Decree No. 110/2004/ND-CP on archival work

DECREE

Regarding archival work

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
WHEREAS, the Law on Enacting Regulatory Legal Documents dated November 12, 1996 and the Law Amending and Supplementing Certain Articles of the Law on Enacting Regulatory Legal Documents dated December 16, 2002;
Pursuant to the National Archives Law dated April 4, 2001;
At the request of the Minister of Home Affairs,

DECREE

Chapter I

GENERAL PROVISIONS

Article 1. Scope and objects regulated

1. This Decree stipulates on archival work and state management of archival work; it shall apply to state agencies, political organizations, socio-political organizations, social organizations, occupational social organizations, economic organizations, and people's armed units (hereinafter referred to collectively as agencies and organizations).

2. Archival work as prescribed in this Decree includes tasks related to drafting and issuing documents; managing documents and other materials formed during the operation of agencies and organizations; managing and using seals in archival work.

Article 2. Interpretation of Terms

In this Decree, the following terms shall be understood as follows:

1. "Draft of a document"is a handwritten or typed version formed during the drafting process of a document by an agency or organization;"

2. "Original document"is the final draft approved by the authorized person;"

3. "Original document" is a complete version regarding both content and format issued by an agency or organization. The original may be made into multiple copies with equal value;

4. "Certified true copy"is a full and accurate copy of the content of a document presented according to the prescribed format. A certified true copy must be made from the original document;"

5. "Extracted copy"is a partial copy of the content of a document presented according to the prescribed format. An extracted copy must be made from the original document;"

6. "Copy of a record"is a full and accurate copy of the content of a document, made from a certified true copy and presented according to the prescribed format;"

7. "File"is a set of documents and materials related to each other on a specific issue, event, object, or share one (or several) common characteristics such as the type of document; the issuing agency or organization; time or other features, formed during the monitoring and resolution of tasks within the scope of functions and responsibilities of an agency or organization or of an individual;

8. "Creating a file"is the process of collecting and arranging documents and materials formed during the monitoring and resolution of tasks into a file according to certain principles and methods.

Article 3. Responsibilities for archival work

1. The head of an agency or organization, within the scope of authority granted, is responsible for directing archival work and directing the research and application of science and technology in archival work.

2. Every individual involved in the monitoring and resolution of tasks related to archival work must strictly comply with the provisions of this Decree and other laws concerning archival work.

Chapter II

DRAFTING AND ISSUING DOCUMENTS

Article 4. Forms of documents

The forms of documents formed in the activities of agencies and organizations include:

1. Legal regulatory documents as provided for in the Law on Issuing Legal Regulatory Documents dated November 12, 1996 and the Law Amending and Supplementing Certain Provisions of the Law on Issuing Legal Regulatory Documents dated December 16, 2002;

2. Administrative documents

Decision (individual), directive (individual), announcement, notice, program, plan, proposal, project, report, minutes, submission, contract, letter, certificate, authorization letter, invitation letter, introduction letter, leave slip, travel permit, receipt for file submission, dispatch form, transfer form;

3. Specialized documents

The forms of specialized documents are prescribed by the Minister or Head of the sectoral management agency after reaching a consensus with the Minister of Home Affairs;

4. Documents of political organizations, socio-political organizations

The forms of documents of political organizations, socio-political organizations are prescribed by the head of the central agency of the political organization, socio-political organization.

Article 5. Format of Documents

1. Format of Legal Normative Documents and Administrative Documents

a) The format of legal normative documents and administrative documents includes the following components:

- National Emblem;

- Name of the agency or organization issuing the document;

- Number and code of the document;

- Place name and date of issuance of the document;

- Type name and summary of the content of the document;

- Content of the document;

- Position, full name, and signature of the authorized person;

- Seal of the agency or organization;

- Recipient;

- Urgency and confidentiality marks (for urgent and confidential documents).

b) For letters, telegrams, introduction letters, invitations, delivery slips, transfer slips, in addition to the components prescribed in point a of this clause, the address of the agency or organization; email address; telephone number, Telex number, fax number may be supplemented.

c) The format and presentation techniques of documents are regulated by the Minister of Home Affairs and the Minister, Head of the Government Office.

2. Format of Specialized Documents

The format and presentation techniques of specialized documents are regulated by the Minister or the Head of the management agency of the industry after reaching a consensus with the Minister of Home Affairs.

3. Format of Documents of Political Organizations and Political-Social Organizations

The format and presentation techniques of documents of political organizations and political-social organizations are regulated by the head of the central agency of the political organization or political-social organization.

4. Format and Presentation Techniques of Documents Exchanged with Foreign Agencies, Organizations, or Individuals Shall Be Implemented According to International Practices.

Article 6. Drafting Documents

1. The drafting of legal normative documents shall be carried out according to the provisions of the Law on Issuing Legal Normative Documents dated November 12, 1996, and the Law Amending and Supplementing Certain Provisions of the Law on Issuing Legal Normative Documents dated December 16, 2002.

2. The drafting of other documents is regulated as follows:

a) Based on the nature and content of the document to be drafted, the head of the agency or organization assigns a unit or individual to draft or take the lead in drafting.

b) The unit or individual responsible shall perform the following tasks:

Determine the form, content, and level of confidentiality and urgency of the document to be drafted;

Collect and process related information;

Draft the document;

In case it is necessary, propose to the head of the agency or organization to seek opinions from relevant agencies, organizations, units, or individuals; study and incorporate opinions to perfect the draft;

Submit the draft for review along with related documents.

Article 7. Review of Drafts, Amendments, and Supplements to Approved Drafts

1. The draft document must be reviewed by the person authorized to sign the document.

2. In cases where amendments or supplements to approved drafts are required, they must be submitted for review and decision by the reviewer.

Article 8. Typing and Reproduction

Typing and reproduction of documents must meet the following requirements:

1. Type accurately according to the original draft, adhering to the format and presentation techniques of the document. In case of discovering errors or unclear points in the draft, the typist must inquire the drafting unit or individual or the reviewer of that draft;

2. Reproduce the correct quantity as specified.

3. Maintain the confidentiality of the document's content and carry out typing and reproduction strictly according to the prescribed time.

Article 9. Inspection of Documents Before Signing and Issuance

1. The head of the unit or the individual leading the drafting of the document must check and be responsible for the accuracy of the content of the document.

2. The Heads of Offices of Ministries, agencies at the ministerial level, government agencies, and People's Committees at all levels (hereinafter referred to as the Head of the Office); Heads of Administrative Departments in agencies and organizations without offices (hereinafter referred to as the Head of the Administrative Department); persons assigned responsibility to assist the heads of agencies and organizations in managing document work in other agencies and organizations (hereinafter referred to as the person assigned responsibility) must inspect and bear responsibility for the format, format, presentation techniques, and procedures for issuing documents.

Article 10. Signing Documents

1. In agencies and 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 may delegate signing authority (KT.) for documents within their assigned areas to deputy heads.

2. In agencies and organizations operating under a collective system

a) For important matters of the agency or organization that must be discussed collectively and decided by majority vote according to law or organizational regulations, the signing of documents shall be as follows:

The head of the agency or organization signs on behalf (TM.) of the leadership collective the documents of the agency or organization;

Deputies of the head and other leaders holding positions delegated by the head sign on behalf of the collective those documents authorized by the head and those within their assigned areas.

b) The signing of documents concerning other matters shall be carried out as stipulated in Clause 1 of this Article.

3. In special cases, the head of the agency or organization may authorize a subordinate officer one level below to sign certain documents on their behalf (TUQ.). Such delegation must be specified in writing and limited to a specific period. The authorized person may not further delegate this authority to another person.

4. The head of the agency or organization may delegate to the Director of the Office, Head of the Administrative Department, or Head of certain units to sign certain types of documents on their behalf (TL.). Such delegation must be clearly defined in the operational rules or record-keeping rules of the agency or organization.

5. Documents should not be signed with a pencil; red ink or easily fading ink should not be used.

Article 11. Copies of Documents

1. The forms of copies provided for in this Decree include true copies, extracts, and registry copies.

2. The format of copies is as follows:

Copy form: true copy or extract or registry copy; name of the agency or organization making the copy; copy number and code; place and date of copying; position, name, and signature of the authorized person; stamp of the agency or organization making the copy; recipient.

3. True copies, extracts, and registry copies made in accordance with this Decree have the same legal effect as the original.

4. Photocopies including stamps and signatures of the document that do not comply with the format prescribed in Clause 2 of this Article only have informational and reference value.

Chapter III

MANAGEMENT OF DOCUMENTS AND MANAGEMENT AND USE OF STAMPS

PART 1. MANAGEMENT OF RECEIVED DOCUMENTS

Article 12. Procedure for Managing Received Documents

All documents, including letters and petitions from individuals sent to agencies and organizations (hereinafter referred to as received documents), must be managed according to the following procedure:

1. Receipt and registration of received documents;

2. Presentation and transfer of received documents;

3. Processing and monitoring the processing of received documents

Article 13. Receipt and Registration of Received Documents

All received documents from any source must be centralized at the agency or organization's records office for receipt and registration procedures. Received documents not registered at the records office shall not be processed by departments or individuals.

Article 14. Presentation and Transfer of Incoming Documents

1. Incoming documents must be promptly presented to responsible persons and transferred to units or individuals for resolution. Incoming documents bearing urgent seals must be presented and transferred immediately upon receipt.

2. The transfer of documents must ensure accuracy and maintain the confidentiality of their contents.

Article 15. Resolution and Supervision of Incoming Document Resolution

1. The head of the agency or organization is responsible for directing the timely resolution of incoming documents. Deputies of the head of the agency or organization are entrusted with directing the resolution of incoming documents according to the head's delegation and those within their assigned areas of responsibility.

2. Based on the content of the incoming document, the head of the agency or organization assigns units or individuals to resolve it. Units or individuals are responsible for studying and resolving incoming documents within the timeframes prescribed by law or the regulations of the agency or organization.

3. The head of the agency or organization may delegate the following tasks to the Director of the Office, Head of Administrative Department, or the person assigned responsibility:

a) Reviewing all incoming documents and reporting important and urgent ones;

b) Distribute incoming documents to units or individuals for resolution;

c) Monitoring and urging the resolution of incoming documents.

Article 16. Management of Incoming Document Business Operations shall be carried out in accordance with the guidance of the Director of the National Archives and Records Management Bureau. archives and State Archives.

Section 2. MANAGEMENT OF OUTGOING DOCUMENTS

Article 17. Procedure for Managing Outgoing Documents

All documents issued by agencies or organizations (hereinafter referred to as outgoing documents) must be managed according to the following procedure:

1. Check the format, form, and presentation technique; record the number, symbol, and date of the document;

2. Stamp the agency and urgency or confidentiality seals (if applicable);

3. Register outgoing documents;

4. Complete procedures, dispatch, and monitor the dispatch of outgoing documents;

5. Archive outgoing documents.

Article 18. Dispatch of Outgoing Documents

1. Outgoing documents must complete the records management procedures and be dispatched on the day they are signed, at the latest on the next working day.

2. Outgoing documents can be sent to the recipient via fax or transmitted over a network for rapid communication.

Article 19. Archiving of Outgoing Documents

1. Each outgoing document must be archived in at least two original copies; one copy kept in the agency or organization’s records office and one copy kept in the file.

2. The original copy of outgoing documents kept in the agency or organization’s records office must be arranged in registration order.

3. Original copies of regulatory legal documents and other important documents of the agency or organization must be made on high-quality paper with neutral pH and printed with long-lasting ink.

Article 20. Management of Outgoing Document Business Operations shall be carried out in accordance with the guidance of the Director of the National Archives and Records Management Bureau. and State Archives.

Section 3. ESTABLISHMENT OF CURRENT FILES AND HANDOVER OF DOCUMENTS TO CURRENT ARCHIVES OF THE AGENCY OR ORGANIZATION AUTHORITY, ORGANIZATION

Article 21. Content of Current File Establishment and Requirements for Established Files

1. The content of current file establishment includes:

a) Opening files;

b) Collecting and updating documents and materials formed during the process of monitoring and resolving work into the file;

c) Concluding and cataloging the file.

2. Requirements for each established file:

a) The established file must accurately reflect the functions and responsibilities of the unit or the agency or organization;

b) Documents and materials collected into the file must be closely related to each other and accurately reflect the sequence of events or the sequence of work resolution;

c) Documents and materials collected into the file must have relatively uniform preservation value.

Article 22. Submission of Documents to Current Archives of Agencies and Organizations

1. Responsibilities of Units and Individuals within Agencies and Organizations

a) Units and individuals within agencies and organizations must submit documents and records with archival value to the current archives of their agencies and organizations according to the deadlines specified in Clause 2 of this Article.

b) In cases where units or individuals need to retain documents that have reached the submission deadline, they must prepare a list and send it to the current archives of their agencies and organizations, but the retention period shall not exceed two years.

c) All officers, civil servants, and officials before retirement, resignation, or transfer of duties must hand over documents and records to their units or successors.

2. Deadlines for Submitting Documents to Current Archives are stipulated as follows:

a) Administrative documents: one year from the end of the work year;

b) Scientific research documents, application of science and technology: one year from the date of formal acceptance of the project;

c) Construction project documents: three months from the date of final settlement;

d) Photographs, film, microfilm, audio and video recordings, and other documents: three months from the end of the work.

3. Procedures for Submission

When submitting documents, two copies of the "Document and Record Submission Catalog" and two copies of the "Document Handover Certificate" must be prepared. The unit or individual submitting the documents and the current archives of the agency or organization each keep one copy of each type.

Article 23. Responsibilities for Document Filing and Submission to Current Archives

1. The head of the agency or organization is responsible for directing the work of document filing and submission of documents and records to the current archives of subordinate agencies and organizations within their management scope.

2. The Director of the Office, Head of the Administrative Department, or person assigned responsibility has the following tasks:

a) Advising the head of the agency or organization on directing, inspecting, and guiding the work of document filing and submission of documents and records to the current archives of subordinate agencies and organizations;

b) Implementing the work of document filing and submission of documents and records to the current archives at their own agency or organization.

3. Unit heads within agencies and organizations are responsible to the head of the agency or organization for the work of document filing, preservation, and submission of documents and records of their units to the current archives of the agency or organization.

4. During the process of monitoring and handling work, each individual must create a file on that work.

Article 24. Current Practices for Document Filing and Submission of Documents and Records to Current Archives are implemented in accordance with the guidance of the Director of the National Archives and Records Administration in accordance with the guidance of the Director of the General Office and State Archives Department.

Section 4. MANAGEMENT AND USE OF SEALS IN DOCUMENTATION WORK

Article 25. Management and Use of Seals

1. The management and use of seals in documentation work are carried out in accordance with the provisions of the law on seal management and use and the regulations of this Decree.

2. The seal of the agency or organization must be entrusted to the document clerk to keep and affix at the agency or organization. The document clerk is responsible for implementing the following provisions:

a) Not to hand over the stamp to another person without written permission from the authorized authority;

b) Must personally affix the seal on the documents and papers of the agency or organization;

c) To only affix the stamp on documents and papers after they have been signed by the authorized person;

d) Not to affix a blank stamp.

3. The use of the seal of the agency or organization and the seal of the office or unit within the agency or organization is stipulated as follows:

a) Documents issued by the agency or organization must bear the seal of the agency or organization;

b) Documents issued by the office or unit within the scope of delegated authority must bear the seal of the office or the unit's seal.

Article 26. Stamping

1. The stamp must be clear, neat, correctly oriented, and used according to the prescribed size.

2. When stamping over a signature, the stamp must cover approximately one-third of the signature towards the left side.

3. The act of stamping on annexes accompanying the main document shall be decided by the person signing the document, and the stamp shall be placed on the first page, covering part of the name of the agency, organization, or the name of the annex.

4. The implementation of edge-stamping and raised-stamping on documents and specialized materials shall be carried out in accordance with the regulations stipulated by the Minister or the head of the management agency.

Chapter IV

STATE MANAGEMENT OF DOCUMENTARY WORKS

Article 27. Contents of State Management of Documentary Works

The contents of state management of documentary works include:

1. Establishing, promulgating, and guiding the implementation of legal documents concerning documentary works;

2. Uniformly managing the professional activities of documentary works;

3. Managing scientific research and the application of science and technology in documentary works;

4. Managing training and capacity building for personnel involved in documentary works; managing commendation and reward activities in documentary works;

5. Inspecting, supervising, handling complaints and denunciations, and dealing with violations of laws related to documentary works;

6. Organizing mid-term and final reviews of documentary work;

7. International cooperation in the field of documentary works.

Article 28. Responsibilities for Managing Documentary Work

1. The Ministry of Home Affairs is responsible before the Government for implementing state management of documentary work in accordance with the contents specified in Article 27 of this Decree.

The National Archives and Records Administration has the responsibility to assist the Minister of the Ministry of Home Affairs in implementing state management of documentary work.

2. Within their respective duties and powers, Ministries, ministerial-level agencies, agencies under the Government, central agencies of political organizations, political-social organizations, social organizations, socio-professional organizations, economic organizations, and People's Committees at all levels shall have the responsibility:

a) Based on legal provisions, issuing and guiding the implementation of systems and regulations concerning documentary works;

b) Checking the implementation of systems and regulations concerning documentary works within their scope of management; resolving complaints and denunciations and handling violations of laws related to documentary works within their authority;

c) Organizing and directing the application of science and technology in documentary works;

d) Organizing training and capacity building for personnel involved in documentary works; managing commendation and reward activities in documentary works;

đ) Organizing mid-term and final reviews of documentary work within their sector, field, and locality.

Article 29. Organization and Tasks of Agency and Organization Documentary Personnel

1. Depending on the volume of work, agencies and organizations must establish a documentation department, team, or designate personnel for documentation (hereinafter referred to collectively as agency documentation personnel).

2. The specific tasks of agency documentation personnel are as follows:

a) Receiving and registering incoming documents;

b) Presenting and transferring incoming documents to relevant units and individuals;

c) Assisting the Director of the Office, Head of Administrative Department, or the person assigned to oversee and urge the processing of incoming documents;

d) Receiving draft documents for review, approval, and issuance by authorized persons;

đ) Checking the format, presentation, and technical aspects; recording numbers and dates; affixing urgency and confidentiality stamps;

e) Registering, processing issuance, dispatch, and tracking the dispatch 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 staff;

i) Preserving and using the seals of the agency, organization, and other types of seals.

Article 30. The person assigned to work as a clerk must meet the professional standards of the civil servant clerk rank as prescribed by law. Organizations, entities, and individuals who have achievements in archival work shall be rewarded according to the provisions of the law.

Chapter V

REWARD, VIOLATION HANDLING AND COMPLAINTS, REPORTS

Article 31. Awards

Any person violating the provisions of this Decree and other legal provisions on archival work shall be subject to disciplinary action or criminal responsibility追究刑事责任，根据违法行为的性质和程度，依照法律规定。

Article 32. Handling Violations

1. Organizations and individuals have the right to lodge complaints against acts violating the laws on archival work.

Article 33. Complaints and Allegations

2. Individuals have the right to report acts violating the laws on archival work.

3. The handling of complaints and reports in archival work shall be carried out in accordance with the provisions of the law on complaints and reports.

2. Abolish Section I - Official Document Work of the Regulation on Official Document Work and Archival Work issued together with Decree No. 142/CP dated September 28, 1963 of the Council of Ministers and previous regulations that are inconsistent with the provisions of this Decree.

Chapter VI

IMPLEMENTING PROVISIONS

Article 34. Effective Date

1. This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 35. Guidance for Implementation

The Minister of Home Affairs shall be responsible for guiding the implementation and supervising the enforcement of this Decree.

Article 36. Responsibility for Implementation

Article 36. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.