Circular No. 22/2021/TT-NHNN on the retention period for records and documents formed in the activities of the State Bank of Vietnam

CIRCULAR

Regulations on the retention period for files and records generated in activities

of the State Bank of Vietnam

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 Government Decree No. 16/2017/NĐ-CP dated February 17, 2017 on the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

Pursuant to Decree No. 30/2020/NĐ-CP dated March 5, 2020 of the Government on archival work;

At the proposal of the Director of the Office of the State Bank of Vietnam;

The Governor of the State Bank of Vietnam shall issue a Circular to regulate the retention period for files and records generated in the activities of the State Bank of Vietnam.

Article 1. Scope of Regulation

This Circular stipulates the retention periods for files and records generated in the activities of the State Bank of Vietnam.

Article 2. Applicability

This Circular applies to units and officials, civil servants, and employees under the State Bank of Vietnam (hereinafter referred to as the State Bank); organizations and individuals performing tasks related to the storage of the State Bank's files and records.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Retention period for files and records is the necessary time required to keep files and records from the year the work concludes.

2. Permanently retained records are records with significance and value that are not dependent on time.

3. Records with a specified retention period are records not falling within the provisions of Clause 2 of this Article and are determined by a specific number of years less than 70 years.

4. Determining the value of recordsis the process of evaluating the value of records according to principles, methods, and standards prescribed in the Law on Archives to identify records with archival value, retention periods, and records without value.

5. Basic file set is a collection of legal normative documents and guidance documents on specific aspects of business operations used as legal bases and references when handling matters of the State Bank.

6. Files and records generated in the activities of the State Bank of Vietnam include paper files and records and electronic files and records formed in accordance with regulations on electronic documents and metadata.

7. Retention schedule for files and records is a comprehensive list of categories of files and records with instructions on retention periods.

Article 4. Retention Schedule for Files and Records

1. The Retention Schedule for Files and Records (referred to as the Retention Schedule) accompanying this Circular is issued.

2. The files and records in the Retention Schedule are classified into groups based on areas of activity and corresponding issues, including retention periods, as follows:

Group 1: Comprehensive files and records

Group 2: Files and records on organization, personnel, training

Group 3: Files and records on monetary policy

Group 4: Files and records on foreign exchange management

Group 5: Files and records on payment management

Group 6: Files and records on credit management

Group 7: Files and records on forecasting and statistics

Group 8: Files and records on monetary and financial stability

Group 9: Files and records on money market operations, foreign exchange reserves, mandatory reserves, agency relationships with foreign partners

Group 10: Files and records on issuance and vault operations

Group 11: Files and records on inspection, supervision, complaint resolution, anti-corruption

Group 12: Files and records on anti-money laundering and terrorist financing activities

Group 13: Files and records on finance and accounting

Group 14: Files and records on investment and construction

Group 15: Files and records on auditing and internal control

Group 16: Files and records on legal affairs

Group 17: Files and records on international cooperation

Group 18: Files and records on commendation and reward activities

Group 19: Files and records on communication and press activities

Group 20: Files and records on administrative, clerical, and archival activities

Group 21: Files and records on office management activities

Group 22: Files and records on credit information activities

Group 23: Files and records on state-owned enterprise management

Group 24: Files and records on scientific research

Group 25: Files and records on information technology

Group 26: Files and records on education

Group 27: Files and records of the Party Cadre Committee, Party organizations, Trade Union, Youth League

Article 5. Determining the retention period for records and documents

1. The level of determining the retention period for each record and document shall not be lower than the level prescribed in this Circular and relevant laws.

2. In cases where new records and documents not included in the Retention Period Table for Records and Documents arise, units shall base on the retention periods of corresponding groups of records and documents in the Retention Period Table for Records and Documents stipulated in this Circular to determine them.

3. When selecting materials for submission to Historical Archives, the completeness of the collection (archive) of materials must be considered, while also paying attention to historical phases and points to potentially increase the retention period of records and documents above the prescribed level.

Article 6. Using the Retention Period Table for Records and Documents

1. The Retention Period Table for Records and Documents is used to determine the retention period for records and documents formed during the activities of the State Bank.

2. Records and documents formed during the activities of the State Bank are retained at two levels: Permanent retention and limited-term retention, as follows:

a) Permanent retention: Records and documents at this level are stored in the agency's archives and then selected to be submitted to Historical Archives when the time limit prescribed by law on archives management arrives;

b) Limited-term retention: Records and documents at this level are stored in the agency's archives until the end of their retention period, after which they will be statistically reviewed by the Appraisal Board of the agency or unit to reassess and decide whether to continue retaining them (extend the retention period) or remove them for destruction. Destruction of expired documents is carried out according to the regulations of the State and the State Bank on archives management.

3. For records and documents currently being stored in the agency's archives but not listed in the Retention Period Table for Records and Documents in this Circular, they shall continue to be retained according to the previously determined period before the issuance of this Circular until the Appraisal Board of the agency reviews and reassesses them.

, Clause 1, Clause 2 Article 7a of this Regulation.. Implementation Provisions

1. This Circular takes effect from February 15, 2022.

2. Circular No. 43/2011/TT-NHNN dated December 20, 2011, issued by the Governor of the State Bank of Vietnam, prescribing the retention period for records and documents in the banking sector, ceases to be effective from the date this Circular takes effect.

Article 8. Implementation

The Director of the Office, Heads of units under the State Bank, and related organizations and individuals are responsible for implementing this Circular./.