Decision No. 28/2005/QD-BYT on Issuing the "Regulation on Archival Work of the Ministry of Health"

DECISION OF THE MINISTER OF HEALTH

Regarding the Issuance of the "Regulation on Secretarial Work of the Ministry of Health"

 

THE MINISTER OF HEALTH

 

Pursuant to Decree No. 49/2003/NĐ-CP dated May 15, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to the Law on Legislative Documents dated November 12, 1996 and the Law Amending and Supplementing Certain Provisions of the Law on Legislative Documents dated December 16, 2002;

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

Pursuant to Decree No. 58/2001/NĐ-CP dated August 24, 2001 of the Government on management and use of seals;

Pursuant to Circular Joint No. 55/2005/TTLT-BNV-VPCP dated May 6, 2005 of the Ministry of Home Affairs and the Office of the Government guiding the format and technical presentation of documents;

Considering the proposal of the Director of the General Office and the Director of the Legal Department of the Ministry of Health,

 

DECISION:

 

Article 1. The attached Decision hereby issues the "Regulation on Secretarial Work of the Ministry of Health".

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decision No. 2508/1999/QĐ-BYT dated August 19, 1999 of the Minister of Health regarding the issuance of the "Provisions on Secretarial Work at the Ministry of Health's Agency".

Article 3. All Directors of Departments, Heads of Bureaus, Directors of the General Office, and Heads of the Inspectorate of the Ministry of Health shall be responsible for implementing this Decision.

 

REGULATIONS

 

Secretarial Work of the Ministry of Health

(Issued together with Decision No.: 28/2005/QĐ-BYT dated September 23, 2005)

of the Minister of Health)

PART I

GENERAL PROVISIONS

Article 1. Scope and objects regulated

This Regulation stipulates the principles, procedures, and formalities for drafting, issuing, managing documents and other materials formed during the operation of departments, bureaus, the General Office, and the Inspectorate of the Ministry of Health, as well as the management and use of seals in secretarial work.

Article 2. Responsibilities for Managing and Implementing Secretarial Work

1. The Minister of Health shall uniformly manage secretarial work, direct the research and application of science and technology in secretarial work of the agency and subordinate units under the Ministry of Health.

2. The Director of the General Office shall be responsible for assisting the Minister in directing secretarial work at the agency and subordinate units under the Ministry and directly organizing the implementation of secretarial work at the Ministry of Health.

3. Leaders of departments, bureaus, the General Office, and the Inspectorate shall be responsible for directing the implementation of secretarial work within their respective units.

4. Every individual involved in monitoring and handling matters related to secretarial work must strictly comply with this regulation and other legal provisions concerning secretarial work.

Article 3. Organization and Tasks of Secretarial Work of the Ministry of Health

The Administrative Department is the primary unit for receiving and processing incoming and outgoing correspondence, managing and using seals, and performing other tasks related to secretarial work.

Article 4. Secretarial Staff

Secretarial staff must meet the following professional standards:

1. Graduated from a university or college specializing in secretarial work or archives.

2. If secretarial staff are concurrently appointed, they must thoroughly understand and strictly adhere to the provisions of this regulation.

Article 5. Budget for Secretarial Activities

The budget for equipping specialized equipment and organizing professional activities according to the requirements of secretarial work shall be proposed by the Director of the General Office.

Article 6. Protection of State Secrets in Secretarial Work

All activities in secretarial work at the Ministry of Health must be carried out in accordance with current laws on protecting state secrets and health sector secrets.

Chapter II

SECRETARIAL WORK

Section 1

DRAFTING AND ISSUING DOCUMENTS

Article 7. Forms of Documents

There are two forms of documents: regulatory legal documents and administrative documents:

1. The form of regulatory legal documents on health under the authority to issue of the Minister of Health includes: decisions, directives, circulars, joint circulars, joint resolutions.

2. The form of administrative documents includes: decisions (individual), directives (individual), notifications, programs, plans, projects, reports, minutes, proposals, contracts, official letters, telegrams, certificates, leave papers, authorization papers, invitation papers, introduction papers, travel permits, receipt papers for files, delivery slips, transfer slips.

Article 8. Format of Documents

The format of documents shall be implemented according to the provisions of Circular No. 55/2005/TTLT-BNV-VPCP dated May 6, 2005 of the Ministry of Home Affairs - Office of the Government guiding the format and presentation techniques of documents and Appendices III, IV, V, VI attached to this Regulation.

Article 9. Drafting Documents

1. The drafting of regulatory legal documents shall be carried out according to Decision No. 4278/2004/QĐ-BYT dated December 1, 2004 of the Minister of Health on issuing the regulation on construction, issuance, and implementation of regulatory legal documents on health.

2. The drafting of other documents is regulated as follows:

a) Based on the nature and content of the document to be drafted, the head of units assigns individuals or a group to draft or to lead the drafting.

b) The unit or individual responsible shall perform the following tasks:

- Determine the form, content, and level of confidentiality and urgency of the document to be drafted;

- Collect and process related information;

- Draft the document;

- In case of necessity, propose to the head of the unit to seek opinions from relevant units or individuals; study and incorporate opinions to perfect the draft;

- Submit the draft document for review along with related documents;

- The draft must follow the prescribed model, ensuring clarity, readability, and compliance with the document format.

Article 10. Reviewing Drafts, Amending and Supplementing Approved Drafts

1. The draft document must be reviewed by the person authorized to sign the document.

2. In cases where amendments or supplements to approved drafts are necessary, they must be submitted for consideration and decision by the person who reviewed and signed them.

Article 11. Typing and Reproducing

Typing and reproducing must ensure the following requirements:

1. Type the original draft accurately, in accordance with the document format and presentation techniques. In case of errors or unclear points in the draft, the typist must ask the drafting unit or individual or the person who reviewed the draft.

2. Reproduce the correct number of copies as specified.

3. Maintain the confidentiality of the document's content and carry out typing and reproduction strictly according to the prescribed time.

Article 12. Checking Documents Before Issuance

1. The head of the unit or the individual leading the drafting of the document must check and be responsible for the accuracy of the content of the document.

2. For documents signed by department leaders, the staff assigned to draft the document must sign their initials at the end of the document's content.

3. For documents signed by the Minister, the department leader assigned to prepare the document must sign their initials on the right side of the position of the signing person before submitting for signature.

4. Regulatory legal documents when submitted for issuance shall be carried out according to Clause 1 of Article 21 of the Regulation on Construction, Issuance, and Implementation of Regulatory Legal Documents on Health (Annexed to Decision No. 4278/2004/QĐ-BYT dated December 1, 2004 of the Minister of Health).

5. Only departments, bureaus, the Office, and the Inspectorate are permitted to submit documents for the Minister's signature and affixing the seal of the Ministry of Health.

6. When submitting documents for the Minister's signature, all related files and documents must be prepared fully.

7. Documents submitted to the Minister must be recorded in the tracking logbook transferred to the Administrative Department according to the prescribed procedure.

8. Secretaries of the Minister have the responsibility to check the content of the document before submitting it to the Minister, ensuring that the document format complies with the regulations set forth in this Regulation.

9. Documents sent to higher authorities must be directly signed by the Minister (not photocopied signatures).

10. When submitting confidential documents to the Minister, the submitting unit must place them in sealed envelopes, marked with the unit's number outside for tracking, and write the name of the Minister to whom the document is addressed for direct opening. Upon return, they must also be sealed and handed over to the Administrative Department (outgoing correspondence) for receipt and return.

Article 13. Signing Documents

1. The person signing the document shall be responsible for the document they sign.

2. The Minister signs legal normative documents, documents sent to higher authorities, and documents concerning important matters of the sector. In certain specific cases, the Minister may delegate the Deputy Minister to sign on their behalf the aforementioned documents.

3. The Deputy Minister signs on behalf of the Minister documents within the scope of the field assigned by the Minister.

4. In some cases, the Minister may authorize department-level officials to sign certain documents under delegated authority. Delegation of signing authority must be stipulated in writing and limited to a specific period. The person authorized to sign may not further delegate this authority to another person.

5. The Minister delegates the Heads of Departments, Inspectorates, Office, and other units to sign certain types of documents according to their assigned functions and tasks.

6. The Ministry's leadership signs letters of introduction for the Heads of Departments, Inspectorates, Office, and staff members tasked with resolving important issues.

7. The Heads of Departments, Inspectorates, Office sign letters of introduction for their unit's staff members (including recruited and contractual staff) within the scope of their assigned responsibilities. Letters of introduction must clearly state the work content and must be registered in the Administrative Affairs Department's logbook.

8. When signing documents, pencils, red ink, or any other easily fading ink shall not be used.

9. Academic titles, degrees, and other honorary titles of the signer shall not be recorded.

Article 14. Copies of Documents

1. Forms of document copies include: "True Copy", "Extracted Copy", and "Duplicate":

a) "True Copy" is a complete and accurate copy of the document's content presented in the prescribed format (see Appendix IV). A true copy must be made from the original document.

b) "Duplicate" is a complete and accurate copy of the document made from a true copy and presented in the prescribed format.

c) "Extracted Copy" is a partial copy of the document's content presented in the prescribed format. An extracted copy must be made from the original document.

2. True copies, extracted copies, and duplicates have the same legal value as the original.

3. Photocopies stamped and signed by the original document only have informational and reference value.

4. The Heads of Departments, Inspectorates, Office shall make copies and reproduce documents according to the receiving place within the scope of their assigned functions, tasks, and fields.

Section 2

MANAGEMENT OF DOCUMENTS

Article 15. Procedure for Managing Incoming Documents

All incoming documents, including personal letters sent to the agency (hereinafter referred to as incoming documents), must be managed according to the following procedure:

1. Receiving and registering incoming documents.

2. Presenting and transferring incoming documents.

3. Processing, monitoring, and urging the processing of incoming documents.

Article 16. Receiving and Registering Incoming Documents

1. Incoming documents must go through the Administrative Affairs Department to complete the receipt and registration procedures. Incoming documents received on a given day must be registered and transferred on that day, at the latest on the next working day, urgent documents marked "urgent", "very urgent", and "immediate" (hereinafter collectively referred to as urgent documents) must be registered, presented, and transferred immediately upon receipt.

2. Confidential documents must be registered and managed according to the provisions of Article 9 of Decision No. 14/2005/QĐ-BYT dated April 12, 2005, issued by the Minister of Health on the promulgation of regulations on protecting secrets in the health sector.

3. Incoming documents are classified and registered at the archives office as follows:

a) Documents from Ministries, sectors, and higher-level agencies;

b) Documents from subordinate units, Provincial Health Departments, and other agencies;

c) Letters and petitions;

d) Express delivery documents;

e) Confidential documents.

Article 17. Registration and Transfer of Documents

1. The Administrative Department must promptly register and transfer incoming documents to the bureaus, inspectorates, Office, and leadership of the Ministry upon receipt. Urgent documents must be registered and transferred immediately upon receipt.

2. The Head of the Administrative Department shall submit incoming documents related to the functions and responsibilities of the units under their charge to the Office Director and relevant bureaus and inspectorates.

3. The Office Director shall open and process classified documents marked "Confidential," "Top Secret," and "Absolutely Top Secret."

4. For documents clearly marked "only the named recipient may open," the Administrative Department must deliver them intact in their envelope to the designated recipient.

5. Incoming urgent documents received outside regular working hours, on holidays, or during Tet must be signed for by the security guard and reported immediately to the Office Leadership for handling.

6. Document transfers must ensure accuracy and strictly maintain confidentiality of the document's contents, with confirmation signatures in the document transfer logbook.

Article 18. Handling, Monitoring, and Urging Resolution of Incoming Documents

1. Unit leaders are responsible for directing timely resolution of incoming documents within their assigned areas of responsibility and coordinating with other bureaus to resolve documents related to other units in a timely manner.

2. Upon receiving incoming documents, units must present them to the Bureau Leader for review, resolution, and opinion, then transfer them to the responsible staff member, at the latest, one working day after receipt. If the document does not fall within their functional scope, it must be returned to the Administrative Department for reassignment to another unit as soon as possible.

3. After receiving a document, Bureau Leaders must base their actions on the nature of the work, set deadlines for completion, and if the deadline is exceeded without resolution, the responsible staff member must report the reasons to the Bureau Leader and request an extension, while informing related units or individuals to extend the resolution time. For tasks with deadlines set by the Ministry Leadership, they must be adhered to strictly. Complaints and accusations must be handled according to the Citizen Complaints and Accusations Ordinance.

4. The Office Director is responsible for:

a) Reviewing all incoming documents and reporting important and urgent ones;

b) Categorizing incoming documents for respective units and individuals to handle;

c) Monitoring and urging the resolution of incoming documents.

5. Central Party, National Assembly, and Government documents, after being presented and resolved, shall be stored at the Secretary's office of the Ministry Leadership.

Article 19. Procedures for Managing Outgoing Documents

All outgoing documents issued by the Ministry of Health (hereinafter referred to as outgoing documents) must be managed according to the following procedures:

1. The individual tasked with managing and using the seal must check the format of the document before stamping it. If there are errors in the format, the document will not be stamped; instead, the relevant units will be asked to correct the errors before stamping and issuing it.

2. Documents intended for internal communication, information dissemination, or soliciting opinions within the Ministry's scope shall not bear the Ministry's seal.

3. Register outgoing documents in the document logbook; record the number, date, month, and year on the outgoing document. Outgoing documents are categorized and registered as follows:

a) Legal normative documents (decisions, circulars, directives, joint circulars, joint resolutions);

b) Individual decisions, individual directives;

c) Official letters, telegrams;

d) Notifications, programs, plans, proposals, reports, minutes, submissions, contracts, certificates, authorization letters, transfer forms, receipt forms;

đ) Invitations;

e) Letters of introduction;

g) Confidential documents.

4. Stamp the agency and urgency level (if applicable).

5. Process and track the dispatch and delivery of outgoing documents.

6. Archive outgoing documents.

Article 20. Dispatching Documents

1. Documents that have completed the clerical procedures must be dispatched on the same day, at the latest by the next working day; urgent documents must be dispatched immediately after signing.

2. Dispatched documents may be sent to the recipient via fax or the Internet for quick information transmission, but the original must still be issued through the clerical channel.

3. When obtaining the dispatch number for regulatory documents, the drafting unit must submit the document file along with it. The Administrative Affairs Department is responsible for uploading the document file onto the Ministry of Health's network.

4. Confidential documents must be dispatched in accordance with Article 8, Chapter III of Decision No. 14/2005/QĐ-BYT dated April 12, 2005, of the Minister of Health on the issuance of regulations on protecting secrets in the health sector.

5. When units or individuals receive documents at the Administrative Affairs Department, they must sign for receipt in the clerical tracking logbook. Individuals outside the agency are not permitted to request stamps on documents issued by the Ministry of Health at the Administrative Affairs Department.

Article 21. Retaining Dispatched Documents

1. Each dispatched document must retain two originals: one retained at the Ministry’s clerical office, and one retained in the file of the unit handling the document. The original retained at the Ministry’s clerical office must bear the signature stamp of the drafting unit or individual.

2. Dispatched documents retained at the clerical office shall be arranged according to registration order.

Section 3

MANAGEMENT AND USE OF STAMPS IN CLERICAL WORK

Article 22. Management and Use of Stamps

1. The management and use of stamps in clerical work shall be carried out in accordance with Decree No. 58/2001/NĐ-CP dated August 24, 2001 on the management and use of stamps; Point 2, Section III of Circular Joint No. 07/2002/TT-LT dated May 6, 2002 of the Ministry of Public Security - Government Organizational Cadre Department guiding the implementation of certain provisions of Decree No. 58/2001/NĐ-CP dated August 24, 2001 of the Government on the management and use of stamps, and the provisions of this Regulation.

2. The stamp of the agency shall be entrusted to the clerical staff for safekeeping and affixing at the agency. The clerical staff shall be responsible for implementing the following provisions:

a) Not to hand over the stamp to another person without written permission from the authorized authority;

b) To personally affix the stamp on the agency's documents and papers;

c) To only affix the stamp on documents and papers after they have been signed by the authorized person;

d) Not to affix a blank stamp.

3. The use of the Ministry's stamp and the Office's stamp is regulated as follows:

a) Documents stamped by the Ministry are those signed by the Minister; Deputy Ministers signing in lieu of the Minister (KT.); Leaders of departments, the Office, and the Inspectorate signing under the Minister's instructions (TL.); In specific cases, leaders of bureaus may sign under the Minister's instructions (TL.);

b) Documents stamped by the Office within its functions, tasks, powers are those signed by the Director of the Office; Deputy Directors of the Office signing in lieu of the Director. The Head of the Administrative Affairs Department may sign under the Director's instructions and affix the Office's stamp on the following documents:

- Travel permits (only issue permits);

- Certified true copies of documents signed by department, bureau leaders, the Inspectorate, and the Office; certificates and diplomas of civil servants, employees belonging to the Ministry of Health's agencies;

- Confirmation of receipt of postal items, parcels, and money of civil servants, employees belonging to the Ministry of Health's agencies.

4. The Minister's signature stamp may only be used to affix commemorative medals "for people's health"; Certificates of Merit of the Minister of Health and certificates of grassroots and sector-level model workers in the health sector, as stipulated in Decision No. 199/2003/QĐ-BYT dated January 15, 2003 of the Minister of Health.

Article 23. Stamping

1. The stamp must be clear, neat, correctly oriented, and applied with bright red ink as prescribed.

2. When stamping over a signature, the stamp must cover approximately one-third of the signature towards the left side.

3. The decision to stamp on the annexes accompanying the main document is made by the person signing the document, and the stamp shall be placed on the first page, covering part of the name of the organization or the name of the annex.

4. The decision to stamp across the seam on the document is made by the person signing the document, and the seam stamp shall cover all pages of the document./.