Law on Archives No. 01/2011/QH13

LAW

Archives

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution number 51/2001/QH10;

The National Assembly enacts the Law on Archives,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Law stipulates the activities of archiving; the rights and obligations of agencies, organizations, and individuals in archival activities; training and professional development in archiving; archival service activities and management of archives.

2. This Law applies to state agencies, political organizations, socio-political organizations, socio-professional organizations, social organizations, socio-professional organizations, economic organizations, public service units, people's armed forces units (hereinafter referred to collectively as agencies and organizations) and individuals.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. Archival activities are the activities of collecting, organizing, determining value, preserving, statistics, and utilizing archival materials.

2. Materials are objects carrying information formed during the operation of agencies, organizations, and individuals.

Materials include documents, drafts, design drawings, maps, research works, ledgers, statistical tables; film negatives, film positives, photographs, microfilms; audio tapes, video discs; electronic documents; literary and artistic work manuscripts; work diaries, journals, memoirs, calligraphy, handwritten documents; paintings or prints; publications, and other information-carrying objects.

3. Archival materials are materials with value for practical activities, scientific research, and history selected for archiving.

Archival materials include original and true copies; in cases where the original or true copy is unavailable, they may be replaced by a legally certified copy.

4. Organizational archiving is the organization implementing archiving activities for organizational archival materials.

5. Historical archiving is the agency implementing archiving activities for archival materials with permanent preservation value received from organizational archiving and other sources.

6. An archival fond is the entire set of archival materials formed during the operation of an agency, organization, or individual.

7. The National Archive of Vietnam is the entire set of archival materials of Vietnam, regardless of the time of formation, place of storage, political-social system, recording technology, and information-carrying objects.

The National Archive of Vietnam includes the Communist Party of Vietnam Archive and the State of Vietnam Archive.

8. The Communist Party of Vietnam Archive is the entire set of archival materials formed during the operation of the organizations of the Communist Party of Vietnam, its predecessor organizations, socio-political organizations; historical figures, outstanding individuals of the Party, its predecessor organizations, and socio-political organizations.

9. The State of Vietnam Archive is the entire set of archival materials formed during the operation of state agencies, socio-professional organizations, social organizations, socio-professional organizations, economic organizations, public service units, people's armed forces units, historical figures, outstanding individuals, and other materials formed through various historical periods of the country.

The State of Vietnam Archive comprises the archival fonds of agencies, organizations, and individuals specified herein.

10. A file is a collection of related documents concerning a specific issue, event, object, or common characteristics, formed during the monitoring and resolution of tasks within the scope of functions and responsibilities of agencies, organizations, and individuals.

11. Creating a file is the process of gathering and arranging documents formed during the monitoring and resolution of tasks of agencies, organizations, and individuals into files according to certain principles and methods.

12. Collecting materials is the process of identifying material sources, selecting, receiving valuable materials to transfer them to organizational archiving or historical archiving.

13. Arranging materials is the process of classifying, determining value, arranging, statistics, and creating retrieval tools for materials formed during the operation of agencies, organizations, and individuals.

14. Determining the value of materials is the process of evaluating the value of materials according to the principles, methods, and standards prescribed by competent authorities to determine materials with archival value, preservation period, and materials without value.

15. A backup copy of archival materials is a copy made from archival materials according to certain methods and standards to retain that copy as a precaution against risks to the original archival materials.

Article 3. Principles of archival management

1. The State uniformly manages the documents of the National Archive of Vietnam.

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

3. The documents of the National Archive of Vietnam are statistically recorded by the State.

Article 4. State policy on archives

1. Ensuring financial resources and human resources for the protection, safekeeping, and effective organization of the use of documents of the National Archive of Vietnam.

2. Concentrating on modernizing material infrastructure, technology, and applying science and technology in archival activities.

3. Recognizing ownership rights over archival materials; encouraging organizations and individuals to donate, deposit, sell their archival materials to the State, contribute, and sponsor archival activities and implement archival service activities.

4. Strengthening international cooperation in archival activities.

Article 5. Management of personal, family, and clan documents

1. Personal, family, and clan documents (hereinafter referred to collectively as personal) that have value for practical activities, scientific research, and history for the nation and society shall be registered under the National Archive of Vietnam include the following:

a) Genealogies, family histories, diplomas, titles, biographical documents;

b) Handwritten manuscripts, printed documents with handwritten annotations, scientific research works, creative works, correspondence;

c) Films, photographs; audio and video recordings; electronic documents;

d) Works and articles about individuals;

đ) Collected publications and documents by individuals.

2. Historical archives responsible for registering the documents of individuals under this Article shall determine the value of such documents.

3. Individuals with documents have the following rights:

a) To register their documents at historical archives and receive technical guidance and assistance in preserving and promoting the value of the documents specified in this Article;

b) To decide on donating or depositing their documents to historical archives;

c) To negotiate the sale of their documents;

d) To be prioritized in using donated documents;

đ) To permit others to use deposited documents at historical archives, but not to harm national security, the interests of the State, or the lawful rights and interests of agencies, organizations, and individuals;

e) To be commended by the State according to the provisions of the law.

4. Individuals with documents have the following obligations:

a) Only to donate or sell to historical archives documents related to national security;

b) To pay storage fees as prescribed by law for deposited documents at historical archives, except for registered documents.

Article 6. Responsibilities of heads of agencies and organizations

Heads of agencies and organizations within the scope of their duties and authority are responsible for managing archives, implementing measures to improve efficiency in collecting, managing, preserving, and utilizing archival documents; issuing regulations on archival work in their agencies and organizations.

Article 7. Archivists

1. Archivists working in state agencies, political organizations, political-social organizations, people's armed units, public institutions must meet the standards prescribed by law; they must be trained and further educated in archival expertise and other necessary knowledge suitable for their work; they enjoy corresponding benefits and rights in their agencies and organizations and special profession allowances and preferential policies as prescribed by law.

2. Archivists who do not fall under the cases prescribed in Clause 1 of this Article must be trained and further educated in archival expertise and other necessary knowledge suitable for their work; they enjoy benefits and rights of workers employed in those organizations.

3. Persons assigned to concurrently perform archivist duties must be further educated in archival expertise and other necessary knowledge suitable for their work.

Article 8. Prohibited Acts

1. Appropriating, damaging, or losing archival documents.

2. Forging, altering, or distorting the content of archival documents.

3. Illegally buying, transferring, or destroying archival documents.

4. Using archival documents for purposes that infringe upon the interests of the State, the lawful rights and interests of agencies, organizations, and individuals.

5. Illegally taking archival documents out of the country.

Chapter II

COLLECTION OF ARCHIVAL DOCUMENTS

Section 1

ESTABLISHING AND MANAGING FILES AND DOCUMENTS AT AGENCY ARCHIVES

Article 9. Responsibility for creating and submitting records and documents to the agency archive

1. The person assigned to handle or monitor the work of the agency or organization shall be responsible for creating records on the assigned work and submitting them to the agency archive; before retirement, resignation, or transfer to another position, they must hand over all records and documents fully to the responsible person of the agency or organization.

2. The head of the agency or organization shall be responsible for managing the archival documents of the agency or organization; directing, inspecting, and guiding the creation of records and submission of records and documents to the agency archive.

The head of the unit within the agency or organization shall be responsible for organizing the implementation of record creation, preservation, and submission of records and documents of the unit to the agency archive.

Article 10. Responsibilities of the agency archive

1. Assist the head of the agency or organization in guiding the creation of records and submission of records and documents.

2. Collect, organize, determine the value of documents, statistics, preserve, and organize the use of archival documents.

3. Transfer archival documents with permanent preservation value listed in the Document Submission Catalogue to the historical archive; organize the destruction of expired documents according to the decision of the head of the agency or organization.

Article 11. Time Limit for Submitting Files and Documents to the Agency Archive

1. The deadline for submitting records and documents to the agency archive is stipulated as follows:

a) Within one year from the date the work ends, except in cases provided for in point b of this clause;

b) Within three months from the date the construction project is settled for basic construction records and documents.

2. In cases where units or individuals wish to retain records and documents that have reached the submission deadline specified in Clause 1 of this Article for work purposes, they must obtain the consent of the head of the agency or organization and must prepare a Catalogue of retained records and documents to submit to the agency archive.

The retention period for records and documents of units or individuals shall not exceed two years from the submission deadline.

Article 12. Responsibility for transferring and receiving records and documents to the agency archive

1. Units or individuals transferring records and documents shall be responsible for completing the records of concluded work, compiling the Catalogue of submitted records and documents, and transferring them to the agency archive.

2. The agency archive shall be responsible for receiving records and documents and preparing a Receipt and Delivery Record for records and documents.

3. The Catalogue of submitted records and documents and the Receipt and Delivery Record for records and documents shall be prepared in two copies; the unit or individual transferring the records and documents retains one copy, and the agency archive retains one copy.

Article 13. Management of electronic archival materials

1. Electronic archival materials are data messages created in the form of electronic records formed during the operation of agencies, organizations, or individuals selected for storage or digitized from archival materials on other information carriers.

2. Electronic archival materials must meet input data standards, ensuring continuity, consistency, authenticity, security, and accessibility; they shall be preserved and utilized according to specialized methods.

3. Materials digitized from archival materials on other information carriers do not replace the digitized materials.

4. The Government shall provide detailed regulations on the management of electronic archival materials.

Article 14. Management of archival documents of communes, towns, wards

1. Documents formed during the operation of the People's Council, People's Committee, social organizations, and occupational social organizations of communes, towns, and wards shall be selected and stored at the People's Committee Office of the commune, town, or ward.

The archivist at the People's Committee Office of the commune, town, or ward must meet the professional and vocational standards for archiving and enjoy benefits and rights as prescribed by law.

2. The archivist at the People's Committee Office of the commune, town, or ward has the responsibility to guide the creation of files, receipt of files and documents, organization, statistics, preservation, and provision for the use of archival documents according to the regulations on archiving.

Section 2

ORGANIZATION AND DETERMINATION OF DOCUMENT VALUE

Article 15. Organization of archival documents

1. The head of the agency or organization is responsible for directing and organizing the organization of archival documents within their management scope.

2. After being organized, documents must meet the following basic requirements:

a) Classified according to archival vocational principles;

b) Determined with a retention period;

c) Files completed and systematized;

d) Have an index of files, searchable database, and list of expired documents.

Article 16. Determination of the value of documents

1. Determining the value of documents must ensure the principles of politics, history, comprehensiveness, and synthesis.

2. Determining the value of documents is carried out through systematic methods, functional analysis, information analysis, and historiography.

3. Determining the value of documents must be based on the following basic criteria:

a) Content of the document;

b) Position of the agency, organization, or individual forming the document;

c) Significance of the event, time, and place of formation of the document;

d) Completeness level of the archive collection;

đ) Form of the document;

e) Physical condition of the document.

Article 17. Retention period of documents

1. Documents retained permanently are those with significance and value that are not dependent on time.

Permanently retained documents include documents on policies, programs, strategies, projects, national target programs, and other documents related to land and housing as prescribed by competent authorities.

2. Documents with a limited retention period are those not covered under Clause 1 of this Article and have a retention period less than 70 years.

3. Documents that have lost value and need to be removed for destruction are those containing duplicate information or have exceeded their retention period as prescribed and are no longer necessary for practical activities, scientific research, or historical purposes.

4. The Minister of Home Affairs shall provide detailed regulations for Clauses 1 and 2 of this Article.

Article 18. Document Value Determination Council

1. The Document Value Determination Council is established to advise the head of the agency or organization on determining retention periods, selecting documents for submission to the agency archives, choosing archival documents from the agency archives for submission to the historical archives, and identifying documents that have lost value.

2. The Document Value Determination Council is decided to be established by the head of the agency or organization. The council members include:

a) Chairman of the Council;

b) The archivist from the agency or organization serves as the Secretary of the Council;

c) A representative from the unit holding the documents serves as a member;

d) An expert knowledgeable about the field of the documents needing valuation serves as a member.

3. The Document Value Determination Council discusses collectively and concludes by majority vote; differing opinions must be recorded in the meeting minutes to be presented to the head of the agency or organization.

4. Based on the proposal of the Document Value Determination Council, the head of the agency or organization decides on the retention period of documents, selects documents for submission to the agency archives, chooses archival documents from the agency archives for submission to the historical archives, and destroys documents that have lost value as stipulated in Article 28 of this Law.

Section 3

COLLECTION OF DOCUMENTS INTO HISTORICAL ARCHIVES

Article 19. Historical Archives

1. Historical archives are organized at the central and provincial levels to store documents with permanent preservation value listed in the Catalogue of Documents Submitted for Historical Archives.

2. Historical archives shall have the following responsibilities:

a) Submitting to the competent archival authority at the same level to issue the Catalogue of Agencies and Organizations that submit documents and approve the Catalogue of Documents Submitted for Historical Archives;

b) Guiding agencies and organizations that submit documents to prepare documents for submission;

c) Collecting, organizing, determining value, statistics, preserving, and organizing the use of archival documents.

Article 20. Collection and Acceptance of Documents into Historical Archives

1. The historical archives of the Communist Party of Vietnam collect documents belonging to the Communist Party of Vietnam Archive according to this Law and the regulations of the competent authority of the Communist Party of Vietnam.

2. The historical archives of the State collect documents belonging to the State of Vietnam National Archive according to the following provisions:

a) Central historical archives collect and accept archival documents formed during the operation of central agencies and organizations of the Democratic Republic of Vietnam and the Socialist Republic of Vietnam; central agencies and organizations of the Democratic Republic of Vietnam at the ministry, inter-region, region, and special region levels; central agencies and organizations of the Provisional Revolutionary Government of the Republic of South Vietnam and other central organizations under revolutionary governments before 1975; state enterprises established by the Prime Minister's decision and other economic organizations according to the law; agencies and organizations of social systems existing on the territory of Vietnam before 1975;

b) Provincial historical archives collect and accept archival documents formed during the operation of provincial, district-level agencies and organizations, and special administrative-economic units not included in the agencies and organizations specified in point a of this clause.

3. Historical archives collect personal archival documents based on agreement.

Article 21. Time Limit for Submission of Documents into Historical Archives

1. Within ten years from the year the work ends, agencies and organizations listed in the Catalogue of Agencies and Organizations that submit documents shall be responsible for submitting documents with permanent preservation value into Historical Archives.

2. The time limit for submission of documents into Historical Archives of the Public Security, Defense, Foreign Affairs sectors, and other sectors shall be implemented according to the regulations of the Government.

Article 22. Responsibilities for Handover and Acceptance of Documents into Historical Archives

1. Agencies and organizations listed in the Catalogue of Agencies and Organizations that submit documents shall have the following responsibilities:

a) Organizing documents before submission and preparing an Index of Files and Documents Submitted;

b) Preparing a Catalogue of Documents with classified seals;

c) Submitting documents and retrieval tools to Historical Archives.

2. Historical archives shall organize the acceptance of files and documents and prepare a Receipt and Delivery Record of Files and Documents.

3. The Index of Files and Documents Submitted and the Receipt and Delivery Record of Files and Documents shall be prepared in three copies; the agency or organization submitting files and documents retains one copy, Historical Archives retain two copies and shall be permanently stored at the agency or organization and Historical Archives.

Article 23. Management of archival documents of agencies and organizations not included in the List of Agencies and Organizations as Sources for Archival Submission or Documents Not Included in the List of Documents to be Submitted to Historical Archives

Archival documents formed during the operation of agencies and organizations not included in the List of Agencies and Organizations as Sources for Archival Submission or documents not included in the List of Documents to be Submitted to Historical Archives shall be managed at the agency's archives.

Article 24. Management of archival documents in cases where agencies and organizations divide, separate, merge, dissolve; state-owned economic organizations divide, separate, merge, dissolve, change ownership form, or go bankrupt

When agencies and organizations divide, separate, merge, dissolve; state-owned economic organizations divide, separate, merge, dissolve, change ownership form, or go bankrupt, the heads of these agencies, organizations, and enterprises must organize the management and submission of documents according to the following regulations:

1. Documents formed during the operation of any agency or organization must be organized, statistically recorded, and preserved according to that agency or organization’s archival fonds.

2. When an agency or organization has a decision to divide, separate, merge, or dissolve; when an enterprise has a decision to divide, separate, merge, dissolve, change ownership form, or go bankrupt, all completed case files and documents of units and individuals within the agency, organization, or enterprise must be submitted to the agency's archives to proceed with organizing the documents as prescribed.

3. After being organized, archival documents shall be managed as follows:

a) Archival documents of agencies, organizations, and enterprises included in the List of Sources for Archival Submission to Historical Archives shall be submitted to the competent Historical Archives;

b) Archival documents of agencies, organizations, and enterprises not included in the List of Sources for Archival Submission to Historical Archives shall be managed at the new agency's or organization's archives that have taken over the old premises; in cases where the agency or organization dissolves, the enterprise dissolves, goes bankrupt, or there is no new agency, organization, or enterprise taking over the old premises, or multiple new agencies, organizations, or enterprises take over the old premises, the archival documents of the agency, organization, or enterprise shall be submitted to the agency's archives according to the decision of the directly superior agency or organization or the competent authority.

Chapter III

PRESERVATION, STATISTICAL RECORDING OF ARCHIVAL DOCUMENTS, DESTRUCTION OF DOCUMENTS WITH NO VALUE

Article 25. Responsibility for preserving archival documents

1. The head of the agency or organization is responsible for establishing and arranging storage facilities, equipment, and necessary means, and implementing technical measures to protect and safely preserve archival documents and ensure their use.

2. In cases where non-state budget-funded organizations do not yet have the conditions to protect and preserve documents as stipulated in Clause 1 of this Article, they may deposit their documents with Historical Archives and must pay fees as prescribed by law.

Article 26. Management of valuable and rare archival documents

1. Valuable and rare archival documents are those permanently retained and possess one of the following characteristics:

a) They have special value in ideology, politics, economy-society, science, history, and are particularly important to the country and society;

b) They were formed under special historical circumstances regarding time, space, location, and author;

c) They are expressed on unique and representative media of a historical period.

2. Valuable and rare archival documents, regardless of ownership form, shall be registered with central and provincial state management agencies for archives and selected for registration in regional and world programs and titles.

3. Valuable and rare archival documents must be inventoried, preserved, copies made for insurance purposes, and used under special regimes.

Article 27. State Statistics on Archives

1. Documents in the National Archive Phong must be centrally recorded in accounting books, databases, and management files.

2. Agencies and organizations with archival documents must regularly implement the archive statistics system. Annual statistical report data shall be calculated from January 1 to December 31.

3. Archive statistics shall be carried out according to the following provisions:

a) Central agencies and organizations shall compile data from subordinate units and report to the central state archive management agency;

b) Provincial-level agencies and organizations shall compile data from subordinate units and report to the provincial state archive management agency.

The provincial state archive management agency shall compile data from provincial-level agencies and organizations, county-level state archive management agencies, and report to the central state archive management agency;

c) County and commune-level agencies and organizations shall compile data from subordinate units and report to the county state archive management agency.

The county state archive management agency shall compile data from county and commune-level agencies and organizations and report to the provincial state archive management agency.

Article 28. Destruction of Expired Documents

1. The authority to decide on the destruction of expired documents is stipulated as follows:

a) The head of the agency or organization decides on the destruction of expired documents at the agency's archive.

b) The head of the archive management agency at each level decides on the destruction of expired documents at the historical archive at the same level.

2. The procedure for deciding on the destruction of expired documents is stipulated as follows:

a) Upon the proposal of the Valuation Committee, the head of the agency or organization listed in the Directory of Source Agencies and Organizations submitting documents to the Historical Archive requests the archive management agency at the same level to appraise the expired documents to be destroyed; the head of the agency or organization not listed in the Directory of Source Agencies and Organizations submitting documents to the Historical Archive requests the superior agency's archive to provide comments on the expired documents to be destroyed;

Based on the appraisal opinion of the Valuation Committee or the comments of the superior agency, the person authorized under Clause 1 of this Article decides on the destruction of expired documents;

b) Upon the proposal of the Review Committee for Valuation of Documents, the head of the agency implementing state archive management tasks decides on the destruction of duplicate information documents at the Historical Archive.

The Review Committee for Valuation of Documents is established by the head of the agency implementing state archive management tasks to review expired documents at the Historical Archive;

3. The destruction of expired documents must ensure the complete destruction of information contained in the documents and must be recorded in minutes.

4. The file for destroying expired documents includes:

a) Decision establishing the Council;

b) List of expired documents; report and explanation of expired documents;

c) Minutes of the Valuation Committee meeting; Minutes of the Review Committee for Valuation of Documents meeting;

d) Request for review and opinion of the agency or organization holding expired documents;

đ) Review and opinion document of the competent authority;

e) Decision on the destruction of expired documents;

g) Handover minutes of canceled documents;

h) Minutes of the destruction of expired documents.

5. The file for destroying expired documents must be kept by the agency or organization whose documents were destroyed for at least twenty years from the date of destruction.

Chapter IV

USE OF STORED DOCUMENTS

Article 29. Rights and Obligations of Agencies, Organizations, and Individuals in Using Archival Documents

1. Agencies, organizations, and individuals have the right to use archival documents for work purposes, scientific research, historical studies, and other legitimate needs.

2. When using archival documents, agencies, organizations, and individuals shall fulfill the following obligations:

a) Indicate the archival number, originality of the archival document, and the agency or organization managing the archival document; respect the originality of the document when publishing, introducing, or quoting from the archival document;

b) Not infringe upon the interests of the State, rights, and lawful interests of agencies, organizations, and individuals;

c) Pay fees for using archival documents as prescribed by law;

d) Comply with the provisions of this Law, internal regulations, and rules of the agency or organization managing the archival document, and other relevant legal provisions.

3. Agencies and organizations that possess archival documents shall have the following responsibilities:

a) Proactively introduce archival documents and create favorable conditions for the use of archival documents they directly manage;

b) Annually review and notify archival documents in the List of Documents with Confidentiality Levels that have been declassified.

Article 30. Use of Archival Documents at Historical Archives

1. Archival documents at Historical Archives may be widely used, except for documents listed in the Restricted Use Document List and the List of Documents with Confidentiality Levels.

2. Restricted use documents have one of the following characteristics:

a) Archival documents not listed in the List of Documents with Confidentiality Levels but containing information that, if widely used, could seriously affect the interests of the State, rights, and lawful interests of agencies, organizations, and individuals;

b) Archival documents severely damaged or at risk of damage without restoration or repair;

c) Archival documents currently undergoing archival processing.

The Ministry of Home Affairs shall promulgate the Restricted Use Document List appropriate to the socio-economic conditions of each period.

The head of the Historical Archive decides on the use of archival documents listed in the Restricted Use Document List.

3. The use of archival documents listed in the List of Documents with Confidentiality Levels shall be carried out in accordance with the laws on state secrets protection.

4. Archival documents listed in the List of Documents with Confidentiality Levels may be widely used in the following cases:

a) Declassified according to the laws on state secrets protection;

b) Forty years after the year the matter was concluded for documents marked as secret but not yet declassified;

c) Sixty years after the year the matter was concluded for documents marked as top secret or absolutely secret but not yet declassified.

5. Personal-related documents may be widely used forty years after the individual's death, except for certain special cases as prescribed by the Government.

6. Archival documents reaching the wide-use period specified in point c, Clause 4, and Clause 5 of this Article may still not be widely used based on the decision of the competent authority.

7. Users of archival documents at Historical Archives must have a National Identity Card or Passport; in cases where the use is for work purposes, they must also have an introduction letter or a request document from their workplace agency or organization.

Article 31. Utilization of archival materials at agency archives

The head of the agency or organization shall base on the provisions of this Law and other relevant laws to stipulate the utilization of archival materials at their own agency or organizational archives.

Article 32. Forms of utilizing archival materials

1. Using archival materials in reading rooms of agency archives and historical archives.

2. Publishing archival publications.

3. Introducing archival materials through mass media and electronic information pages.

4. Exhibiting and displaying archival materials.

5. Citing archival materials in research works.

6. Issuing copies of archival materials and certified archival copies.

Article 33. Copying archival materials, certifying archival materials

1. Copying archival materials and certifying archival materials shall be carried out by agency archives or historical archives.

The authorized person permitting the use of archival materials shall permit the copying of such materials.

2. Certified archival material is the confirmation by the agency, organization, or historical archive regarding the content of information or a copy of archival materials managed by agency archives or historical archives.

Agencies, organizations, and historical archives that copy archival materials and certify archival materials must bear legal responsibility for the copied archival materials and certified archival copies.

3. Persons receiving copies of archival materials and certified archival copies must pay fees.

4. Copies of archival materials and certified archival copies have the same value as original archival materials in relations and transactions.

Article 34. Removing archival materials from agency archives, historical archives

1. Agencies, organizations, and individuals may remove archival materials from agency archives and historical archives for work purposes, scientific research, and other legitimate needs after obtaining permission from the competent state authority and must return the archival materials intact.

2. The Minister of Home Affairs and the Party's competent authority decide on removing archival materials from historical archives abroad; stipulate the removal of archival materials from historical archives for domestic use.

The head of the agency or organization decides on removing archival materials from agency archives abroad; stipulates the removal of archival materials from agency archives for domestic use.

3. Organizations and individuals must notify the historical archive where they registered before taking archival materials abroad.

4. Archival materials in historical archives and personal archival materials registered in historical archives must create insurance copies before being taken abroad.

Chapter V

TRAINING AND PROFESSIONAL DEVELOPMENT IN ARCHIVING, ARCHIVAL SERVICES ACTIVITIES

Article 35. Training and professional development in archiving

1. Organizations meeting the conditions prescribed by law may conduct training and professional development in archiving.

2. The Ministry of Home Affairs shall prescribe the program and content of professional development in archiving; coordinate with the Ministry of Education and Training to prescribe the framework program for archiving vocational training.

Article 36. Archival service activities

1. An organization may engage in archival service activities if it meets the following conditions:

a) Registering archival service activities with the agency responsible for state management of archiving at the provincial level;

b) Having appropriate physical facilities and human resources to carry out archival service activities;

c) Individuals engaged in archival service activities of the organization must hold an Archiving Practice Certificate.

2. An individual may independently practice archival services if they meet the following conditions:

a) Hold an Archiving Practice Certificate;

b) Have appropriate physical facilities to carry out archival service activities;

c) Register archival service activities with the agency responsible for state management of archiving at the provincial level.

3. Archival service activities include:

a) Preserving, arranging, repairing, disinfecting, deacidifying, mold removal, and digitizing non-state secret archival materials;

b) Researching, consulting, applying science and transferring archiving technology.

Article 37. Professional Certificate for Archiving Practice

1. An individual shall be granted a Professional Certificate for Archiving Practice if they meet the following conditions:

a) Being a Vietnamese citizen with full capacity for civil conduct;

b) Having a clear record;

c) Holding a graduation certificate in an appropriate archiving-related major;

d) Having directly engaged in archiving work or related activities for at least five years;

đ) Passing the professional examination organized by the competent authority.

2. The following cases shall not be granted a Professional Certificate for Archiving Practice:

a) A person who is currently being pursued for criminal responsibility;

b) A person who is serving a prison sentence or is subject to administrative measures involving placement in a medical facility or educational institution;

c) A person who has been convicted of one of the offenses related to national security; intentionally disclosing state secrets; appropriating, buying, or destroying state secret documents.

3. If a person holding a Professional Certificate for Archiving Practice falls under any of the circumstances stipulated in Clause 2 of this Article, their Professional Certificate for Archiving Practice shall be revoked.

4. The Government shall specify the authority, procedures for issuing and revoking the Professional Certificate for Archiving Practice.

Chapter VI

ARCHIVING MANAGEMENT

Article 38. Responsibilities for Archiving Management

1. The Government shall uniformly manage archiving affairs.

2. The Ministry of Home Affairs shall be responsible before the Government for managing state archiving affairs and managing State Archive Collection documents.

3. The competent authority of the Communist Party of Vietnam shall manage the Communist Party of Vietnam Archive Collection documents.

4. Ministries, ministerial-level agencies, agencies under the Government, and central bodies of political-social organizations within their respective tasks and powers shall manage archiving affairs.

5. People's Committees at all levels within their respective tasks and powers shall manage state archiving affairs locally.

Article 39. Funding for Archiving Work

1. Funding for archiving work of state agencies, political organizations, and political-social organizations shall be allocated in the annual state budget and shall be used for the following purposes:

a) Construction and renovation of archival storage facilities;

b) Purchasing equipment and means for preserving and facilitating the use of archival materials;

c) Collecting and purchasing valuable and rare archival materials;

d) Arranging archival materials;

đ) Implementing technical preservation measures for archival materials;

e) Repairing, making insurance copies of archival materials;

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

h) Researching, applying science, and transferring archiving technology;

i) Other activities serving the modernization of archiving work.

2. The State encourages domestic and foreign organizations and individuals to contribute and sponsor the protection and promotion of the value of archival materials.

Article 40. International Cooperation on Archiving

1. International cooperation on archiving shall be carried out based on respecting independence, sovereignty, equality, and mutual benefit.

2. Contents of international cooperation on archiving include:

a) Signing, joining, and implementing international treaties on archiving; joining international archiving organizations;

b) Implementing international cooperation programs and projects;

c) Exchanging experts, training, and nurturing archiving staff with foreign countries and international organizations;

d) Organizing international scientific conferences, exhibitions; collecting archival materials; compiling and publishing archiving publications;

đ) Restoring and restoring archival materials;

e) Researching, applying science, and transferring archiving technology;

g) Exchanging archival catalogues, copies of archival materials, and professional archival materials.

Chapter VII

IMPLEMENTING PROVISIONS

Article 41. Effective Date

This Law shall take effect from July 1, 2012.

National Archives Law No. 34/2001/PL-UBTVQH10 shall cease to be effective from the date this Law takes effect.

Article 42. Detailed provisions

The Government and competent authorities shall issue detailed regulations for the Articles and Clauses assigned to them under this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 13th term, second session, on November 11, 2011./.