Circular No. 19/2019/TT-BKHCN stipulates the retention period for scientific and technological specialized files and records.

CIRCULAR

Regulations on the retention period for records and specialized scientific and technological documents

scientific and technological

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Pursuant to the Law on Archives 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. 95/2017/NĐ-CP dated August 16, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

At the proposal of the Director of the Office of the Ministry of Science and Technology and the Director of the Legal Department;

The Minister of Science and Technology issues this Circular regulating the retention period for records and specialized scientific and technological documents.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular regulates the retention period for records and specialized scientific and technological documents formed during the operation of agencies, organizations, and individuals implementing tasks in the field of science and technology.

Article 2. This Circular applies to units under the Ministry of Science and Technology; state management agencies for science and technology at provincial and centrally governed city levels; agencies, organizations, and individuals implementing tasks in the field of science and technology, storing scientific and technological records and documents at ministries, sectors, localities, and other related agencies and organizations.

Article 2. Interpretation of Terms

Clause 1. The retention period for records and documents is the necessary time required to preserve and store records and documents from the year the work ends.

Clause 2. The retention period for specialized scientific and technological records and documents is regulated in two levels as follows:

Point a. Permanent retention: Records and documents belonging to this level are stored in agency archives, then selected and submitted to historical archives when the deadline stipulated by the law on archives arrives.

Point b. Time-limited retention: Records and documents belonging to this level are determined according to a specific number of years and stored in agency archives until the retention period expires, at which point they will be statistically reviewed by the Value Determination Council of the agency to decide whether to continue retaining them or destroy them.

Records and documents with a retention period are determined to have a retention period ranging from 05 to 70 years.

Article 3. Table of retention periods for specialized scientific and technological records and documents

1. The table of retention periods for specialized scientific and technological records and documents is a list of record and document groups indicating retention periods. science and technology is a list of groups of files and documents indicating the retention periods.

Clause 2. The table of retention periods for specialized scientific and technological records and documents issued together with this Circular applies to the following 07 groups of records and documents: Group 1. Records and documents on the management of science and technology;

N |||Group 2. Records and documents on the management of science and technology tasks;

Group 3. Records and documents on scientific research;

Group 4. Records and documents on technological development;

Group 5. Records and documents on intellectual property;

Group 6. Records and documents on standards, measurement, and quality;

Group 7. Records and documents on radiation, nuclear safety, and atomic energy.

Group 7. Files and documents on radiation safety, nuclear, and atomic energy.

Article 4. Using the Table of Retention Periods for Specialized Scientific and Technological Records and Documents

Clause 1. The table of retention periods for records and documents serves as a basis for determining the retention period for specialized scientific and technological records and documents of agencies. When determining the value of records and documents, the following requirements must be met:

Point a. The level of retention period determination for each specific record and document cannot be lower than the retention period stipulated in this Circular;

Point b. When selecting records and documents to submit to historical archives, the completeness of the group (archive) of documents must be considered, while also paying attention to historical stages and periods to potentially increase the retention period of records and documents higher than the level specified in the Circular;

Point c. For records and documents that have exceeded their retention period, the agency archive must prepare a list to present to the Record and Document Value Determination Council for review and re-evaluation, if necessary, extending the retention period further.

Clause 2. In cases where there are records and documents not covered in the table of retention periods issued with this Circular, agencies and units may apply the retention period level of corresponding record and document groups in the table and relevant laws on archives to determine.

Article 5. Effective Date

This Circular takes effect from February 3, 2020.

Article 6. Implementation Organization

Clause 1. Ministries, ministerial-level agencies, government-affiliated agencies, People's Committees of provinces and centrally governed cities, and related organizations and individuals are responsible for implementing this Circular.

Clause 2. During implementation, if there are any difficulties, agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Science and Technology for appropriate amendments and supplements./.