Circular No. 20/2009/TT-NHNN stipulates the retention period for files and documents in the banking sector to ensure uniformity and scientific management in record-keeping. This document applies to units within the organizational structure of the State Bank of Vietnam (SBV) and credit institutions.
Scope of application
Units within the organizational structure of the State Bank of Vietnam (SBV); credit institutions (CIs), other organizations engaged in banking activities
Key points
- This Circular is based on a comprehensive and accurate analysis and assessment of the practical and historical value of documents.
- The retention period for files and documents is divided into three levels: permanent, long-term (10-30 years), and temporary (<10 years).
- Files and documents classified as permanent must be submitted to the Historical Archive in accordance with state regulations.
- The files and documents listed in the Retention Period Table for Files and Documents attached to this Circular are categorized according to specific activities and issues.
- This Circular takes effect 45 days from the date of issuance.
🌐 Social impact of this document
- Positive impact: Helps ensure uniformity and scientific management in file and document storage, improving the quality of information management and utilization.
- Negative impact: May cause difficulties in managing files and documents for units due to the requirement to evaluate and classify files according to multiple criteria.
❓ Frequently asked questions
How is the retention period for files and documents defined?
The retention period is divided into three levels: permanent (30 years or more), long-term (10-30 years), and temporary (<10 years).
Which files and documents must be submitted to the Historical Archive?
Files and documents classified as permanent must be submitted to the Historical Archive in accordance with state regulations.
What is the starting point for calculating the retention period for administrative files and documents?
The starting point for calculating the retention period for administrative files and documents is January 1 of the year immediately following the end of the archiving phase or according to the characteristics of each type of file and document.
How many levels of retention periods are there for files and documents?
There are three levels of retention periods: permanent (30 years or more), long-term (10-30 years), and temporary (<10 years).
When does this Circular take effect?
This Circular takes effect 45 days from the date of issuance.
Full text
CIRCULAR
Regulations on the retention period for records and documents in the banking industry
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Based on the Law on the State Bank of Vietnam 1997; the Law Amending and Supplementing Certain Provisions of the Law on the State Bank of Vietnam 2003;
Based on the Law on Credit Organizations 1997; the Law Amending and Supplementing Certain Provisions of the Law on Credit Organizations 2004;
Based on the National Archives Law 2001;
Based on Decree No. 111/2004/NĐ-CP dated April 8, 2004 of the Government detailing the implementation of certain provisions of the National Archives Law;
Pursuant to Decree No. 96/2008/NĐ-CP dated August 26, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;
The State Bank of Vietnam stipulates the retention period for records and documents in the banking industry as follows:
Article 1. Scope of Regulation
1. This Circular specifies the retention period for records and documents in the banking industry, including administrative records and documents; specialized records and documents; scientific and technical records and documents; records and documents related to Party work, Trade Union work, Youth League work.
2. Records and documents specified in Clause 1 of this Article recorded on electronic media such as magnetic tapes, disks, payment cards, electronic vouchers, if printed on paper and meet the legal requirements prescribed by the State and the State Bank, shall be subject to the retention periods set forth in this Circular.
3. Electronic data records not covered by this Circular.
Article 2. Applicability
This Circular applies to units within the organizational structure of the State Bank (SBV); credit organizations (COs), other organizations engaged in banking activities (hereinafter referred to as units).
Article 3. Purpose of Issuance
This Circular sets out the retention period for records and documents stored in the banking industry as a basis for accurately determining the value of records and documents, ensuring consistency; helping units organize the preservation of records and documents strictly and scientifically; establish a list of components of documents to be submitted for historical archives.
Article 4. Records and Documents in the Banking Industry
Records and documents in the banking industry consist of all materials formed during the management and business operations involving currency and banking activities of units; they have economic, political, historical, and scientific and technological values.
Article 5. Principles for Determining Retention Periods
The retention period for records and documents is determined based on a comprehensive and accurate analysis and assessment of their practical and historical value to the unit, the industry, and the country.
The retention period for each record is determined based on the highest valued document within the record.
Article 6. Time Point for Calculating Retention Periods and Retention Periods for Records and Documents
1. The retention period for documents is the necessary time required to retain documents from the date they conclude at the office of the unit until they lose their value.
2. The time point for calculating the retention period for administrative records and documents is calculated from January 1 of the year immediately following the year in which the document concludes its stage as office documentation or according to the specific characteristics of each type of record and document.
3. The time point for calculating the retention period and the retention period for accounting records and printed electronic vouchers are implemented in accordance with Decree No. 128/2004/NĐ-CP dated May 31, 2004 detailing and guiding the implementation of certain provisions of the Accounting Law applicable in state accounting; Decree No. 129/2004/NĐ-CP dated May 31, 2004 detailing and guiding the implementation of certain provisions of the Accounting Law applicable in business operations; Decision No. 1913/2005/QĐ-NHNN dated December 30, 2005 of the State Bank of Vietnam on the issuance of the Accounting Document Retention System in the banking industry.
4. The retention period for each record and document is defined in two levels: permanent retention and limited-term retention, specified in years, as follows:
a) Permanent: This is the time that records and documents are retained permanently until the documents self-destruct or cannot be restored. It is applied to important records and documents reflecting clearly the functions and tasks, serving long-term research for the operation of the agency or unit; having historical value.
Records and documents in this group are defined with a retention period of 30 years or more and must be submitted to the Historical Archive in accordance with the State's regulations on the submission period for records and documents.
b) Long-term: This is the time applied to important records and documents with practical value, serving long-term retrieval in current archives. These types of records and documents have not been confirmed to have historical value, but must be preserved in current archives for the number of years required by the practical value usage needs.
Records and documents in this group are defined with a retention period of 10 to 30 years. After the retention period has expired, an evaluation of the value of the documents must be conducted to determine whether the records and documents still have long-term practical value or need continued preservation due to historical value or should be destroyed.
c) Temporary: This is the time applied to unimportant records and documents serving daily operations of the agency or unit. These types of records and documents do not have historical value, but must be preserved in current archives to exploit their practical value.
Records and documents in this group are defined with a retention period of less than 10 years. After the retention period has expired, destruction must be carried out.
5. For the evaluation of the value of records and documents after the expiration of the retention period as prescribed, a list must be prepared and submitted to the Value Determination Council for review, approval, and decision by the head of the unit to continue preservation or destruction.
Article 7. Table of Retention Periods for Records and Documents
Clause 1. The retention periods for records and documents in the banking sector are specifically stipulated in the Table of Retention Periods for Records and Documents attached to this Circular.
Clause 2. The records and documents in the Table are classified according to activities and issues, each having a unique number, specific name, corresponding to the prescribed retention period, including:
1. Comprehensive records and documents
2. Records and documents on bank development strategies
3. Records and documents on monetary policy
4. Records and documents on monetary forecasting and statistics
5. Records and documents on credit
6. Records and documents on international credit project management
7. Records and documents on foreign exchange management and foreign exchange operations
7.1. Records and documents on foreign exchange management
7.2. Records and documents on business management of foreign exchange sources held by the State Bank and deposited abroad
8. Records and documents on international cooperation
9. Records and documents on establishment, operation, and development of credit organizations
10. Records and documents on internal audit and inspection
10.1. Records and documents on inspection
10.2. Records and documents on internal audit
11. Records and documents on anti-money laundering activities
12. Records and documents on payment work
13. Records and documents on financial and accounting matters
13.1. Accounting of the State Bank
13.2. Accounting of Credit Organizations
13.3. Electronic vouchers (after printing on paper)
14. Records and documents on issuance and vault management
15. Records and documents on money market operations
16. Records and documents on agency relationship operations
17. Records and documents on international payment operations
18. Records and documents on credit information activities
19. Records and documents on information technology
20. Records and documents on organization, personnel, and training
20.1. Records and documents on organization and personnel
20.2. Records and documents on labor and wages
20.3. Records and documents on training
20.3.1. Records and documents on training management
20.3.2. Records and documents on training
21. Records and documents on commendation and reward work
22. Records and documents on legal affairs work
23. Records and documents on investment and construction
23.1. Records and documents on investment and construction management
23.2. Records and documents on investment and construction project management
24. Records and documents on scientific research
25. Records and documents on propaganda and press work
26. Records and documents on management work
27. Records and documents on administrative, archival, and documentation work
28. Records and documents on activities of Party organizations, Trade Union, and Youth Union
28.1. Records and documents on activities of Party organizations
28.2. Records and documents on activities of Trade Union organizations
28.3. Records and documents on activities of Youth Union organizations
Article 8. Effective Date
This Circular takes effect 45 days from the date of issuance. Decision No. 252/QĐ-NH dated December 28, 1993 of the Governor of the State Bank prescribing the retention periods for records and documents in the banking sector shall be repealed.
Article 9. Responsibility for Implementation
Clause 1. Heads of units are responsible for guiding and supervising staff members of their units to determine the retention periods for records created during the course of work based on this Circular; compile a list of records and documents for the year and a list of documents proposed for destruction.
Clause 2. The Director of the State Bank’s Office is responsible for guiding and supervising units within the sector to implement this Circular, reporting annually to the Governor on the implementation status of units; Credit institutions are responsible for guiding the implementation of provisions of this Circular for units within their system.
Clause 3. The Director of the Office, Heads of units under the State Bank, Chairmen of the Board of Directors and General Managers (Directors) of Credit Institutions, and other entities engaged in banking activities are responsible for implementing this Circular./.
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