Decree No. 09/2010/ND-CP Amending and supplementing some articles of Decree No. 110/2004/ND-CP dated April 8, 2004 of the Government on archival work

DECREE

Amending and supplementing some articles of Decree No. 110/2004/NĐ-CP

dated April 8, 2004 of the Government ON DOCUMENT MANAGEMENT WORK

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THE GOVERNMENT

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

Pursuant to the Law on Legislative Acts of 03 June 2008;

On the basis of the Law on Enacting Legal Documents of People's Councils and People's Committees dated December 3, 2004;

On the basis of the National Archives Ordinance 2001;

Considering the proposal of the Minister of Home Affairs,

DECREE:

Article 1. Amending and supplementing some articles of Decree No. 110/2004/NĐ-CP dated April 8, 2004 of the Government on archival work as follows:

1. Amend Clause 2 and Clause 3 of Article 2 as follows:

"2. "Original document" means a complete version regarding content and format issued by an agency or organization and bearing the direct signature of the authorized person;
3. "Official copy" means a complete version regarding content and format issued by an agency or organization."

2. Amend and supplement Clause 1 and Clause 2 of Article 4 as follows:

"1. Legal documents as prescribed by the Law on Enacting Legal Documents and detailed implementing regulations of this Law.
2. Administrative documents including resolutions (individual cases), decisions (individual cases), directives, regulations, provisions, announcements, notifications, guidelines, programs, plans, proposals, projects, reports, minutes, submissions, contracts, official letters, telegrams, memorandums, agreements, certificates, powers of attorney, invitations, introductions, leave slips, travel permits, receipt forms for files, dispatch forms, transfer forms, letters."

3. Amend and supplement Clause 1 of Article 5 as follows:

"1. Format of legal documents and administrative documents
a) The format of legal documents and administrative documents includes the following elements: - State emblem; - Name of the issuing agency or organization; - Document number; - Place name and date of issuance; - Type name and summary of content; - Content of the document; - Position, name, and signature of the authorized person; - Seal of the agency or organization;"

4. Amend Clause 1 of Article 6 as follows:

"1. The drafting of legal documents shall be carried out in accordance with the laws on enacting legal documents."

5. Amend and supplement Article 9 as follows:

"Article 9. Inspection of documents before signing and promulgation
1. The head of the unit or the main drafter of the document must inspect and bear responsibility for the content of the document before the head of the agency or organization and before the law.
2. The Director of the Office; the Head of the Administrative Department in agencies or organizations without an Office; the person assigned to assist the head of the agency or organization in managing archival work in other agencies or organizations must inspect and bear responsibility for the format, presentation technique, and promulgation procedures of the document before the head of the agency or organization and before the law."

6. Amend and supplement Clause 1 and Clause 3 of Article 10 as follows:

"1. In agencies or organizations operating under a chief executive system, the head of the agency or organization has the authority to sign all documents of the agency or organization. The head of the agency or organization may delegate to their deputy to sign (KT.) certain documents within their area of responsibility and some documents within the authority of the head. The deputy who signs in place bears responsibility before the head of the agency or organization and before the law."
"3. Delegated signing In special cases, the head of the agency or organization may delegate the head of a unit within the agency or organization to sign delegated (TUQ.) certain documents that they themselves must sign. The delegation of delegated signing must be stipulated in writing and limited to a specific period. The person delegated to sign may not further delegate signing to another person. Delegated signed documents follow the format and seal of the delegating agency or organization."

7. Amend and supplement Article 18 as follows:

"Article 18. Dispatch and correction of dispatched documents
3. Documents that have been dispatched but contain errors in content must be corrected or replaced by equivalent documents from the issuing agency or organization. Documents that have been dispatched but contain errors in format, presentation technique, or promulgation procedures must be corrected by administrative documents from the issuing agency or organization."

8. Amend Article 19 as follows:

"1. Each dispatched document must be kept in two copies: one original copy retained at the agency or organization's archives and one official copy retained in the file.
2. The original copy retained at the agency or organization's archives must be stamped and arranged in registration order."

Article 2. Effectiveness

1. This Decree takes effect from April 1, 2010.

2. Abolish the basis; Clause 2, Clause 3 of Article 2; Clause 1, Clause 2 of Article 4; Clause 1 of Article 5; Clause 1 of Article 6; Clause 1, Clause 2 of Article 9; Clause 1, Clause 3 of Article 10; Article 18; Clause 12 of Article 19; Article 34 of Decree No. 110/2004/NĐ-CP dated April 8, 2004 of the Government on archival work.

Article 3. Guidance on Implementation

1. The Minister of Home Affairs is responsible for guiding implementation and monitoring the enforcement of this Decree.

2. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees directly under the central government are responsible for enforcing this Decree./.