Circular No. 17/2014/TT-BNV guides the determination of agencies and organizations that submit archival materials to historical archives at all levels.

CIRCULAR

Guidelines for determining agencies and organizations within the scope of submitting documents to be stored in historical archives at all levels

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

Pursuant to the Government Decree No. 01/2013/NĐ-CP dated January 3, 2013 detailing certain provisions of the Law on Archives;

Pursuant to Decree No. 58/2014/NĐ-CP dated June 16, 2014, 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 General Office for Archives;

The Minister of Home Affairs issues this Circular guiding the determination of agencies and organizations within the scope of submitting documents to be stored in historical archives at all levels.

Article 1. Scope of Regulation

This Circular guides the determination of agencies and organizations within the scope of submitting documents to be stored in National Archives Centers, provincial historical archives, and municipal historical archives directly under the central government (hereinafter referred to collectively as provincial historical archives), and guides the construction, review, issuance, and amendment and supplementation of the List of agencies and organizations within the scope of submitting documents to be stored in historical archives at all levels.

Article 2. Applicability

This Circular applies to National Archives Centers, provincial historical archives; agencies and organizations within the scope of submitting documents to be stored in historical archives at all levels.

Article 3. Agencies and organizations within the scope of submitting documents to be stored in National Archives Centers

1. The National Assembly and its agencies;

2. Ministries, ministerial-level agencies, and government agencies;

3. Office

4. Supreme People's Court;

5. Supreme People's Procuracy;

6. Organizations under and affiliated with Ministries, ministerial-level agencies having state management functions over sectors and fields (General Bureaus, Bureaus, Commissions, Committees);

7. Public service units under Ministries, ministerial-level agencies, and government agencies established by the Prime Minister, Ministers, heads of ministerial-level agencies, and heads of government agencies.

8. State-owned economic groups and state-owned corporations established by the Prime Minister, Ministers, and heads of ministerial-level agencies.

9. Central agencies of political-social-professional organizations, social organizations, and social-professional organizations operating on state budget funds.

Article 4. Agencies and organizations within the scope of submitting documents to be stored in provincial historical archives

1. Agencies and organizations at the provincial level (hereinafter referred to collectively as provincial level)

a) Office of the Delegation of the National Assembly and People's Council;

b) People's Committee;

c) Specialized agencies under the People's Committee;

d) People's Court;

đ) People's Procuracy;

e) Police, Fire Prevention and Fighting, Military Command, Border Guard Command;

g) Organizations under specialized agencies under the provincial People's Committee having state management functions;

h) Public service units under the People's Committee;

i) Agencies and organizations of the central government, subsidiaries of state-owned economic groups and state-owned corporations operating vertically at the provincial level;

k) State-owned enterprises established by the Chairman of the People's Committee;

l) Provincial-level political-social-professional organizations, social organizations, and social-professional organizations operating on state budget funds.

2. Agencies and organizations at the district and town level (hereinafter referred to collectively as district level)

a) People's Council;

b) People's Committee;

d) People's Court;

đ) People's Procuracy;

e) County police, military command;

g) Agencies and organizations of the central government operating vertically at the district level.

Article 5. Construction, Review of the List of agencies and organizations within the scope of submitting documents to be stored in historical archives at all levels

1. Responsibility for constructing the List of agencies and organizations within the scope of submitting documents to be stored in historical archives at all levels (hereinafter referred to collectively as the Submission Source List)

a) National Archives Centers and provincial historical archives have the responsibility to construct the Submission Source List and submit it to the competent agency responsible for state management of archives for review;

b) Agencies responsible for state management of archives at the central and provincial levels have the responsibility to submit the Submission Source List to the competent authority for issuance;

c) Heads of agencies and organizations within the scope of submission according to this Circular have the responsibility to cooperate with authorized historical archives in constructing the Submission Source List.

2. Basis for constructing the Submission Source List

a) Circular guiding the determination of agencies and organizations within the scope of submitting documents to be stored in historical archives at all levels;

b) Legal provisions regarding the functions, tasks, and organizational structure of agencies and organizations within the scope of archival document collection;

c) Legal provisions regarding the establishment, renaming, division, merger, conversion of ownership form, dissolution, and bankruptcy of agencies, organizations, and state-owned enterprises within the scope of archival document collection.

3. Method of constructing the Submission Source List

a) National Archives Centers and provincial historical archives base on relevant legal documents and related documents concerning the system of agencies and organizations within the scope of archival document collection to draft the Submission Source List;

b) National Archives Centers and provincial historical archives submit the draft Submission Source List to the competent agency responsible for state management of archives for review;

c) The agency responsible for reviewing the Submission Source List according to Clause 4 of this Article has the responsibility to submit it to the competent authority for approval and issuance of the Submission Source List for historical archives at all levels according to Article 6 of this Circular;

d) Documents submitted include: Request letter from the historical archive; explanatory memorandum of the Submission Source List; Review document of the head of the agency responsible for state management of archives at the central and provincial levels; Draft decision on issuing the Submission Source List.

4. Review of the Submission Source List

a) The National Archival Affairs and Historical Archive Department reviews the Submission Source List for central historical archives upon request of the Director of the National Archives Center;

b) Provincial Departments of Home Affairs review the Submission Source List for provincial historical archives upon request of the Head of the Provincial Archival Affairs and Historical Archive Bureau.

Article 6. Competence to issue the List of Sources for Submission to Archives

1. The Minister of Home Affairs shall issue the List of Sources for Submission to the National Archive Center upon the proposal of the Director of the State Records and Archives Administration.

2. The Chairman of the People's Committee of provinces and centrally governed cities shall issue the List of Sources for Submission to the Provincial Historical Archive upon the proposal of the Director of the Department of Home Affairs.

Article 7. Amendment and Supplement to the List of Sources for Submission

The List of Sources for Submission to the National Archive Centers and Provincial Historical Archives shall be amended and supplemented in the following cases:

a) When agencies and organizations listed in the List of Sources for Submission undergo changes in name due to division, separation, merger, consolidation, dissolution, bankruptcy, or conversion of state-owned enterprise ownership form but still belong to sources submitting documents to historical archives at all levels;

b) Establishment of new agencies and organizations determined to be sources for submission to historical archives at all levels.

Article 8. Effective Date

1. This Circular takes effect from February 1, 2015.

2. This Circular replaces Circular No. 04/2006/TT-BNV dated April 11, 2006, issued by the Ministry of Home Affairs guiding the determination of agencies and organizations belonging to sources for submission of documents to historical archives at all levels.

Article 9. Implementation Organization

The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of the People's Committees of provinces and centrally governed cities are responsible for implementing this Circular.

In the course of implementation, if there are difficulties, agencies and organizations are requested to promptly reflect them to the Ministry of Home Affairs for study and appropriate amendment and supplementation./.