Circular No. 15/2012/TT-BQP on the retention period for files and documents commonly formed in the activities of military agencies and units.

CIRCULAR

Regulations on the retention period for general files and records formed in the activities of military agencies and units

Pursuant to the Law on Legislative Documents of 2008;

Based on the Law on Archives 2011;

Pursuant to Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of National Defense;

Considering the proposal of the Director of the General Office of the Ministry of National Defense;

The Minister of National Defense hereby promulgates regulations on the retention period for general files and records formed in the activities of military agencies and units as follows:

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the retention period for general files and records formed in the activities of military agencies and units.

Article 2. This Circular applies to agencies and units; party organizations, youth unions, trade unions, women's associations; enterprises and associations within the military (hereinafter referred to collectively as military agencies and units).

Article 2. Retention Period for Files and Records

Clause 1. The retention period for files and records is the necessary time required to retain files and records from the year the work is completed.

Clause 2. The retention period for general files and records formed in the activities of military agencies and units is specified in two levels:

Point a. Permanent retention: Files and records at this level will be handed over and retained in the military storage system for 30 years after the work has been completed; thereafter, they will be selected and submitted to historical archives according to the laws on archives.

Point b. Temporary retention: Files and records at this level will be handed over and retained in the military storage system after the work has been completed; when the retention period expires, they will be statistically reviewed by the Value Determination Council of the agency or unit to decide whether to continue retaining them or destroy them. The destruction of expired value documents must be carried out in accordance with the laws on archives.

Article 3. Table of Retention Periods for General Files and Records Formed in the Activities of Military Agencies and Units

Clause 1. The table of retention periods for files and records is a list of file and record groups with guidance on retention periods.

Clause 2. Accompanying this Circular is the "Table of Retention Periods for Files and Records" including the following groups of files and records:

Group 1. Common Documents

Group 2. Organization, Staffing, and Force Building Documents

Group 3. Planning and Statistical Documents

Group 4. Foreign Affairs and International Military Cooperation Documents

Group 5. Inspection, Grievance Resolution, and Complaint Handling Documents

Group 6. Legal Documents

Group 7. Investigation, Prosecution, Trial, and Enforcement Documents

Group 8. Party Organization Documents

Group 9. Competition, Reward, and Political Education Propaganda Documents

Group 10. Mass Organization Documents

Group 11. Financial and Accounting Documents

Group 12. Logistics and Technical Support Documents

Group 13. Basic Construction Documents

Group 14. Project, Program, and Key Initiative Documents

Group 15. Military Science and Technology Documents

Group 16. Other Specialized Field Documents

Article 4. Use of the Preservation Period Table for Records and Documents

Clause 1. This table of retention periods is used to determine the retention period for general files and records formed in the activities of military agencies and units. When determining the value of documents, the following requirements must be met:

Point a. The determined retention period for each specific file or record must not be lower than the provisions set forth in this Circular.

Point b. When selecting documents to submit to the current archive of a higher-level agency, the completeness of the group (archive) of documents must be considered; at the same time, attention should be paid to the historical phase and period to increase the retention period for files and records above the prescribed level.

Point c. For files and records that have exceeded their retention period, the Value Determination Council of the agency or unit shall review and re-evaluate them; if necessary, the retention period may be extended.

Clause 2. In practice, where there are files and records generated that are not covered by the Table of Retention Periods for Files and Records, the agency or unit shall apply the retention periods of corresponding groups of files and records in the Table of Retention Periods for Files and Records.

Article 5. Implementation Provisions

1. This Circular takes effect 45 days from the date of signature.

Clause 2. Commanders of military agencies and units are responsible for implementing this Circular.

The Director of the General Office of the Ministry of National Defense is responsible for monitoring, guiding, and inspecting the implementation of this Circular.