible to recover the destroyed information.

Article 12. Strictly prohibited acts

1. Illegally accessing, changing, faking, copying, disclosing, sending or destroying the e-archival documents.

2. Creating or spreading software programs which cause disturbance, change or destroy the operating system or conducting other acts aiming to destroy devices managing e-archival documents.

Article 13. The responsibility for management of e-archival documents

1. The Ministry of Home Affairs shall:

a. Elaborate strategies, programs, plans, schemes and plans on information technology application in order to assure uniform management of e-archival documents under its jurisdiction;

b. Elaborate and propose competent authorities to promulgate or promulgate according to its jurisdiction regulations, requirements, principles, standards and methods of storage of e-documents.

2. Heads of agencies and organizations shall direct the management of e-archival documents in accordance with law.

3. Archivists shall advise and propose heads of agencies or organizations to implement in accordance with law on storage of e-documents.

4. Information technology units or sections of agencies or organizations shall advise and propose heads of their agencies or organizations to apply information technology to the management of e-archival documents and perform technical measures to maintain the operation of e-document management systems of agencies or organizations.

5. The persons who directly monitor and settle affairs shall observe regulations on the creation, management and making of e-records in the course of monitoring, settling affairs and transferring e-records and e-documents to institutional archival units.

6. Historical archival units shall perform archival operations for e-archival documents in accordance with the law on archives.

Chapter 3.

TIME LIMIT FOR TRANSFER OF ARCHIVAL DOCUMENTS OF THE PUBLIC SECURITY, DEFENSE, FOREIGN AFFAIRS AND OTHER SECTORS TO HISTORICAL ARCHIVAL UNITS

Article 14. Time limit for transfer of archival documents of the public security, defense and foreign affairs

1. Documents of permanent preservation value of the public security, defense and foreign affairs must be transferred to historical archival units within 30 years after the affairs are completed, except archival documents which have not been declassified or are necessary for daily professional operations.

2. The Ministry of Public Security, the Ministry of National Defense and the Ministry of Foreign Affairs shall provide the time limit for preserving documents of their sectors after reaching consensus with the Ministry of Home Affairs; and reach consensus on the focal agency to organize the selection of archival documents of permanent preservation value due for transfer and transfer them to competent historical archival units in accordance with the Law on Archives.

Article 15. Time limit of sending professional archival documents for storage of other sectors

1. Professional documents of permanent preservation value of other sectors and domains must be sent to historical archival units for storage within 30 years after the affairs are completed, except archival documents that are necessary for daily professional operations of agencies and organizations.

2. Agencies managing sectors and domains shall provide for the time limit of preserving professional documents after reaching consensus with the Ministry of Home Affairs; and select documents of permanent preservation value due for sending for storage and sending them to competent historical archival units in accordance with the Law on Archives.

Chapter 4.

SEVERAL SPECIAL CASES UPON USING PERSONAL ARCHIVAL DOCUMENTS

Article 16. Special cases upon using personal archival documents

Personal archival documents which are currently preserved at historical archival units and fall in one of the following cases are not used widely 40 years after the year of the concerned person’s death:

1. The use of personal archival documents affects the benefits of the country, people.

2. Personal archival documents which are donated or deposited at historical archival units are used without permission of the concerned persons or their lawful representatives.

Article 17. Competence to permit the use of personal archival documents

The archival documents specified in Article 16 of this Decree may be used in a restricted manner after being permitted by the following competent authorities:

1. The Minister of Home Affairs shall decide permission for documents preserved at central historical archival units.

2. Chairpersons of provincial People's Committees shall decide permission for documents preserved at provincial historical archival units.

3. The concerned persons or their lawful representatives shall permit use of personal archival documents deposited at historical archival units.

Chapter 5.

COMPETENCE OF AND PROCEDURES FOR ISSUANCE AND WITHDRAWAL OF ARCHIVAL PRACTICE CERTIFICATES

Article 18. Competence of issuance, re-issuance and withdrawal of archival practice certificates

1. An archival practice certificate is valid for 5 years from the date of its issuance and valid nationwide.

2. Directors of provincial Departments of Home Affairs shall issue, re-issue and withdraw archival practice certificates.

3. The Ministry of Home Affairs shall unify management and issuance of the blank prints of archival practice certificates.

Article 19. Examination of archival operations

1. Persons applying for archival practice certificate must pass the examination of archival operations provided by the Ministry of Home Affairs.

2. The Ministry of Home Affairs shall specify the competence, content of examination of archival operations and certificate of archival operation examination result.

Article 20. Dossier of application for archival practice certificate

1. An application for archival practice certificate.

2. The certificate of archival operation examination result.

3. Written certification on the working time of 05 years or more in archival sector by agency or organization where the applicant works. The person making such certification must take responsibility for the exactness of certification content.

4. A certified copy of the graduation diploma in a specialized discipline suitable with each practice field, specifically:

a. For services of archival document preservation, embellishment, sterilization, deacidification and mold removal, the diploma in archives, chemistry or biology is required;

b. For document revision service, the tertiary diploma in clerical and archival operations is required; in case of bachelors of other disciplines, the clerical and archival training certificate granted by a competent agency is required.

c. For service of archival document digitalization, the diploma in archives or information technology is required. If graduated with archival diplomas, the information technology training certificate granted by a competent agency is required. If graduated with information technology diplomas, the clerical and archival training certificate granted by a competent agency is required;

d/ For services of research, consultancy, scientific application and technology transfer, the tertiary diploma in archives is required; if graduated with other disciplines, the clerical and archival training certificate granted by a compe­tent agency is required.

5. A resume certified by the communal People's Committee of the locality where the applicant registers permanent residence.

6. Two 2x3 cm photos (taken within last six months).

Article 21. Procedures for issuance of archival practice certificate

1. The applicant for issuance of archival practice certificate sends a set of dossier to the provincial Department of Home Affairs of the locality where he/she registers permanent residence.

2. The provincial Department of Home Affairs checks the dossier in accordance with regulations and provides a receipt of dossier.

3. Within 15 working days after receiving a complete dossier from the applicant, the director of the provincial Department of Home Affairs shall issue an archival practice certificate to the eligible applicant in accordance with regulation.

4. The collection and use of the fee for the issuance of archival practice certificates comply with regulations of the Ministry of Finance.

Article 22. Re-issuance of archival practice certificates

1. An archival practice certificate is re-issued in the following cases:

a. It expires;

b. Its practice content is added;

c. It is corrupted or lost.

2. A dossier of re-issuance of an archival practice certificate includes:

a. An application for re-issuance of an archival practice certificate filed to the agency that has issued the old certificate;

b. The old archival practice certificate (unless it has been lost);

c. Certified copies of the diplomas and certificates and written certification of working duration in the field related to the practice content requested for addition (for case of applying for supplementation of new practice content).

3. The time limit for re-issuance of archival practice certificates is the same as for the issuance of new ones. Provincial Departments of Home Affairs shall consider and re-issue archival practice certificates to eligible subjects in accordance with regulation and withdraw old certificates (unless such certificates have been lost).

4. The content and valid term of an archival practice certificate which is re-issued or supplemented new practice content are inscribed as follows:

a. According to the content and valid term of the old certificate, in case of damage or loss;

b. According to the supplemented practice contents, in case of application for supplementation of practice content;

c. According to case of issuing a new certificate, in case where the archival practice certificate expires.

Article 23. Withdrawal of archival practice certificates

1. Apart from cases specified in clause 3, Article 37 of the Law on Archives, a person who is issued an archival practice certificate will be withdrawn such certificate if he/she falls in one of the following cases:

a. Practicing improperly with content inscribed in the archival practice certificate;

b. Arbitrarily erasing or correcting the archival practice certificate;

c. Lending or renting or allowing other persons use the archival practice certificate;

d. He/she has declared untruthful information in the dossier of applying for the archival practice certificate;

e. Offending law regulations relating to archival activities.

2. Competence to withdraw an archival practice certificate belongs to the provincial Department of Home Affairs that has issued such archival practice certificate. For case of detecting violations stipulated in clause 3 Article 31 of the Law on Archives or clause 1 of this Article, the provincial Department of Home Affairs that detects violations shall notify such to the provincial Department of Home Affairs that has issued the archival practice certificate for handling according to its competence.

Article 24. Rights and obligations of the person who is issued archival practice certificate

1. Being entitled to conduct archival practice nationwide in accordance with law.

2. Practicing within the scope of the issued archival practice certificate.

3. Not being permitted to arbitrarily erase, correct, and let other person to rent or borrow the archival practice certificate.

4. Producing the certificate and abide by requirements on inspection and examination as requested by competent agencies.

Article 25. The responsibilities for management of archival practice certificates

1. The Ministry of Home Affairs shall guide and inspect the issuance and management of archival practice certificates; manage, make statistics and review situation of issuance of archival practice certificates nationwide.

2. Provincial Departments of Home Affairs shall:

a. Examine and inspect archival practice activities within their localities;

b. Withdraw archival practice certificates of violators in accordance with regulations; handle under their competence or propose competent agencies to handle violations in practicing archival service;

c. Monthly provide information about the issuance, re-issuance and withdrawal of archival practice certificates on the websites of their provinces or centrally-run cities;

d. Settle complaints and denunciations about the issuance, use and management of archival practice certificates;

dd. Store original dossiers; register the issuance, re-issuance and withdrawal of archival practice certificates in a dossier register book or database for archives of their localities;

e. Annually or irregularly report on the issuance, re-issuance and withdrawal of archival practice certificates to agencies assisting the Ministry of Home Affairs in the state management of archives.

Article 26. Handling of violations

If individuals practicing in archival field violate the law on archives shall be handled in accordance with law.

Chapter 6.

IMPLEMENTATION PROVISIONS

Article 27. Effect

This Decree takes effect on March 01, 2013.

Article 28. Implementation organization

The Minister of Home Affairs shall guide and organize the implementation of this Decree.

Article 29. Execution responsibility

Ministers, heads of Ministerial-level agencies, heads of Government-attached agencies, chairpersons of provincial People's Committees and relevant agencies, organizations and persons shall implement this Decree.