Circular No. 07/2019/TT-BNV on the regulations regarding statistical reporting systems and management of civil servant files

CIRCULAR

Regulations on the reporting system and management of civil servant files

 Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to Decree No. 29/2012/NĐ-CP dated April 12, 2012 of the Government on recruitment, employment, and management of civil servants;

Pursuant to Decree No. 34/2017/NĐ-CP dated April 3, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

At the proposal of the Director of the Civil Servant and Civil Servant Department;

The Minister of Home Affairs issues this Circular on the reporting system and management of civil servant files.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the reporting system for civil servants; forms for statistical reports on civil servants; components of civil servant files; the management system for civil servant files and the responsibilities of agencies, organizations, units, and individuals in implementing the reporting system and management of civil servant files.

Article 2. Applicability

This Circular applies to public service organizations as specified in Clause 2, Article 9 of the Civil Servants Law.

Article 3. Management agency of civil servant files

1. For public service organizations granted autonomy, they shall be the management agency of civil servant files.

2. For public service organizations not granted autonomy, the competent authority managing such organizations shall be the management agency of civil servant files.

3. For public service organizations not granted autonomy but delegated by the competent authority managing such organizations to manage civil servant files within the scope of delegation, they shall be the management agency of civil servant files within that scope.

Article 4. Definitions

Point 1. The civil servant reporting system involves the compilation and statistics of the quantity and quality of the civil servant workforce reported periodically or ad hoc as required by the competent authority.

Point 2. A civil servant file consists of legal documents about the civil servant from the date of recruitment, reflecting basic information such as the civil servant's curriculum vitae, diplomas, certificates, related documents, and additional documents during their tenure.

Point 3. The original civil servant file is the file established and confirmed initially by the competent agency, organization, or unit when the civil servant is recruited into a state agency, organization, or unit in accordance with the law.

Point 4. Civil servant file management includes activities related to establishing, supplementing, organizing, preserving, using, and archiving civil servant files to serve the utilization and management of civil servants in state agencies, organizations, and units in accordance with the law.

Point 5. The original birth certificate is the first birth certificate issued by the competent state authority when the civil servant is born.

Article 5. Provisions on submission of reports

1. Public service organizations as specified in Clause 1, Article 3 of this Circular shall submit reports as follows:

a) For public service organizations established by central agencies: Submit reports to the Personnel Department (or Bureau).

b) For public service organizations established by provincial or centrally-administered city authorities: Submit reports to the Provincial Department of Home Affairs.

2. Public service organizations as specified in Clauses 2 and 3, Article 3 of this Circular shall submit reports to the competent authority managing such organizations. The competent authority managing such organizations shall compile the reports and submit them as follows:

a) For agencies and units under and directly subordinate to central agencies: Submit to the Personnel Department (or Bureau).

b) For agencies and units under and directly subordinate to provincial or centrally-administered city authorities: Submit to the Provincial Department of Home Affairs.

Chapter II
REGULATIONS ON THE REPORTING SYSTEM FOR CIVIL SERVANTS

Article 6. General Provisions on the Reporting System for Civil Servants' Statistics

Annually before June 30 or upon urgent request from the Ministry of Home Affairs, central agencies, provinces, and centrally governed cities under their jurisdiction shall instruct public service units under their management to prepare statistical reports on the quantity and quality of civil servants, lists, and salaries of civil servants according to the unified form issued by the Ministry of Home Affairs accompanying this Circular.

1. Types of Reports:

a) Statistical report on the quantity and quality of civil servants.

b) Report on the list and salary of civil servants.

2. Time of Report Preparation:

a) For annual regular reports, the reporting period ends on December 31 of the previous year.

b) For urgent reports, they shall be carried out according to the guidance of the Ministry of Home Affairs and competent authorities.

3. Form and Storage of Statistical Reports:

a) The statistical report on the quantity and quality of civil servants shall be sent to the Ministry of Home Affairs in two forms: a signed and stamped paper version by the head of the central agency, province, or centrally governed city, and an electronic file at the address [email protected];

b) The report on the list and salary of civil servants shall only be sent to the Ministry of Home Affairs via an electronic file at the address [email protected]. The signed and stamped paper version of the report on the list and salary of civil servants by the head of the central agency, province, or centrally governed city shall be stored at the central agency, province, or centrally governed city.

4. Public service units have the responsibility to submit reports as stipulated in Article 5 of this Circular.

5. Format of Statistical Report Preparation:

a) Ensure that information columns in the attached form are filled in accordance with the correct order. If there is no information in a column, it should remain blank.

b) The statistical report form for the quantity and quality of civil servants, list, and salary of civil servants is built uniformly using the "Microsoft Excel" software application and "Times New Roman" font style.

6. Forms for Annual Regular Reports:

a) The statistical report on the quantity and quality of civil servants shall be prepared according to Form No. 01 (abbreviated as BM01-VC/BNV) issued along with this Circular.

b) The report on the list and salary of civil servants shall be prepared according to Form No. 02 (abbreviated as BM02-VC/BNV) issued along with this Circular.

Article 7. Statistical Report on Quantity and Quality of Civil Servants

1. Annually before June 30, central agencies, provinces, and centrally governed cities shall direct subordinate agencies, organizations, and units under their jurisdiction to prepare reports as stipulated in Point a Clause 6 Article 6, with the reporting period as specified in Point a Clause 2 Article 6 of this Circular, to be compiled and submitted to the Ministry of Home Affairs for reporting to the Government and the Prime Minister.

2. In case of urgent reports based on requests from the Ministry of Home Affairs and competent authorities, they shall be carried out according to specific guidance and requirements of the Ministry of Home Affairs and competent authorities regarding the time and scope of statistical report preparation.

Article 8. Statistical Report on List and Salary of Civil Servants

1. Annually before June 30, central agencies, provinces, and centrally governed cities shall direct subordinate agencies, organizations, and units under their jurisdiction to prepare reports as stipulated in Point b Clause 6 Article 6, with the reporting period as specified in Point a Clause 2 Article 6 of this Circular, to be compiled and submitted to the Ministry of Home Affairs for reporting to the Government and the Prime Minister.

2. In case of urgent reports, they shall be carried out according to the provisions of Clause 2 Article 7 of this Circular.

Chapter III
MANAGEMENT OF CIVIL SERVANT FILES

Article 9. Principles for Managing and Using Personnel Files

1. The construction and management of personnel files shall be carried out uniformly, scientifically, reflecting fully and accurately the information of each individual from the time of recruitment until they no longer work at public service units.

2. Personnel files shall be constructed, managed, used, and preserved according to confidential document regulations; only those individuals who have been approved in writing by the authority managing the personnel files may study, use, and exploit the personnel files. Strictly prohibit the dissemination of information contained in personnel files.

3. Civil servants are responsible for declaring fully, clearly, and accurately the information in their personnel files and bear responsibility for the truthfulness of such information. Information declared by civil servants must be confirmed, stamped, and included in the personnel file management by the personnel file management authority.

Article 10. Construction of Personnel Files and Components of Personnel Files

1. For newly recruited civil servants

Within thirty days from the date of the recruitment decision, the unit using the civil servant has the responsibility to guide the civil servant to declare, check, verify the information declared by themselves, compare with the recruitment file and the Criminal Record Form issued by the competent authority. The head of the unit using the civil servant confirms, stamps, and submits to the personnel file management authority for inclusion in the management file. This file is the original file of the civil servant.

The original file includes the following components:

a) The "Civil Servant Profile" according to model HS01-VC/BNV promulgated together with this Circular. The "Civil Servant Profile" reflects comprehensively about the individual, family, and social relationships of the civil servant. The "Civil Servant Profile" is self-declared by the civil servant and verified and confirmed by the unit using the civil servant.

b) The "Summary Civil Servant Profile" according to model HS02-VC/BNV promulgated together with this Circular. The Summary Profile is an important document reflecting briefly the information about the individual, family, and social relationships of the civil servant. The Summary Profile is self-declared by the civil servant or recorded by the responsible person from the "Civil Servant Profile" stipulated in Point a Clause 1 of this Article and other supplementary documents of the civil servant. The Summary Profile of the civil servant is checked, verified, and confirmed by the unit using the civil servant.

c) A certified copy of the birth certificate issued by the competent authority in accordance with the law.

d) The Criminal Record Form issued by the competent authority.

đ) A health certificate issued by a medical facility at the district level or higher that remains valid according to the provisions of the law.

e) Certified copies of various documents related to the educational qualifications and training of the civil servant, such as grade sheets, diplomas, certificates on professional education, political theory, foreign languages, computer skills, vocational training issued by the competent authority. In cases where educational diplomas and certificates are issued by overseas educational institutions outside Vietnam, they must be recognized by the competent organization or unit of the Ministry of Education and Training.

g) Certified copies of decisions on recruitment or selection, acceptance of civil servants issued by the competent authority in accordance with the law.

If there are signs of errors or mistakes in the original file of the civil servant, the public service unit shall handle it within its authority or report to the competent authority managing the public service unit to handle it according to the law.

2. For currently employed civil servants

In addition to the original file specified in Clause 1 of this Article, other components of the personnel file of currently employed civil servants include:

a) The "Supplementary Civil Servant Profile" according to model HS03-VC/BNV promulgated together with this Circular. The "Supplementary Civil Servant Profile" is a document declared annually or upon request by the personnel file management authority. The "Supplementary Civil Servant Profile" must be checked, verified, and confirmed by the unit using the civil servant.

b) Copies of decisions regarding transfer, appointment, detail assignment, reassignment, promotion, salary increase, commendation, and disciplinary action of the civil servant.

c) Annual self-assessment and evaluation forms of the civil servant confirmed by the unit using the civil servant; annual assessment and classification forms of the civil servant by the competent authority managing the civil servant (annually, at the end of the term, during elections or appointments, commendations, disciplinary actions, or after work periods, academic reviews).

d) Declarations of assets and supplementary declarations of assets for civil servants required to declare assets under the law.

đ) Applications and letters accompanied by verification documents, minutes, conclusions of the competent authority regarding issues related to the civil servant and their family reflected in the applications and letters. Anonymous applications and letters or those not reviewed and concluded by the competent authority shall not be kept in the file.

e) Other relevant documents directly related to the work process and social relations of the civil servant.

g) Civil servants appointed to leadership positions must supplement all relevant documents related to their appointment to their personnel file.

3. Within thirty days from the date the civil servant receives a retirement decision, termination of employment contract, or death, the management of the personnel file shall be carried out according to the provisions of Clause 3 of Article 13 of this Circular.

4. The original file of the civil servant belongs to historical archival materials and shall be permanently preserved.

5. In cases where the original file is missing or incomplete, the construction and completion of the original file shall be carried out as follows:

a) Within thirty days from the discovery of missing components in the civil servant's original file or the absence of the original file, the unit using the civil servant has the responsibility to require the civil servant to complete and supplement the original file components according to the provisions of Clause 2 of Article 12 of this Circular.

b) In cases where it is impossible to complete and supplement all components of the original file, the original birth certificate shall be used to complete other file components or create a new personnel file according to the provisions of Clause 1 of this Article.

Article 11. Forms for managing civil servant files

The forms serving the management of civil servant files issued together with this Circular include:

1. Civil servant curriculum vitae booklet consisting of 6 pages, marked: Form HS01-VC/BNV.

2. Civil servant brief curriculum vitae consisting of 4 pages, marked: Form HS02-VC/BNV.

3. Supplementary form for civil servant curriculum vitae consisting of 2 pages, marked: Form HS03-VC/BNV.

4. Handover form for civil servant files consisting of 1 page, marked: Form HS04-VC/BNV.

5. Transfer form for civil servant files consisting of 1 page, marked: Form HS05-VC/BNV.

6. Research form for civil servant files consisting of 1 page, marked: Form HS06-VC/BNV.

7. Monitoring form for utilization and exploitation of civil servant files consisting of 1 page, marked: Form HS07-VC/BNV.

8. Register book for files, handover book for files, and monitoring book for exploitation and utilization of civil servant files.

a) Civil servant file registration book consisting of 1 cover page and internal pages, marked: Form HS08a-VC/BNV;

b) Handover book for civil servant files consisting of 1 cover page and internal pages, marked: Form HS08b-VC/BNV;

c) Monitoring book for exploitation and utilization of civil servant files consisting of 1 cover page and internal pages, marked: Form HS08c-VC/BNV.

9. File envelope and various types of file covers

a) Civil servant file envelope made from moisture-resistant paper material, with high durability, size (250 x 340 mm), thickness ranging from 10mm to 30mm. Marked: Form HS09a-VC/BNV;

b) Cover for listing components of documents in the file used to list the components of documents in the civil servant file consisting of 1 cover page and at least 2 index pages to fully list all components of documents in the file made from white duplex paper size A3 (297 x 420 mm) folded in half; the component list page in the file is made from white paper size A4 (210 x 297 mm). Marked: Form HS09b-VC/BNV;

c) Cover for resolutions and decisions on personnel (such as appointment decisions, promotion of occupational rank, transfer, etc.) consisting of 1 page made from white duplex paper size A3 (297 x 420 mm) folded in half. Marked: Form HS09c-VC/BNV;

d) Cover for comments, evaluations, letters, and other verification documents consisting of 1 page made from white duplex paper size A3 (297 x 420 mm) folded in half. Marked: Form HS09d-VC/BNV.

10. "Cover page" defined from Clause 1 to Clause 8 of this Article is made from high-quality paper, size A4 (210 x 297mm); "page" defined from Clause 1 to Clause 8 of this Article is made from white paper size A4 (210 x 297mm).

Article 12. System for supplementing and correcting data in civil servant files

1. System for supplementing civil servant files

Annually before December 31 or upon request of the state agency managing civil servant files, the entity using civil servants shall guide civil servants to declare and supplement information generated during the year related to themselves, family relations, and society according to the "Supplementary form for civil servant curriculum vitae." Civil servants must submit copies of certificates and diplomas obtained during the year (if any) along with the "Supplementary form for civil servant curriculum vitae."

In cases where the information declared by the civil servant is incomplete, inaccurate, or fraudulent, the declarant shall be responsible under the law.

2. In case of establishing new civil servant files when existing files are damaged or lost, the following procedures shall be implemented:

a) Within 30 days from the date of determining that the civil servant's file is damaged or lost, the agency managing civil servant files shall notify the entity using civil servants to guide the civil servant to declare and complete the file as stipulated in Clause 1 and Clause 2 of Article 10 of this Circular;

b) After the civil servant has declared and completed the file, the entity using civil servants shall be responsible for checking the information in the file components. If the information in the file components is consistent, the head of the entity using civil servants shall confirm and bear responsibility for the information in the civil servant's file and report to the agency managing civil servant files for review and decision.

c) In cases where the information in the file components is inconsistent after the civil servant has declared and completed the file, the entity using civil servants shall issue a decision to conduct verification and investigation, then report the results of the verification and investigation to the agency managing civil servant files for a unified decision on the file information in writing. The verification and investigation shall be conducted as follows:

Content of verification and investigation: direct verification and investigation of actual file components at competent authorities issuing the files, household registration papers (original files), party member history files (original files) including: if the information in the civil servant file components does not match the household registration papers, the Verification and Investigation Team shall request the entity using civil servants to send a letter to the judicial authority at provincial level or higher to verify and investigate and request the judicial authority to provide a written notification of the verification and investigation results regarding the legal value of the household registration papers to the entity using civil servants; if the information in the civil servant file components does not match the party member history files, the Verification and Investigation Team shall request the authority managing party member files to verify and investigate and inform the results to the entity using civil servants. In cases where certificates and diplomas are issued by foreign educational institutions outside Vietnam, the Verification and Investigation Team shall report to the entity using civil servants to send a letter to the authority, organization, or unit with jurisdiction over certificates and diplomas of the Ministry of Education and Training to verify and investigate.

The verification and investigation period starts from the date the Verification and Investigation Decision of the entity using civil servants becomes effective. The verification and investigation period ends within 90 days from the start of the verification and investigation; in cases of force majeure, the entity using civil servants may extend the period in writing; the extension period shall not exceed 30 working days from the date the extension document becomes effective. If the verification and investigation cannot conclude within the specified time, the entity using civil servants shall report to the head of the agency managing civil servant files for review and decision.

The inspection and verification team consists of the Head and members appointed by the head of the entity employing civil servants; the Head of the inspection and verification team is responsible for assigning specific tasks to the members of the team; each member of the inspection and verification team is individually responsible for their own inspection and verification opinions. The activities of the inspection and verification team must ensure objectivity, transparency, and honesty; the minutes of the inspection and verification conclusions must be reported by the Head of the inspection and verification team to the entity employing civil servants within five working days from the end of the inspection and verification (by the minutes of the inspection and verification conclusions) and bear responsibility for their own inspection and verification conclusions.

Responsibility for inspection and verification: organizations, units, individuals related to the content of inspection and verification have the responsibility to provide complete information according to the requirements of the inspection and verification team; in cases where organizations, units, individuals related to the content of inspection and verification distort records, forge records, or issue certificates, documents for persons who do not meet the conditions, they will be disciplined according to the provisions of the Civil Servant Law and current laws.

d) There is no need to verify records that are damaged or lost due to objective reasons in the following cases:

Damaged or lost record components are not original record components as stipulated in Clause 1 Article 10 of this Circular. In such cases, the civil servant shall implement the supplementary record system according to the provisions of Clause 1 of this Article;

Lost record components that are found again and match the information with other original record components or have been confirmed by judicial authorities at provincial level or above, or by competent authorities as legitimate.

3. In cases where the entity employing civil servants corrects information in the civil servant's record, it must then report to the head of the record management authority for review and decision. The entity employing civil servants must conduct inspection and verification on the corrected information in the civil servant's record as prescribed in Point c Clause 2 of this Article. The correction of information in the civil servant's record shall be carried out as follows:

a) In cases where the record components (the Civil Servant File, birth certificate, social insurance book, diplomas, certificates) are inconsistent, the original birth certificate shall be used as the basis to complete, supplement, and unify other record components according to this birth certificate; in cases where there is no birth certificate in the civil servant's record, the Civil Servant File established when the civil servant was first recruited into a state agency, organization, or unit shall be used as the basis for unification.

b) The correction of information in the civil servant's record must be decided in writing by the head of the record management authority after the minutes of the inspection and verification conclusions of the entity employing civil servants have been completed.

c) No adjustment or modification of the date of birth in the record for civil servants who are members of the Communist Party of Vietnam, whose date of birth (age) is uniformly determined based on the age declared in the original Party Member File when admitted to the Party.

4. In cases where a new civil servant file needs to be established due to damage or loss of original record components or when requesting corrections to information in the original record components of civil servants according to the分级管理权限，档案主管部门负责人有责任按照本条第7款的规定报告。

5. If the original documents and papers that were lost are recovered, continue to use the original documents and papers; newly established files and papers serve as reference materials. If there are discrepancies between the components in the original file and the newly established file, use the components in the original file.

6. For civil servants who have less than twelve months of service until retirement, there is no need to correct information in the original record components.

7. Annually before June 30 or upon request by the state administrative body responsible for civil servants, the record management authority has the responsibility to compile and report on the establishment of new civil servant files for the previous year.

Article 13. Transfer and receipt of civil servant files

1. Methods for receiving civil servant files

When a civil servant changes to a new agency, organization, unit, or is considered for transfer to become a public official, the competent authority managing the files of civil servants and public officials must request the previous file management agency to hand over the complete files of that civil servant upon receipt.

2. The time limit for receiving files is thirty days from the date the civil servant receives the decision on acceptance from the new agency, organization, or unit or the decision on consideration for transfer to become a public official. Upon receipt, the files must meet the following requirements:

a) Fill out the file transfer form according to the HS04-VC/BNV and HS05-VC/BNV models issued together with this Circular;

b) Check the sealing, postal stamp (if sent via post), and confirm the condition of the received documents on the file transfer form and send back this form to the sending party or provide a written response confirming the sealing condition;

c) Record the file handover and receipt log according to the HS08b-VC/BNV model issued together with this Circular;

d) Number the files, list the documents, control the files, record the file registration log according to the HS08a-VC/BNV model issued together with this Circular, and prepare a handover and receipt report;

đ) The transfer of files shall be carried out by the agency managing the civil servant files.

3. In cases where a civil servant retires, terminates their employment contract, transfers to a new agency, organization, or unit, or passes away, the transfer and storage of files shall be handled as follows:

a) In cases where a civil servant retires or terminates their employment contract, they will receive one copy of the "Civil Servant Resume." The original file will still be kept and preserved by the agency managing the civil servant's files and placed in the group of retired civil servants. The agency managing the civil servant's files can only confirm and issue copies of the "Civil Servant Resume" upon written request from the competent authority managing the civil servant based on the stored original file;

b) In cases where a civil servant transfers to a new agency, organization, or unit, they will receive one copy of the "Civil Servant Resume." The original file will still be kept and preserved by the previous file management agency and only transferred to other agencies, organizations, or units with management authority as prescribed by law when such entities make a written request;

c) For deceased civil servants, the family will receive one copy of the "Civil Servant Resume." The original file will still be kept and preserved by the agency managing the civil servant's files and placed in the group of retired civil servants.

Article 14. Researching, using, and exploiting civil servant files

1. Subjects entitled to research, use, and exploit civil servant files include:

a) Agencies managing civil servants, units employing civil servants, and agencies managing civil servant files may research, use, and exploit civil servant files to serve work requirements;

b) In cases where necessary and with the consent of the head of the agency managing the civil servant files, a civil servant may research all or part of their own file or request the agency managing the files to provide a copy of their "Civil Servant Resume."

2. When researching civil servant files, the following regulations must be followed:

a) A letter of introduction from the agency, organization, or unit issuing it to the person coming to research the civil servant's file, specifying the address, position, and the purpose of researching which file, about what issue. These requests must be clearly recorded in the "Civil Servant File Research Form" according to the HS06-VC/BNV model issued together with this Circular;

b) Research can only be conducted at the location where the civil servant's files are stored;

c) Only view those documents (or parts thereof) related to assigned tasks or work;

d) Do not alter the content or form of the civil servant's files, such as marking, erasing, correcting, adding, or removing existing documents in the file;

đ) If wishing to photocopy relevant documents within the civil servant's file, report and obtain approval from the head of the agency, organization, or unit managing the civil servant's files. Photocopying of documents shall be carried out by the direct manager of the civil servant's files and handed over.

3. Tasks of the person directly responsible for managing civil servant files:

a) Provide accurate and complete documents to the person researching or exploiting the civil servant's files according to the "Civil Servant File Research Form" approved by the head of the agency managing the civil servant's files;

b) Check the condition of the files when returning them to ensure they are the same as when borrowed and record them in the "Civil Servant File Usage and Exploitation Tracking Form" according to the HS07-VC/BNV model, and the "Civil Servant File Exploitation and Usage Tracking Log" according to the HS08c-VC/BNV model issued together with this Circular;

c) Make copies of the files for the person researching or exploiting the files according to the "Civil Servant File Research Form" approved by the head of the agency managing the civil servant's files.

Article 15. Retention and preservation of civil servant files

1. The retention and preservation of civil servant files must be carried out with the following steps:

a) Establish file registers;

b) Categorize documents;

c) Create document listing forms;

d) Create file control forms and enter them into the file registration book;

đ) Create file directories to facilitate search work.

2. Retention of civil servant files must meet the following requirements:

a) Arrange files in alphabetical order by name A, B, C or according to the direct affiliation to ensure easy access, visibility, and retrieval;

b) Documents within each civil servant file must be organized into separate groups and arranged chronologically for ease of search, accompanied by a document listing form, file control form, and placed in a file envelope;

c) Outside the file envelope, record information about the civil servant for search and retention purposes such as: full name; aliases; place of origin and file number (civil servant code if applicable). In addition, store and manage on a computer system;

d) Ensure easy preservation without damage, deterioration, or loss of files.

3. The process of retaining civil servant files shall be carried out with the following steps:

a) Check and handle to ensure that the documents stored in the file components are official, reliable, and have legal value;

b) Remove duplicate or excess documents; retain only one copy of each type of document; the removal must be agreed upon by the head of the agency, organization, or unit managing the civil servant files and must be recorded in a protocol, kept in the original file. Damaged documents must be restored or copied and retained along with the old version;

c) In cases where it is necessary to destroy documents in the civil servant file components, a Committee for Destroying Civil Servant File Documents must be established. The Committee for Destroying Civil Servant File Documents is decided by the head of the agency managing the civil servant files. When destroying civil servant file documents, a protocol must be created detailing the reasons for destruction, the agency managing the civil servant files permitting destruction, the list of destroyed documents, date and location of destruction. The destruction protocol must be kept in the civil servant file component.

4. The preservation regime for civil servant files follows the state's confidentiality regime and must ensure the following systems, material conditions, equipment, and regulations:

a) Equipment and means for preserving paper files include: cabinets, safes for storing secret, top-secret, and absolutely secret documents; filing racks; tables and chairs, air conditioners, dehumidifiers, vacuum cleaners, exhaust fans, fire alarm devices, fire extinguishers; anti-moisture, mold, insect, rodent, and adhesive substances... ensuring long-term storage of civil servant files;

b) Regularly check the status of files and related issues monthly, quarterly, or at random, clean and maintain equipment;

c) Conduct a comprehensive annual inspection, plan for spraying anti-insect and anti-mold chemicals, and reorganize files;

5. The head of the agency managing civil servant files is responsible for the preservation and management of civil servant files in accordance with the provisions of this Article.

Article 16. Procedures and formalities for reporting on the management of civil servant files

Annually before June 30, central agencies, provincial-level municipalities directly under the Central Government are responsible for compiling the situation of implementing the management of civil servant files of agencies, organizations, units under their jurisdiction, and submitting reports to the Ministry of Home Affairs for consolidation and reporting to the Government, Prime Minister. The content and procedures for reporting on the management of civil servant files are as follows:

1. Units entrusted with the authority to manage civil servant files must regularly annually or upon request of the civil servant management agency, be responsible for checking and evaluating the implementation of the management of civil servant files in accordance with this Circular;

2. Report on the current quantity and quality of civil servant files, evaluate the results of research, use, and exploitation of files to serve the management of the civil servant workforce of the agency, organization, or unit, including:

a) The number of new files established (new recruitment files, including new files established due to damage, loss, or correction of information in the file), files of civil servants appointed, transferred, detailed, changed occupational titles, and files of civil servants reviewed for transfer to civil service positions or change of job positions;

b) The number of civil servant files resolved for retirement, termination of contracts, or death;

c) The number of damaged, lost files and files requesting correction of information in the original file component.

3. Report on material conditions, equipment, and means serving the management of files, including:

a) Areas for preserving files, places for storing and keeping civil servant files;

b) Area for preserving and keeping civil servant files;

c) Equipment and means for preserving civil servant files;

4. Propose recommendations and solutions to improve the effectiveness of civil servant file management and the goal of modernizing civil servant file management.

Article 17. Professional training work for managing civil servant files

Central agencies, provincial-level agencies under the central government shall proactively organize training and professional development classes for civil servants and civil employees directly involved in managing civil servant files of agencies, organizations, and units under their administrative jurisdiction according to the training and professional development budget, content, and plans that have been established and approved annually.

Article 18. Modernization system in managing civil servant files

Central agencies, provincial-level agencies under the central government shall proactively implement modernization in managing civil servant files through the application of information technology for storing and utilizing civil servant files; minimizing direct contact with traditional paper files, maximizing the efficiency of utilizing civil servant files within the electronic file management system;

Article 19. Authority and responsibility of central agencies, provincial-level agencies under the central government, and civil servant file management agencies

1. Central agencies, provincial-level agencies under the central government shall carry out state management over the work of managing civil servant files, guide, inspect, and supervise the implementation of regulations on managing civil servant files stipulated in this Circular according to their administrative jurisdiction.

2. Issue rules on managing civil servant files and guide subordinate civil servant file management agencies under their administrative jurisdiction to uniformly implement and enforce these rules.

3. The head of central agencies, provincial-level agencies under the central government shall establish hierarchical management levels for civil servant files for agencies, organizations, and units under their administrative jurisdiction.

4. The head of central agencies, provincial-level agencies under the central government shall periodically or unexpectedly organize inspections on the implementation of regulations concerning the work of managing civil servant files for agencies, organizations, and units under their administrative jurisdiction as stipulated in this Circular.

5. The head of civil servant file management agencies shall consider and decide on the following matters:

a) Deciding to select individuals meeting the professional criteria to be assigned to specialized work on statistical reporting and managing civil servant files;

b) Organizing for civil servants to declare; requiring the using unit of civil servants to conduct verification and investigation of civil servant files or organizing verification and investigation of original civil servant files when new ones need to be created due to damage, loss, or correction of information in civil servant files;

c) Proposing competent authorities to examine, verify, and correct inconsistent information or documents in original civil servant files according to Article 12 of this Circular;

d) Notifying civil servants about the conclusions of verifications regarding inconsistent or inaccurate information declared by themselves in their files;

đ) Removing redundant, duplicate, or irrelevant documents from civil servant files;

e) Disciplining or proposing competent authorities to examine and discipline those involved in violations during the declaration, management, and preservation of civil servant files according to relevant laws.

Article 20. Rights and responsibilities of individuals directly engaged in managing civil servant files

1. Proactively propose plans and measures for managing, utilizing, and exploiting files, including electronic files of civil servants (if applicable).

2. Organize the timely and accurate supplementation of documents into civil servant files.

3. Organize the arrangement, preservation, and storage of files.

4. Provide quick and accurate data and materials.

5. Research and identify unclear or contradictory issues in civil servant files and emerging issues in file management, report to the head of the civil servant file management agency for consideration and resolution.

6. Urge and collect all components of documents in civil servant files under the administrative jurisdiction of their agency, organization, or unit.

7. Organize services for research, utilization, and exploitation of civil servant files according to Clause 3, Article 14 of this Circular.

8. Implement confidentiality principles for files, detect and recommend to competent authorities about emerging issues in civil servant file management to address them appropriately.

9. Continuously study and enhance professional knowledge and skills to serve civil servant file management.

10. When having innovative ideas or inventions that effectively improve professional work for civil servant file management and are confirmed by competent authorities, they will be rewarded according to legal provisions on commendation and rewards.

11. When civil servants violate regulations on managing civil servant files stipulated in this Circular and other related laws, they will be disciplined as follows:

a) For civil servants, depending on the severity of the violation, they will be considered and disciplined according to regulations on disciplining civil servants;

b) For civil employees, depending on the severity of the violation, they will be considered and disciplined according to regulations on disciplining civil employees.

Article 21. Responsibilities and rights of civil servants regarding personal files

1. Civil servants have the responsibility to declare fully, clearly, and truthfully, and to implement the declaration and supplementation of their own files according to the guidance of the employing unit or upon request of the personnel file management agency; they shall be held accountable under the law and before the personnel management agency and the employing unit for the information declared. In cases where the declared information is incomplete, inaccurate, or not truthful, disciplinary measures will be taken according to the regulations on disciplinary measures for civil servants and other relevant laws.

2. Civil servants have the right to study their own files at the personnel file management agency, except for the documents specified in Point d Clause 2 Article 10 of this Circular.

3. When civil servants proceed with procedures to adjust original files or propose adjustments and supplements to the information in their files, they must report to the head of the employing unit and the competent authority for examination and resolution in accordance with this Circular.

4. Civil servants have the responsibility to provide related documentation concerning themselves when there is a need, following the guidance or requests of the competent authorities.

Article 22. Responsibilities of the Ministry of Home Affairs

1. Implement state management of personnel file management uniformly throughout the country.

2. Inspect the implementation of the regulations on personnel file management stipulated in this Circular for personnel file management agencies under the jurisdiction of central agencies, provinces, and centrally governed cities.

Chapter IV
IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

This Circular takes effect from July 15, 2019.

Article 24. Responsibility for enforcement and organization of implementation

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities, heads of agencies and organizations established by the Government and Prime Minister, and related agencies, organizations, units, and individuals are responsible for implementing this Circular.

2. During the implementation process, if there are difficulties, central agencies, ministries, sectors, and localities are requested to reflect them to the Ministry of Home Affairs for consideration and resolution./.