CIRCULAR
Guidelines on functions, tasks, powers, and organization of archives and records management organizations of ministries, ministerial-level agencies, government-affiliated agencies, and People's Committees at all levels.
Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007, stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies.
Pursuant to Decree No. 48/2008/NĐ-CP dated April 27, 2008, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs.
Pursuant to Decree No. 110/2004/NĐ-CP dated April 8, 2004, on record management work.
Pursuant to Decree No. 111/2004/NĐ-CP dated April 8, 2004, detailing the implementation of certain provisions of the National Archives Law.
Pursuant to Decree No. 13/2008/NĐ-CP dated February 4, 2008, on the organization of specialized agencies under provincial People's Committees directly under the central government.
Pursuant to Decree No. 14/2008/NĐ-CP dated February 4, 2008, on the organization of specialized agencies under district, town, and city People's Committees directly under provinces.
To unify state management over record management and archival work, the Ministry of Home Affairs issues guidelines on the functions, tasks, powers, and organization of archives and records management organizations of ministries, ministerial-level agencies, government-affiliated agencies, and People's Committees at all levels as follows.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular stipulates the functions, tasks, powers, and organization of archives and records management organizations of ministries, ministerial-level agencies, government-affiliated agencies (hereinafter referred to collectively as "ministries"), and People's Committees at all levels.
Chapter II
ORGANIZATION OF RECORDS MANAGEMENT AT MINISTRIES, MINISTERIAL-LEVEL AGENCIES, AND GOVERNMENT-AFFILIATED AGENCIES
1. Inland waterway port inspection service is the agency implementing specialized state management functions in inland waterway transport at ports, inland waterway wharfs (hereinafter referred to as ports, wharfs), anchorage areas; on channels and routes when assigned by the Minister of Transport to ensure compliance with laws on inland waterway traffic order and safety and environmental protection.
Establish a Room within the Office of the Ministry, ministerial-level agency, or government-affiliated agency (collectively referred to as the Records Management Room) to assist the Director of the Office in advising the Minister, head of the ministerial-level agency, or head of the government-affiliated agency on managing records management and archival work within the agency and its subordinate units.
The functions, tasks, and powers of the records management organization of the Ministry of Defense and the Ministry of Public Security shall be implemented according to this Circular.
Article 3. Tasks and Limitations
1. Assist the Director of the Office of the Ministry in performing the following duties:
a) Drafting and submitting to the Ministry for promulgation regulations and rules on records management and archiving.
b) Directing and inspecting the implementation of national and ministry regulations and rules on records management and archiving.
c) Developing long-term and annual plans on records management and archiving, submitting them to the Ministry for approval, and organizing their implementation.
d) Researching and applying science and technology to records management and archiving work.
đ) Organizing training, capacity building, and guidance on records management and archiving for civil servants and employees of the Ministry.
e) Cooperating with the Ministry's Inspectorate to handle complaints, denunciations, and violations of laws related to records management and archiving.
g) Implementing reporting and statistics on records management and archiving.
h) Conducting mid-term and final reviews on records management and archiving.
i) Implementing commendation and reward activities related to records management and archiving.
2. Assist the Director of the Office of the Ministry in performing the duties of the records management office:
a) Receiving and registering incoming documents.
b) Submitting and transferring incoming documents to relevant units and individuals.
c) Monitoring, urging, and inspecting the handling of incoming documents.
d) Receiving draft documents for review, approval, and issuance by authorized persons.
đ) Checking the format, presentation, and technical aspects of documents; recording issue numbers and dates; making copies; affixing the agency seal and urgency or confidentiality stamps (if applicable).
e) Registering, processing issuance, distribution, and monitoring the distribution of outgoing documents.
g) Arranging, preserving, and facilitating access and use of retained copies.
h) Managing registers and databases for document registration and management; processing introduction letters and travel permits for civil servants and employees.
i) Safeguarding and using the agency's seals and other types of seals assigned.
3. Assist the Director of the Office of the Ministry in performing the duties of the archival office:
a) Guiding civil servants and employees in the agency to establish files and prepare materials for submission to the archival office.
b) Collecting files and materials due for submission to the archival office.
c) Classifying, arranging, determining value, compiling statistics, and organizing files and materials.
d) Protecting and safely preserving files and materials.
đ) Facilitating access and use of archival files and materials.
e) Selecting files and materials for submission to historical archives and processing the destruction of expired materials.
g) Providing certain public services related to records management and archiving.
Article 4. Establishment
1. The Records Management Room consists of a Head, Deputy Heads, and a number of civil servants and employees. The Head and Deputy Heads are appointed by the Minister, head of the ministerial-level agency, or head of the government-affiliated agency upon recommendation by the Director of the Office of the Ministry.
2. The staffing of the Records Management Room is determined by the Minister, head of the ministerial-level agency, or head of the government-affiliated agency within the total administrative and operational staff of the Office of the Ministry, ministerial-level agency, or government-affiliated agency to ensure the completion of the tasks specified in Article 3 of this Circular.
3. Civil servants and employees of the Records Management Room must meet the professional standards of the records management and archiving civil servant and employee ranks as prescribed by law.
Article 5. At General Departments, Bureaus (and equivalent organizations); state-owned enterprises; and centrally-administered state economic organizations, rooms, groups, or personnel should be established to manage records and archives based on the volume of such work.
The specific tasks of the records management and archival organizations in the aforementioned agencies and organizations are carried out according to Clause 2 and Clause 3 of Article 3 of this Circular.
Chapter III
ORGANIZATION OF RECORDS MANAGEMENT AT PEOPLE'S COMMITTEES AT ALL LEVELS
Article 6. Provincial Archival and Records Organization
Establish the Provincial Archives and Records Office under the Department of Home Affairs based on the merger of the Records Management Office and the Provincial Archive Center.
1. Position and Functions
The Provincial Archives and Records Office is an organization under the Department of Home Affairs with the function of assisting the Director of the Department of Home Affairs in advising the People's Committee of the province, centrally governed city (hereinafter referred to collectively as the province) on state management of records and archives of the province, and directly managing historical archival materials according to the provisions of the law.
The Provincial Archives and Records Office is subject to the direction and management of organizational structure, staffing, and activities by the Department of Home Affairs, while also being guided professionally by the National Archives and Records Administration under the Ministry of Home Affairs.
The Provincial Archives and Records Office is an entity with legal personality, seal, separate account, office premises, and operational funds provided from the state budget according to the law.
2. Assist the Director of the Department of Home Affairs in performing the following tasks:
a) Presenting to competent authorities for issuance of planning schemes, long-term plans, annual plans, programs, projects, and organizing the implementation of regulations and systems on records and archives;
b) Guiding and inspecting the implementation of regulations and systems on records and archives;
c) Reviewing and presenting to competent authorities for approval of the "List of Sources and Components of Materials to be Submitted to Historical Archives of the Province";
d) Reviewing and presenting to competent authorities for approval of the "List of Expired Materials" in the Historical Archives of the Province;
đ) Reviewing and presenting to competent authorities for approval of the "List of Expired Materials" stored at agencies and organizations that submit to the Historical Archives of the Province;
e) Studying and applying science and technology to record and archive work;
g) Organizing training and professional development in record and archive work;
h) Cooperating with the Inspectorate of the Department of Home Affairs to handle complaints, denunciations, and violations of laws on records and archives;
i) Implementing reports and statistics on records and archives;
k) Summarizing and concluding record and archive work;
l) Implementing commendation and reward work on records and archives.
3. Assist the Director of the Department of Home Affairs in performing the tasks of the Historical Archives of the Province:
a) Guiding agencies and organizations that submit archives to prepare files and materials due for submission;
b) Collecting files and materials due for submission to the Historical Archives of the Province;
c) Classifying, arranging, determining value, compiling statistics, and organizing files and materials.
d) Protecting, preserving, and statistically recording archival materials;
đ) Repairing, restoring, and insuring archival materials;
e) Building search tools and organizing the exploitation and utilization of archival materials;
g) Implementing certain public services related to archives;
h) Managing finances, assets, and other tasks assigned by the Director of the Department of Home Affairs.
4. Organization and Staffing
a) Leadership of the Office
The Provincial Archives and Records Office has an Office Director and not more than two Deputy Directors.
The Director of the Provincial Archives and Records Office is responsible before the Director of the Department of Home Affairs and the law for all activities of the Office. Deputy Directors are responsible before the Director and the law for the areas of work they are assigned.
The appointment, dismissal, and removal of the Office Director and Deputy Directors shall be carried out according to the provisions of the law and the delegation of the People's Committee of the province.
b) Organizational Structure
The Provincial Archives and Records Office has specialized and professional departments to manage and implement assigned tasks.
Based on the volume of work, nature, and characteristics of record and archive work in the locality, the Director of the Department of Home Affairs shall present to the Chairman of the provincial People's Committee for specific decisions regarding the number and names of specialized departments of the Office in the following fields: Record and Archive Management, Collection and Arrangement, Utilization of Archival Materials, Specialized Storage, and Administrative and General Work.
c) Staffing
The staffing of the Provincial Archives and Records Office is decided by the People's Committee of the province within the total administrative and public service staffing of the Department of Home Affairs.
4. Civil Servants and Employees of the Provincial Archives and Records Office must meet the professional standards of the civil servant and employee positions in records and archives as prescribed by law.
Article 7. Archival and Records Management at the District Level
1. Functions and Tasks
The Civil Service Department arranges specialized civil servants to assist the Director of the Civil Service Department in performing advisory functions for the People's Committee at the district level to manage state affairs related to archival and records management with the following tasks:
a) Guide and inspect the implementation of state regulations and provincial regulations on archival and records management for agencies and organizations at the district and commune levels;
b) Implement reporting and statistics on archival and records management as prescribed by law;
c) Organize mid-term and final reviews, and implement commendation activities in archival and records management operations;
d) Manage archival materials at the district level according to the guidance of the Provincial Civil Service Department;
đ) Provide certain public services related to archival and records management;
2. Staffing: Specialized civil servants assigned to handle archival and records management within the staffing quota allocated by the Civil Service Department.
3. Specialized civil servants handling archival and records management at the Civil Service Department must meet the professional standards for archival and records management positions as stipulated by law.
Article 8. Professional departments under the People's Committees at the provincial and district levels, state-owned enterprises, and state economic organizations directly under the provincial and district levels shall establish offices, units, or arrange personnel for archival and records management based on the workload related to archival and records management.
Specific tasks of archival and records management organizations in the aforementioned agencies and organizations shall be carried out according to the authority specified in Clause 2, Article 6 (for the provincial level) and Clause 1, Article 7 (for the district level) of this Circular.
Article 9. Archival and Records Management at the Commune Level
1. At the People's Committee of communes, wards, and towns, part-time civil servants shall be arranged to handle archival and records management.
2. Personnel handling archival and records management must meet the professional standards prescribed by law and perform tasks according to the professional guidance of the Provincial Civil Service Department.
Chapter IV
IMPLEMENTATION
Article 10. Effective Date
This Circular takes effect 45 days from the date of issuance.
Abolish previous provisions that conflict with this Circular and abolish: Clause 11, Section II, Points c and e (regarding the Provincial Archive Center), Clause 2, Section III, Part I and Clause 11, Section II, Part II of Circular No. 04/2008/TT-BNV dated June 4, 2008 of the Ministry of Civil Affairs guiding the functions, tasks, authorities, and organizational structure of the Provincial Civil Service Department and the Civil Service Departments under the People's Committees at the provincial and district levels; Point d, 2.1 and 2.2 (regarding the Provincial Archive Center) Clause 2, Section I of Circular No. 06/2008/TT-BNV dated August 21, 2008 of the Ministry of Civil Affairs guiding amendments and supplements to Clause 2, Section III, Part I of Circular No. 04/2008/TT-BNV dated June 4, 2008 of the Ministry of Civil Affairs guiding the functions, tasks, authorities, and organizational structure of the Provincial Civil Service Department and the Civil Service Departments under the People's Committees at the provincial and district levels.
Article 11. Implementation Organization
Ministries, ministerial-level agencies, agencies under the Government, and People's Committees of provinces and centrally-administered cities are responsible for organizing and implementing this Circular.
Political-Social Organizations, Social-Professional Organizations, and other legal entities shall apply this Circular appropriately.
During the implementation process, if there are emerging issues or difficulties, it is requested that ministries, ministerial-level agencies, agencies under the Government, and People's Committees of provinces and centrally-administered cities report to the Ministry of Civil Affairs for consideration and resolution within their authority./.