Circular No. 05/2015/TT-BNV on the list of restricted documents for use at historical archives

CIRCULAR

Regulations on the List of Restricted Documents for Use at Historical Archives

Pursuant to the Law on Archives No. 01/2011/QH13 dated November 11, 2011;

Pursuant to Decree No. 58/2014/NĐ-CP dated June 16, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to the proposal of the Director of the State Archives and Records Administration,

The Minister of Home Affairs issues this Circular to regulate the List of Restricted Documents for Use at Historical Archives.

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the List of Restricted Documents currently preserved at Historical Archives.

2. This Circular applies to National Archive Centers under the State Records and Archives Administration and Historical Archives Centers under Provincial and Central City Archives Management Agencies (hereinafter referred to collectively as Historical Archives).

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. Restricted documents are documents not included in the List of Classified Documents but containing information that, if widely disseminated, may seriously affect the interests of the State, the rights and legitimate interests of agencies, organizations, and individuals; or cause impact on the physical condition of archival documents and the processing procedures for archival documents.

2. Restriction on the use of documents refers to the act of authorized persons allowing or not allowing agencies, organizations, and individuals to use archival documents within their management scope based on the content of the documents, the physical condition of the documents, and the requirements for archival document processing procedures.

Article 3. List of Restricted Documents

1. Documents concerning borders and national territorial sovereignty

a) Documents regarding the political security situation in border areas;

b) Documents related to negotiations with countries about national borders;

c) Land registry and administrative boundary documents of administrative units with national borders;

d) Documents concerning the establishment and enforcement of national territorial sovereignty;

đ) Documents related to projects, programs, plans, and scientific research topics concerning national territorial sovereignty issues;

e) Documents provided by foreign individuals and organizations related to national territorial sovereignty.

2. Documents concerning ethnic and religious issues

a) Documents containing information inciting division among ethnic and religious groups;

b) Documents related to illegal religious activities;

c) Documents related to religious activities of organizations and individuals affecting national security;

d) Documents concerning assets managed and used by religious organizations;

đ) Documents related to projects, programs, plans, and scientific research topics concerning ethnic and religious issues.

3. Documents concerning economic and scientific-technical matters

a) Documents concerning agreements and treaties between Vietnam and other countries and international organizations;

b) Comprehensive documents on natural resource surveys, geology, minerals, and the environment;

c) Design documents for key national economic, security, defense, cultural, and social construction projects;

d) Construction files for state agency headquarters, political organizations, political-social organizations, and occupational-political-social organizations;

đ) Documents related to business secrets;

e) Documents concerning loans and aid from Vietnam to other countries and loans and aid from other countries to Vietnam;

g) Documents related to national reserves (foreign currency, gold, silver, precious stones, rare metals, foodstuffs);

h) Documents concerning the export and import of equipment, facilities, and technology serving security and defense.

4. Documents concerning land reform

a) Documents related to the issue of accusations in land reform;

b) Documents related to rectification in land reform.

5. Other documents concerning political, cultural, social, security, defense, and diplomatic issues

a) Documents containing false historical information; denying revolutionary achievements; insulting national heroes and martyrs; slandering and defaming the reputation of agencies and organizations or the dignity and personal integrity of individuals;

b) Documents containing information related to national defense and security;

c) Personal documents or documents collected by individuals that affect the interests of the nation and the people;

d) Documents concerning high-level foreign delegations' meetings and negotiation reports on diplomatic work;

đ) Documents concerning evacuation and overseas Vietnamese;

e) Complaint and accusation resolution files;

g) Inspection files of cases handled by agencies and organizations;

h) Files of criminal cases formed after the August Revolution in 1945;

i) Documents related to the political history of individuals.

6. Documents concerning the private lives of individuals

a) Documents concerning marriage and extramarital affairs;

b) Personal correspondence;

c) Original personnel files of officials, civil servants, and employees;

d) Other documents containing personal information protected by law.

7. Damaged archival documents or those at risk of damage that have not yet been restored or repaired.

8. Archival documents currently undergoing processing procedures.

Article 4. Effective date

This Circular takes effect from February 1, 2016.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. The Ministry of Home Affairs shall amend and supplement the List of Restricted Documents for Use at Historical Archives to be appropriate to the socio-economic conditions of each period.

2. During the implementation of this Circular, if there are difficulties, agencies and organizations are requested to promptly report them to the Ministry of Home Affairs for study and amendment./.