Circular No. 24/2013/TT-BCT stipulates on the list, management, and use of documents related to nuclear power plants

CIRCULAR

Regulations on the list, management, and use of files and documents related to nuclear power plants

 related to nuclear power plants

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Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Atomic Energy Law No. 18/2008/QH12 dated June 3, 2008;

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

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

Pursuant to Decree No. 70/2010/NĐ-CP dated June 22, 2010 of the Government detailing and guiding the implementation of certain provisions of the Atomic Energy Law regarding nuclear power plants;

At the proposal of the Director General of the National Energy Agency;

The Minister of Industry and Trade issues this Circular on the list, management, and use of files and documents related to nuclear power plants as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. Scope of Regulation This Circular stipulates the list of files and documents, retention periods, management, and use of files and documents related to the investment construction, operation, decommissioning, and dismantling of nuclear power plants.

Article 2. Applicability This Circular applies to organizations and individuals involved in the management and use of files and documents concerning the investment construction, operation, decommissioning, and dismantling of nuclear power plants.

Article 2. Interpretation of Terms

In this Circular, the following terms shall be understood as follows:

Point 1. Documents related to nuclear power plants (hereinafter referred to as documents) are carriers of information formed during the investment construction, operation, decommissioning, and dismantling of nuclear power plants.

Point 2. Files related to nuclear power plants (hereinafter referred to as files) are a set of related documents about a specific issue, event, or object, or with common characteristics, formed during the monitoring and resolution of matters related to the investment construction, operation, decommissioning, and dismantling of nuclear power plants.

Point 3. The retention period for files and documents related to nuclear power plants is the duration for keeping such files and documents from the year they are submitted for storage.

Article 3. Protection of State Secrets for Files and Documents

The storage, preservation, and use of files and documents related to nuclear power plants shall be carried out in accordance with current laws on the protection of state secrets.

Article 4. Responsibilities for Management and Use of Files and Documents

Clause 1. The head of the agency or organization managing and using files and documents related to the investment construction, operation, decommissioning, and dismantling of nuclear power plants (hereinafter referred to as the agency or organization) is responsible for directing the management and use of files and documents related to nuclear power plants in accordance with the law on archives.

Clause 2. Personnel responsible for storing files and documents related to nuclear power plants are responsible for performing archival duties in accordance with the law on archives.

Chapter II

 ESTABLISHING FILES AND HANDLING THE TRANSFER OF FILES AND DOCUMENTS

Article 5. List of Categories and Retention Periods for Files and Documents

Clause 1. The list of categories and retention periods for files and documents related to nuclear power plants is a list of file and document categories with specified retention periods.

Clause 2. The list of categories and retention periods for files and documents prescribed in the Appendix accompanying this Circular includes the following categories of files and documents:

a) Category 1. Files and documents formed during the investment construction of nuclear power plants;

b) Category 2. Files and documents formed during the operation of nuclear power plants;

c) Category 3. Files and documents related to the decommissioning and dismantling of nuclear power plants.

Article 6. Establishing files and transferring, receiving files and documents

1. Documents related to nuclear power plants as specified in the Appendix issued together with this Circular must be classified, filed, managed, stored, and preserved according to archival practices.

2. Each individual responsible for monitoring and resolving tasks shall implement regulations on collecting, filing relevant tasks, submitting files to the agency's archives, and updating all documents formed during the monitoring and resolution process into corresponding files.

3. During the file establishment process, draft versions and rough copies of related files must be destroyed; each individual must prepare a list of copies and duplicate documents of related files to submit to the organization's head for decision.

4. In cases where individuals involved with files and documents retire, receive social insurance benefits, resign, or transfer to other positions, they must hand over files and documents to the organization or successor. Handover files and documents must be recorded and a handover receipt prepared.

5. Organizations and individuals when transferring, receiving files and documents must establish two (02) copies of the File Contents List for submission to storage and two (02) copies of the Receipt for Transfer and Acceptance of Files and Documents of equal value, signed for confirmation, each party keeping one copy of each type.

6. Files and documents not yet due for submission for storage shall be self-managed by individuals or organizations and must ensure safety and confidentiality of information for files and documents as prescribed.

7. The deadline for submitting files and documents to agency storage shall be implemented in accordance with Article 11 of the Archives Law dated November 11, 2011.

Chapter III

MANAGEMENT AND USE OF STORED FILES AND DOCUMENTS

Article 7. Preservation of stored files and documents

1. Organizations managing and operating nuclear power plants must have an agency archive department.

2. Storage rooms must be equipped with necessary equipment and facilities to ensure safety for files and documents; implement fire prevention, explosion prevention, and disaster prevention measures for storage rooms and stored documents.

3. Files and documents must be centrally stored, safely preserved intact in the agency's storage room, used for their intended purpose, received and transferred in accordance with regulations.

4. Techniques for preserving stored files and documents shall be carried out in accordance with regulations and guidelines of the Ministry of Home Affairs.

5. Agencies and organizations are responsible for periodically inspecting and ensuring the safety of the file and document management system.

Article 8. Determining value and destroying stored files and documents

1. For files and documents that have exceeded their preservation period, the agency or organization's head shall review and re-evaluate, if necessary extending the preservation period.

2. If there are files and documents not specified in the Catalogue of Categories and Preservation Periods of Files and Documents and legal provisions on archives, the agency or organization's head may apply the preservation periods of similar categories of files and documents as stipulated in the Appendices issued together with this Circular to determine the value of files and documents.

3. Stored files and documents that have lost their value shall be destroyed in accordance with current regulations.

Article 9. Management of electronic stored documents

1. Electronic stored files and documents related to nuclear power plants must be managed, exploited, and used like other electronic stored files and documents in accordance with legal provisions on archives.

2. Electronic stored files and documents related to nuclear power plants must be preserved on at least two independent data storage devices.

Article 10. Utilization of archival files and documents

1. The head of the agency or organization with the authority to permit the exploitation and utilization of files and documents preserved at the agency's archive shall do so in accordance with the laws on archives.

2. Individuals exploiting and utilizing archival files and documents must have an introduction letter or a document from their organization specifying the name of the file or document to be used, the duration of use, and the purpose of utilization.

3. Organizations and individuals managing and utilizing archival files and documents must ensure the safety of the documents and comply with the provisions of this Circular and related laws.

4. Organizations and individuals utilizing archival files and documents are responsible for the use of information in accordance with the law.

Article 11. Budget for archival work

1. The budget for the archival work of state administrative agencies and public institutions is allocated annually in the state budget estimate and is used for relevant activities in accordance with current regulations.

2. The budget for the archival work of organizations managing and operating nuclear power plants and related enterprises is arranged by the units themselves and accounted for in the operational costs of the unit or organization.

Chapter IV

Article 30. IMPLEMENTATION AND ORGANIZATION OF IMPLEMENTATION

Article 12. Implementation Provisions

This Circular takes effect from December 5, 2013.

Article 13. Implementation Organization

1. In the course of implementation, if there are difficulties or issues arising, organizations and individuals shall promptly report in writing to the Ministry of Industry and Trade for appropriate amendments and supplements.

2. Ministries, ministerial-level agencies, government agencies, provincial people's committees under the central government that have nuclear power plants, and agencies and organizations involved in the preparation for investment, construction, operation, termination of operations, and decommissioning of nuclear power plants are responsible for disseminating, guiding, and supervising the implementation of this Circular./.