Circular No. 21/2005/TT-BNV guiding the functions, tasks, authorities, and organization of archives and record management organizations under Ministries, ministerial-level agencies, government agencies, and People's Committees.

CIRCULAR

Guidelines on functions, tasks, authorities

and organization of archival and record management organizations of ministries, ministerial-level agencies

and provincial people's committees

________________________

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decision No. 177/2003/QĐ-TTg dated September 1, 2003 of the Prime Minister stipulating the functions, tasks, authorities, and organizational structure of the National Archives and Records Management Agency;

Pursuant to Decree No. 110/2004/NĐ-CP dated April 8, 2003 of the Government on record management work;

Pursuant to Decree No. 111/2004/NĐ-CP dated April 8, 2007 of the Government detailing implementation of certain provisions of the National Archives Law;

Pursuant to Decree No. 171/2004/NĐ-CP dated September 29, 2004 of the Government stipulating the organization of specialized agencies under the People's Committees of provinces and centrally governed cities;

Pursuant to Decree No. 172/2004/NĐ-CP dated September 29, 2004 of the Government on organizing specialized agencies under district, town, city, and provincial people's committees.

To unify state management over record management and archival work and provide a basis for ministries, ministerial-level agencies, and provincial people's committees to consider and issue specific guidelines within their jurisdiction, the Ministry of Home Affairs issues guidelines on the functions, tasks, authorities, and organization of archival and record management organizations of ministries, ministerial-level agencies, and provincial people's committees as follows:

I. FUNCTIONS, TASKS, AND AUTHORITIES OF ARCHIVAL AND RECORD MANAGEMENT ORGANIZATIONS OF MINISTRIES, MINISTERIAL-LEVEL AGENCIES, AND GOVERNMENT-RELATED AGENCIES

At the ministry offices, ministerial-level agency offices (hereinafter referred to collectively as ministries), reorganize and merge rooms and groups engaged in record management and archival work to establish the Record Management - Archival Department under the ministry office.

At the offices of government-related agencies, depending on the volume of record management and archival work, may establish the Record Management - Archival Department or a specialized group responsible for record management and archival work.

For archival and record management organizations at defense, foreign affairs, public security agencies, and the Government Office, in addition to the regulations issued by the Government, their functions, tasks, and authorities shall still follow this Circular.

1. The Record Management - Archival Department under the ministry office.

1.1. Functions

The Record Management - Archival Department under the ministry office has the function of assisting the Director of the Ministry Office in advising the Minister on managing and organizing the implementation of record management and archival work of the ministry.

1.2.3 Submit to the Provincial People's Committee for approval of programs and measures to organize the implementation of administrative reform tasks within the scope of the Department's state management functions over tourism;

1.2.1. Based on legal regulations, assist the Director of the Ministry Office in drafting documents of the ministry to guide the implementation of systems and regulations on record management and archival work;

1.2.2. Assist the Director of the Ministry Office in drafting long-term, short-term, and annual plans to be submitted to the leadership of the ministry for approval to organize and monitor the implementation of systems and regulations on record management and archival work for subordinate agencies and organizations;

1.2.3. Assist the Director of the Ministry Office in drafting plans to be submitted to the leadership of the ministry for approval to direct research and application of science and technology in record management and archival work; coordinate with subordinate agencies and organizations and relevant agencies annually to organize training and professional development for record management and archival staff;

1.2.4. Assist the Director of the Ministry Office in coordinating with the Inspectorate of the ministry in handling complaints, reports, and violations of laws related to record management and archival work;

1.2.5. Implement statistics on records and archives according to legal regulations;

1.2.6. Organize the implementation of record management tasks for agencies as stipulated in Clause 2, Article 29 of Decree No. 110/2004/NĐ-CP dated April 8, 2004 of the Government on record management work;

1.2.7. Organize the implementation of current archival tasks for the ministry;

1.2.8. Organize mid-term and final reviews and manage commendation and reward activities in record management and archival work within the scope of the ministry;

1.2.9. Implement certain public services related to archival work according to legal regulations.

1.3. Organization and Staffing

1.3.1. The Record Management - Archival Department has a Head, Deputy Heads, and some professional staff;

1.3.2. The staffing of the Record Management - Archival Department is determined by the Minister based on the proposal of the Director of the Ministry Office within the total staffing of the ministry to ensure the completion of tasks specified in Point 1.2 of Section I of this Circular;

1.3.3. Staff members of the Record Management - Archival Department must meet the professional standards of the record management and archival civil service rank as prescribed by law.

2. At agencies and organizations with legal personality, seals, and bank accounts directly under ministries.

2.1. At agencies and organizations with legal personality, seals, and bank accounts directly under ministries that have offices, depending on the volume of record management and archival work, may establish the Record Management - Archival Department or a specialized group responsible for record management and archival work;

2.2. At agencies and organizations with legal personality, seals, and bank accounts directly under ministries without offices, arrange a specialized group responsible for record management and archival work;

2.3. Staff members engaged in record management and archival work at these agencies and organizations must meet the professional standards of the record management and archival civil service rank as prescribed by law;

2.4. Specific functions, tasks, authorities, and staffing of organizations engaged in record management and archival work are decided by the heads of these agencies and organizations under the guidance of the ministry and general legal provisions.

II. FUNCTIONS, TASKS, AND AUTHORITIES OF ARCHIVAL AND RECORD MANAGEMENT ORGANIZATIONS AT PROVINCIAL PEOPLE'S COMMITTEES

1. At the provincial people's committee offices

At the provincial people's committee offices (hereinafter referred to collectively as provinces), reorganize and merge rooms, groups, and individuals engaged in record management and archival work to establish the Record Management - Archival Department and the Provincial Archive Center.

1.1. The Record Management - Archival Department

1.1.1. Functions

The Record Management - Archival Department under the provincial people's committee office has the function of assisting the Director of the Office in advising the Chairman of the provincial people's committee on managing and organizing the implementation of record management and archival work of the province.

1.1.2. Tasks and Authorities

1.1.2.1. Assist the Director of the Office in drafting long-term, short-term, and annual plans on record management and archival work of the province and guide the organization to implement them upon approval by the competent authority;

1.1.2.2. Based on legal documents on record management and archival work and guidance from the National Archives and Records Management Agency under the Ministry of Home Affairs, draft documents to be submitted by the Director of the provincial people's committee office for approval by the provincial people's committee to guide the implementation of systems and regulations on record management and archival work in the province.

1.1.2.3. Assist the Director of the People's Committee Office at the provincial level in presenting to the People's Committee at the provincial level for approval the plan to organize and implement and supervise the implementation of regulations concerning archival work and record management for agencies and organizations under the People's Committee at the provincial level; agencies and organizations with documents that are sources for submission to the provincial archives and the People's Committees at the district level;

1.1.2.4. Assist the Director of the People's Committee Office at the provincial level in drafting plans to be presented to the People's Committee at the provincial level for directing the research and application of science and technology in archival work and record management; coordinate with relevant state agencies at both the national and provincial levels to organize training and professional development for staff involved in archival work and record management;

1.1.2.5. Assist the Director of the People's Committee Office at the provincial level in coordinating with the provincial inspectorate to handle complaints and grievances and address violations of laws related to archival work and record management;

1.1.2.6. Organize the implementation of statistics and statistical reports on archival work and record management as prescribed;

1.1.2.7. Organize the implementation of the duties of office records as stipulated in Clause 2, Article 29 of Decree No. 110/2004/NĐ-CP dated April 8, 2004 of the Government on archival work;

1.1.2.8. Organize the implementation of current archival duties of the People's Committee Office at the provincial level;

1.1.2.9. Specific tasks of the Records and Archives Department shall be defined by the Director of the People's Committee Office at the provincial level;

1.1.3. Organization and staffing

The Records and Archives Department has a Head, Deputy Heads, and some professional staff. The Head and Deputy Heads are appointed according to the current regulations of the People's Committee at the provincial level. The staffing of the Records and Archives Department is determined by the Director of the People's Committee Office at the provincial level within the total staffing of the Office;

Staff members of the Records and Archives Department must meet the professional standards for the civil servant rank in archival work and record management as prescribed by law;

1.2. Provincial Archive Center

1.2.1. Functions

The Provincial Archive Center under the People's Committee Office at the provincial level has the function of historical archiving; the Center is a public service entity with legal personality, seal, and bank account as prescribed by law;

1.2.2. Duties and powers

1.2.2.1 Draft long-term, short-term, and annual plans for archival materials to be submitted to the Director of the People's Committee Office at the provincial level and competent authorities for approval; organize the implementation of collecting, organizing, assessing value, preserving, and utilizing archival materials of the province;

1.2.2.2 Implement statistics, statistical reports, and on archival materials;

1.2.2.3 Provide certain public services in archival work as prescribed by law;

1.2.2.4 Manage finances and assets according to the regulations of the People's Committee Office at the provincial level;

1.2.2.5 Perform other tasks of the Provincial Archive Center as prescribed by the Director of the People's Committee Office at the provincial level;

1.2.3. Organization and staffing

1.2.3.1 The Provincial Archive Center has a Director, Deputy Directors, and some professional staff. The Director and Deputy Directors of the Provincial Archive Center are appointed by the Chairman of the People's Committee at the provincial level upon the recommendation of the Director of the People's Committee Office at the provincial level and the Director of the Center (for Deputy Director appointments);

1.2.3.2 Based on the workload in archival work of the province, the People's Committee at the provincial level decides specifically on the organizational structure and number of specialized departments of the Provincial Archive Center under the People's Committee Office at the provincial level but must include:

- Professional Department;

- Administrative and Management Department;

- Storage Room;

Specific functions and duties of these departments and the Storage Room are defined by the Director of the Center upon presentation to the Director of the People's Committee Office at the provincial level;

1.2.4. The staffing of the Provincial Archive Center is public service staffing decided by the Chairman of the People's Committee at the provincial level within the total public service staffing of the province;

1.2.5. Staff members of the Provincial Archive Center must meet the professional standards for the civil servant rank in archival work and record management as prescribed by law;

2. At specialized agencies and organizations with legal personality, seals, and bank accounts under the People's Committee at the provincial level

2.1. At specialized agencies and organizations with legal personality, seals, and bank accounts under the People's Committee at the provincial level, there are dedicated units responsible for archival work and record management;

2.2. The specific functions, duties, powers, and staffing of dedicated units for archival work and record management at specialized agencies and organizations with legal personality, seals, and bank accounts under the People's Committee at the provincial level are defined by the heads of those agencies following guidelines from the People's Committee at the provincial level and relevant laws;

2.3. Staff members engaged in archival work and record management at specialized agencies and organizations under the People's Committee at the provincial level must meet the professional standards as prescribed by law;

3. At People's Committees at the district, town, city, and provincial city levels

3.1. At the People's Committee Office at the district, town, city, and provincial city levels (hereinafter referred to collectively as the district), there is a dedicated records and archives unit responsible for organizing and managing archival work and record management for specialized agencies and organizations under the district and for the People's Committees at the commune level; collecting, organizing, preserving, and serving the utilization of archival materials in the district's historical archive storage room; performing current archival duties at the People's Committee Office at the district level;

3.2. The specific functions and duties of the records and archives unit are defined by the Director of the People's Committee Office at the district level following guidelines from the People's Committee Office at the provincial level and relevant laws;

3.3. The staffing of the records and archives unit is decided by the Chairman of the People's Committee at the district level within their authority within the total administrative and public service staffing of the district;

3.4. In specialized departments directly under the People's Committee at the district level, staff members concurrently perform archival work and record management duties.

3.5. Officials, civil servants, and employees engaged in archival work at the People's Committee Office of the district and officials, civil servants, and employees concurrently performing archival work at specialized departments under the district People's Committee must meet the professional standards for the clerical rank of archival civil servant as prescribed by Law.

4. At the People's Committee of commune, ward, town (collectively referred to as commune)

4.1. At the People's Committee of commune, ward, town (collectively referred to as commune), there shall be a department engaged in current archival work and a clerical staff member responsible for statistics shall be assigned to manage archival work.

4.2. Officials and civil servants at the commune level concurrently performing archival work must follow the professional guidance provided by the People's Committee Office of the province and district, and shall be accountable to the commune People's Committee for the management and organization of archival work.

4.3. Officials and civil servants at the commune level concurrently performing archival work must meet the professional standards as prescribed by law.

III. IMPLEMENTATION

1. This Circular replaces Circular No. 40/1998/TT-TCCP dated January 24, 1998, issued by the Government Organizational and Cadre Affairs Board (now the Ministry of Home Affairs) and shall take effect fifteen days after its publication in the Official Gazette.

2. The Minister, Heads of Ministries equivalent to Ministries, Heads of agencies under the Government; People's Committees of provinces and centrally governed cities, Heads of agencies and organizations shall base their specific regulations on the functions, tasks, powers, and organizational structure of archival bodies according to their authority, and direct and supervise the implementation of legal provisions on archival work based on this Circular.

3. In the course of implementing this Circular, if any difficulties arise, they should be reported to the Ministry of Home Affairs for consideration and resolution.