Circular No. 09/2014/TT-BNV guiding the management of Archiving Profession Certificates and archiving service activities

Guidelines on the management of Archiving Profession Certificate and archiving service activities

__________________

 

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

January 01of the Law on Archives dated January 3, 2013, No. 249/2013/NĐ-CP At the proposal of stipulating CV3: 16º56'21" N, 107º11'06" E; some Articles of the Law Lpriority archives;

On the basis of Government Decree No. December 16, the 2014 of At the proposal of stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Minister of Home Affairs issues this Circular guiding the management of the Archiving Profession Certificate and archiving service activitiesintention Archiving Profession Certificate and archiving service activitiespriority Article 7. Documents for registering storage service activities

Article 1. Scope of Regulation

forms

1. Management of the Archiving Profession Certificate includes: managing, issuing blank Archiving Profession Certificates; authority, content of examination and issuance of the Certificate of Qualification for Archiving Services; forms for administrative procedures to issue the Archiving Profession Certificate.

2. Management of archiving service activities includes: registration files for archiving service activities; issuance, reissuance, and revocation of the Certificate of Eligibility for Archiving Service Activities; responsibilities of state management agencies for archiving; responsibilities of organizations, individuals participating in archiving service activities and using archiving services; forms for administrative procedures to issue the Certificate of Eligibility for Archiving Service Activities.

Article 2. Applicability

Clause 1. The National Office for Archives under the Ministry of Home Affairs shall be responsible for printing, issuing, managing the quantity, and distributing blank Practice Certificates for Archiving.

The form of blank Practice Certificates for Archiving is presented on hard paper, size A4 (210 mm x 297 mm) (see

1. The National Archives and Records Administration under the Ministry of Home Affairs shall be responsible for printing, issuing, managing the quantity, and distributing blank Archiving Profession Certificates. The form of the blank Archiving Profession Certificate is presented on hard paper, size A4 (210 mm x 297 mm) (see Model 2, Appendix I).

2. In case the blank Archiving Profession Certificate is damaged or lost, the Department of Home Affairs of the provincial or centrally governed city (hereinafter referred to as the Department of Home Affairs) shall report (with the damaged blank Archiving Profession Certificate attached) and request the National Archives and Records Administration under the Ministry of Home Affairs to reissue it.

b) Having a Degree in a relevant major or a Training Certificate in accordance with the regulations stipulated in Clause 4, Article 20 of Decree No.

/2013/NĐ-CP dated January 3, 2013, of the Government detailing certain provisions of the Law on Archives.

c) Having directly worked in archiving or related fields for at least five years.

b) Having a Degree in a relevant major and a Training Certificate consistent with the field of practice as prescribed in Clause 4, Article 20 of Decree No. 01/2013/NĐ-CP dated January 3, 2013 of the Government detailing some provisions of the Law on Archives.

c) Two photographs measuring 2 x 3 cm (the period from the date of photographing to the date of registration must not exceed six months).

a) Certified copy of the graduation certificate in the relevant field and Training Certificate suitable to the field of practice (if any) or submit a certified copy with the original for verification."

a) Certified copies of the Degree in a relevant major and a Training Certificate consistent with the field of practice (if any).

a) The National Office for Archives under the Ministry of Home Affairs shall be responsible for organizing the inspection of archival professional knowledge.

c) Two photographs measuring 2 x 3 cm (valid for no more than six months from the date of photographing to the date of registration).

c) The content of the inspection includes: understanding of legal normative documents, standards, and operational procedures in the fields registered for practice: preservation, restoration, repair, sterilization, deacidification, mold removal, digitization of archival documents; research, consultation, application of science and

transfer of archival technology.

b) Information related to submitting the application for examination registration will be announced to agencies, organizations, and individuals through mass media and on the website of the National Archives and Records Administration every June.

c) The examination content includes: knowledge of regulatory legal documents, standards, and operational procedures in the fields registered for practice: preservation, arrangement, restoration, disinfection, deacidification, mold removal, digitization of archival documents; research, consultation, application of science and technology transfer in archiving.

b) The Certificate of Archival Professional Examination Results is valid for five years from the date of issuance (see

Form 1, Appendix I

4. Issuance of the Certificate of Archival Professional Inspection Results

b) The Certificate of Business Practice Results for Archival Services is valid for five years from the date of issuance (according to Form 1, Appendix I).

b) The Certificate of Qualification for Archiving Services is valid for five years from the date of issuance (see Model 1, Appendix I).

Article 5. Subjects registering for storage service activities

1. Organizations newly established or already providing archiving services before the effective date of this Circular must register their archiving service activities with the Department of Home Affairs where they have their headquarters.

2. Individuals registering for archival service activities at the Department of Home Affairs where the individual's permanent residence is registered.

3. Public service units in the archiving sector that have the function of serving state management or providing public services as provided in Point a, Clause 2, Article 5 of Decree No. 43/2006/NĐ-CP dated April 25, 2006 of the Government stipulating the autonomy and responsibility for performing tasks, organizational structures, staffing, and finance of public service units do not need to register for archiving service activities.

Article 6. Certificate of Qualification for Storage Service Activities

1. The Department of Home Affairs shall issue, reissue, and revoke the Certificate of Qualification for Storage Service Activities for organizations and individuals conducting storage service activities as prescribed in Article 36 of the Law on Archives.

2. The Certificate of Qualification for Storage Service Activities has a validity period of five years from the date of issuance. The format of the Certificate of Qualification for Storage Service Activities is presented on A4 paper (210 mm x 297 mm) (Model 9, Appendix I).

3. The collection and use of fees for issuing and reissuing the Certificate of Qualification for Storage Service Activities shall be carried out in accordance with current laws.

c) Professional certificate for storage of persons participating in storage service activities (for organizations).

1. Application for issuance and reissuance of the Certificate of Qualification for Storage Service Activities (Model 7, Appendix I).

2. Certified copy of the Business Registration Certificate or Decision on Establishment (for organizations).

3. Certified copy of the permanent residence registration book (for independent practitioners).

4. List of storage practitioners along with certified copies of their Professional Practice Certificates participating in storage service activities (for organizations).

5. Certified copy of the Professional Practice Certificate (for independent practitioners).

6. Documentation proving physical facilities, equipment, and working conditions to conduct storage service activities in accordance with current laws.

Article 8. Issuance, Reissuance, and Revocation of the Certificate of Qualification for Storage Service Activities

1. The Department of Home Affairs shall accept applications for issuance and reissuance of the Certificate of Qualification for Storage Service Activities for organizations and individuals in accordance with the law. Within ten working days from the date of receipt of complete files, the Department of Home Affairs shall issue, reissue, and publish a list of organizations and individuals who have been issued the Certificate of Qualification for Storage Service Activities on the agency's electronic information website.

2. In cases where the Certificate of Qualification for Storage Service Activities is lost, damaged, or the information recorded therein changes, organizations and individuals must submit an application for reissuance of the Certificate of Qualification for Storage Service Activities at the Department of Home Affairs that originally issued the certificate.

3. Organizations and individuals will have their Certificate of Qualification for Storage Service Activities revoked in the following circumstances:

a) Conducting activities not in accordance with the contents registered in the Certificate of Qualification for Storage Service Activities.

b) Falsely declaring or fraudulently submitting application documents for the Certificate of Qualification for Storage Service Activities.

c) Not operating storage services continuously for twelve months.

d) Being dissolved or declared bankrupt in accordance with the law.

4. Organizations and individuals conducting storage services whose Certificate of Qualification for Storage Service Activities has been revoked must cease operations from the date of the revocation decision by the competent authority.

5. The Department of Home Affairs shall announce the decision to revoke the Certificate of Qualification for Storage Service Activities on the agency's electronic information website within seven days from the date of the revocation decision.

6. Organizations and individuals conducting storage services must return the Certificate of Qualification for Storage Service Activities to the Department of Home Affairs that issued it within ten days from the date of the revocation decision by the competent authority.

Article 9. Responsibilities of agencies, organizations, and individuals engaged in storage service activities

1. Compliance with current laws on archives and related laws.

2. Bear responsibility for the professional standards of persons participating in practice and must compensate for damages (if any) during the implementation of services according to legal provisions.

3. Provide explanations or supply relevant materials and information about the implementation of archival service activities when requested by competent authorities in accordance with the law.

4. Maintain confidentiality regarding files and documents of agencies, organizations, and individuals using storage services; store files and documents about the implementation of storage services.

5. Agencies, organizations, and individuals conducting storage services must report in writing to the Department of Home Affairs where they registered their activities about the implementation of storage service activities from January 1 to December 31 of the reporting year. The deadline for submitting reports is before December 15 of the reporting year. The content of the report follows Appendix II.

Article 10. Responsibilities of agencies, organizations, and individuals using storage services

1. Decide on selecting agencies, organizations, and individuals providing storage services according to legal provisions.

2. Managing and supervising the process and results of the implementation of storage service contracts according to the contracts signed with storage service providers.

Article 11. Responsibilities of agencies implementing state management tasks for archives

Accept registration documents for storage service activities of organizations and individuals in accordance with regulations. Inspect, audit, resolve complaints and denunciations regarding storage service activities and the use of Professional Certificates for Storage Practice by organizations and individuals participating in storage service activities within the managed area.

a) Receiving registration files for archival service activities from organizations and individuals in accordance with regulations. Inspecting, supervising, handling complaints and reports regarding archival service activities and the use of Archival Practice Certificates by organizations and individuals participating in archival service activities within their jurisdiction."

a) Inspect, audit, handle complaints and denunciations regarding storage service activities and the use of Professional Practice Certificates of organizations and individuals participating in storage service activities within the management area.

b) Administer administrative penalties against organizations and individuals practicing storage services within their jurisdiction.

c) Report to the National Office of Archives under the Ministry of Home Affairs on the management of Professional Practice Certificates within their jurisdiction and the situation of storage service activities within the management area from January 1 to December 31 of the reporting year. The deadline for submitting reports is before January 15 of the following year. The content of the report follows Appendix III.

Article 12. Issuance of forms for administrative procedures

Issue nine (9) forms regarding administrative procedures for issuing the Certificate of Qualification for Inspection Results of Archival Services; issuing and reissuing Professional Practice Certificates and issuing and reissuing the Certificate of Qualification for Storage Service Activities in Appendix I.

Article 13. Effective Date

This Circular takes effect from November 15, 2014.

Article 14. Implementation Organization

1. The Director of the National Office of Archives, the Heads of the Departments of Home Affairs of provinces and centrally-administered cities, and relevant agencies, organizations, and individuals are responsible for implementing this Circular.

2. In case of difficulties during implementation, agencies, organizations, and individuals should reflect these issues to the Ministry of Home Affairs for study, amendment, and supplementation./.