Law on Archives No. 33/2024/QH15

LAW

STORAGE

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Archives Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the management of archival documents and archival data bases; archival operations; special value archival documents and the promotion of archival document values; private archives; archival service activities and state management of archives.

Article 2. Interpretation of Terms

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

1. Archiving is the activity of preserving documents to maintain and promote the values of archival documents, serving the cause of building and defending the country, ensuring citizens' right to access information.

2. Event-based Surveillance Monitoring Guide is information attached to a carrier with content and form that does not change when the carrier is changed. Documents include paper documents, documents on other carriers, and electronic documents.

3. Paper documents, documents on other carriers are documents created on paper or other carriers.

4. Electronic documents are documents created in the form of data messages.

5. Archival documents are documents formed in the activities of agencies, organizations, individuals, families, clans, communities under various political and social systems, stored according to this Law and related laws.

6. Copy of archival documents is a photograph, printout, digitalization, or extraction of the original full or partial content from archival documents.

7. Archive collection is the entire set of archival documents formed during the operation of agencies, organizations, individuals, families, clans, communities with systematic and historical relationships.

8. Current archive is the unit or department responsible for archiving documents of agencies and organizations.

9. Historical archive is the agency responsible for archiving permanently received archival documents from agencies, organizations, and other archival documents according to the law.

10. Archival operations are the activities of determining value, collecting, preserving, statistics, digitizing, creating databases, and organizing the use of archival documents.

11. Metadata of archival documents is data containing basic information to describe archival documents and their characteristics, serving as a basis for referencing, synchronization between different archival document databases or datasets.

12. Archival document database is a set of metadata of archival documents organized for access, exploitation, sharing, management, and updating through electronic means.

13. Specialized archive storage is the physical infrastructure, technological and technical facilities for preserving archival documents and performing other archival operations and promoting archival document values.

14. Private archives are archives of individuals, families, clans, communities, and organizations that are not mass organizations assigned tasks by the Party and State.

Article 3. Application of the Archives Law and related laws

1. The archiving of documents belonging to the National Archives Collection of Vietnam and private archival documents of special value must comply with the provisions of this Law, except as provided in Clauses 2 and 3 of this Article.

2. In cases where archival documents are recognized as national treasures or listed in other forms according to the Cultural Heritage Law and other relevant laws, in addition to complying with the provisions of this Law, they must also comply with the provisions of the Cultural Heritage Law and other relevant laws. The export of archival documents recognized as national treasures abroad shall be carried out

3. In cases where other laws provide different regulations on the retention period and management responsibility for archival documents at current archives, such provisions shall be followed.

4. The archiving of documents belonging to the Communist Party of Vietnam's Archive Collection shall be implemented according to the regulations of the competent authority of the Communist Party of Vietnam.

5. Organizations, individuals, families, clans, communities decide on the application of the provisions of this Law to the archiving of private archival documents not falling within the scope specified in Clause 1 of this Article.

Article 4. Principles of Recordkeeping

1. Ensuring the leadership of the Communist Party of Vietnam; centralized and unified management by the State; participation from society, agencies, organizations, individuals, families, clans, and communities.

2. Ensuring the goal of enhancing the value of records for the benefit of the nation and ethnic groups, and the legitimate rights and interests of agencies, organizations, and individuals.

3. Ensuring citizens' right to access information on records in accordance with the Constitution and laws.

4. Ensuring transparency, clarity, and compliance with legal authority as prescribed by Vietnamese law, consistent with international standards and practices.

5. Managing records according to recordkeeping archives, combining territorial management, ensuring scientific, systematic, objective, comprehensive, and historical continuity of records.

6. Ensuring safety, integrity, long-term preservation of records, and implementing backup storage of records.

Article 5. State Policy on Recordkeeping

1. Building a modern Vietnamese recordkeeping system to meet state management requirements, administrative modernization, and serving the people.

2. Ensuring necessary conditions for recordkeeping. Prioritizing public investment funds and other resources to modernize recordkeeping, ensuring safety, integrity, and enhancing the value of records.

3. Building and developing a professional workforce in recordkeeping services; training and building a team of leading experts in the field of recordkeeping; attracting high-quality human resources to perform recordkeeping activities.

4. Building a recordkeeping society, encouraging organizations, individuals, families, clans, and communities to protect, preserve, and enhance the value of private records.

5. Socializing recordkeeping; creating favorable conditions for domestic organizations and individuals to invest in and operate recordkeeping services. Encouraging organizations and individuals to sponsor and participate in activities to protect and enhance the value of records.

6. Strengthening comprehensive international integration and cooperation in recordkeeping.

Article 6. Vietnam Recordkeeping Day

January 3rd each year is Vietnam Recordkeeping Day.

Article 7. Value of Records

1. Records are evidence of the activities of the Party, State, society, and agencies, organizations, individuals, families, clans, and communities throughout Vietnam's historical periods.

2. Records have historical value, legal value, and practical value in various aspects of social life.

3. Digital records have full legal value as data messages under the law on electronic transactions.

Article 8. Prohibited Acts

1. Illegally transferring, providing, destroying, intentionally damaging, buying, stealing, or losing records managed by authorized agencies of the Party and State.

2. Forging, distorting the content, destroying the integrity of records and their primary data; illegally accessing, copying, or sharing records and record databases.

3. Illegally destroying private records of special value.

4. Using records or exploiting recordkeeping services to infringe upon national and ethnic interests, public interest, legitimate rights and interests of agencies, organizations, individuals, families, clans, and communities; obstructing lawful access and use of records by agencies, organizations, and individuals.

5. Taking records out of the country, outside current or historical recordkeeping contrary to the law.

Chapter II

MANAGEMENT OF RECORDS

AND RECORD DATABASES

Article 9. National Archive of Vietnam

1. The National Archive of Vietnam includes all archival materials of the State of Vietnam, regardless of the time of formation, place of preservation, recording technology, and carrier material. The National Archive of Vietnam consists of the Communist Party of Vietnam Archive, the State of Vietnam Archive, and private archival materials.

2. The Communist Party of Vietnam Archive includes all archival materials formed during the activities of the agencies and organizations of the Communist Party of Vietnam, the predecessor organizations of the Party, the Vietnam Fatherland Front, political-social organizations, historical figures, and outstanding individuals of the Communist Party of Vietnam. The competent authority of the Communist Party of Vietnam shall specify in detail the components of the Communist Party of Vietnam Archive.

3. The State of Vietnam Archive includes all archival materials formed during the activities of state agencies, public service units, state-owned enterprises, units under the people's armed forces; historical figures, outstanding individuals, and other archival materials formed through various historical periods of the country, including:

a) Archival materials formed during the activities of central agencies and organizations of the Democratic Republic of Vietnam and the Socialist Republic of Vietnam; agencies and organizations at the Ministry level, Central Region, and Special Administrative Region of the Democratic Republic of Vietnam; central agencies and organizations of the Provisional Revolutionary Government of the Republic of South Vietnam and other central organizations belonging to the revolutionary government before 1975; public service units under central agencies and organizations established by the Government, Prime Minister; state-owned enterprises established by the Prime Minister, Ministers, Heads of Ministries equivalent to Ministries, and agencies under the Government according to the provisions of the law; agencies and organizations of the feudal regime and other social systems existing on the territory of Vietnam before 1975; historical figures, outstanding individuals of the State;

b) Archival materials formed during the activities of agencies and organizations at provincial and district levels and special administrative-economic zones; public service units directly under the Provincial People's Committee; state-owned enterprises established by the Chairman of the Provincial People's Committee and agencies, organizations, and individuals not specified in points a, c, and d of this Clause;

c) Archival materials formed during the activities of the People's Councils and People's Committees at commune level;

d) Archival materials formed during the activities of mass organizations entrusted by the Party and the State.

4. Private archival materials include:

a) Archival materials formed during the activities of individuals, families, clans, and communities;

b) Archival materials formed during the activities of social organizations and occupational associations not falling within the cases prescribed in point d of Clause 3 of Article 9 of this Law;

c) Archival materials formed during the activities of non-governmental organizations and economic organizations that are not state-owned enterprises.

Article 10. Competence to manage archival materials and archival data bases

1. The competent authority of the Communist Party of Vietnam manages and stores the materials prescribed in Clause 2 of Article 9 of this Law and the data base of the Communist Party of Vietnam Archive.

2. The Ministry of Home Affairs manages the following archival materials and data bases:

a) Archival materials at the central state historical archive;

b) Data base of the State of Vietnam Archive, excluding the data base of archival materials prescribed in Clause 3 of this Article;

c) Backup archival materials of the State of Vietnam Archive, excluding backup archival materials prescribed in Clause 3 of this Article.

3. The People's Committee at provincial level manages archival materials at the provincial state historical archive; the data base of archival materials prescribed in point b and point c of Clause 3 of Article 9 of this Law and the data base of local mass organizations entrusted by the Party and the State.

4. Ministries of Defense, Public Security, and Foreign Affairs manage and store archival materials formed during their activities, backup archival materials, archival materials with special value, and data bases of archival materials of their respective sectors. Management and storage of archival materials of party organizations in the defense, public security, and foreign affairs sectors shall be carried out in accordance with the provisions of the competent authority of the Communist Party of Vietnam.

5. Agencies, organizations, state-owned enterprises, and mass organizations entrusted by the Party and the State manage and store archival materials, data bases of archival materials at current archives, and other archival materials as prescribed by relevant laws.

6. Organizations, individuals, families, clans, and communities manage and store private archival materials and private data bases of archival materials (if any).

Article 11. Construction and updating of archival document databases

1. The Minister of Home Affairs shall direct the construction, management, and operation of the database for archival documents of the National Archive of Vietnam.

As for the database for archival documents of the defense, public security, and foreign affairs sectors, it shall be directed by the Ministers of Defense, Public Security, and Foreign Affairs respectively for their construction, management, and operation.

2. The heads of ministries, ministerial-level agencies, government-affiliated agencies, the Supreme People's Court, the Supreme People's Procuracy, the State Audit Office, the National Assembly Office, central-level agencies, and the Chairpersons of provincial People's Committees shall direct the construction and updating of the database for archival documents of their respective ministries, sectors, and localities; and update the database for archival documents of the National Archive of Vietnam.

3. The heads of agencies and organizations shall direct the construction and updating of the database for archival documents of their respective agencies and organizations; and update the database for archival documents of ministries, sectors, and localities.

4. Databases for archival documents under the National Archive of Vietnam shall be connected to share and exploit them according to the provisions of the law.

5. The Government shall provide detailed regulations on this matter.

Article 12. Management of archival documents at current archives and historical archives

1. Current archives directly manage archival documents with limited retention periods, permanent archival documents not yet due for transfer to historical archives, and permanent archival documents not subject to transfer to historical archives.

Current archives carry out activities such as determining value, collecting, preserving, statistics, digitizing, creating databases, organizing the use of archival documents, and promoting the value of archival documents; they also submit permanent archival documents to historical archives according to regulations.

2. Central and provincial state historical archives directly manage permanent archival documents and other archival documents as prescribed by law.

Historical archives carry out activities such as collecting, determining value, preserving, statistics, digitizing, creating databases, organizing the use of archival documents, and promoting the value of archival documents according to regulations.

Article 13. Management of archival documents in cases where agencies and organizations are dissolved, bankrupt, or reorganized

1. Archival documents of agencies and organizations that are dissolved or bankrupted shall be transferred to superior agencies or organizations authorized to manage them.

2. The Minister of Home Affairs shall provide detailed regulations on paragraph 1 of this Article and stipulate the management of archival documents and the responsibility for submitting archival documents to historical archives in cases where agencies and organizations are reorganized.

Chapter III

ARCHIVAL BUSINESS

Section 1

GENERAL PROVISIONS ON ARCHIVAL BUSINESS

Article 14. Determination of the value of documents

1. Determining the value of documents involves evaluating documents to identify those with archival value, retention periods, expired documents, and documents without archival value.

2. Principles and criteria for determining the value of documents are as follows:

a) Ensuring political, historical, comprehensive, and integrated principles;

b) Determining the value of documents must be based on the following standards: the content of the document; the position of the agency, organization, or individual forming the document during its operational process; the significance of the event, time, and place of formation of the document; the completeness of the archive; the form of the document; the physical condition of the document;

c) The retention period for documents cannot be shorter than the retention period prescribed by the competent authority.

Article 15. Period of retention for records and documents

1. The period of retention for records and documents includes permanent retention and limited-term retention.

2. Records and documents subject to permanent retention include: documents with special value; records and documents on policy directions, policies, programs, national strategies; national target programs, important projects, key national programs; other permanently retained records and documents as prescribed by relevant laws and competent authorities.

3. Records and documents subject to limited-term retention are those not covered by the provisions of Clause 2 of this Article.

The period of retention for records and documents specified in this clause shall be calculated in years, with a minimum of two years and a maximum of seventy years from the year the work ends.

4. In cases where a record contains documents with different retention periods, the retention period for the record shall be determined based on the longest retention period among the documents within the record.

5. Ministries, ministerial-level agencies, the Supreme People's Court, the Supreme People's Procuracy, and the State Audit Office shall specify the detailed retention periods for sectoral and field-specific records and documents under their administrative management after consulting the Ministry of Home Affairs.

6. Based on the provisions of Clauses 2, 3, and 5 of this Article, the head of an agency or organization shall establish a specific list and retention period for records and documents generated during the operation of their agency or organization.

7. Based on the provisions of Clauses 5 and 6 of this Article, the person responsible for handling the work shall determine the specific retention period for records and documents.

Article 16. Destruction of archival materials

1. The destruction of archival materials shall be carried out for the following materials:

a) Archival materials that have exceeded their retention period;

b) Duplicate archival materials.

2. When destroying archival materials, it must ensure complete destruction and irreversibility.

3. The authority to decide on the destruction of archival materials in current archives is stipulated as follows:

a) The head of an agency or organization that submits materials to the central state historical archives shall decide on the destruction of archival materials after obtaining the review opinion of the advisory body assisting the Minister of Home Affairs in managing archives; the head of an agency or organization that submits materials to provincial state historical archives shall decide on the destruction of archival materials after obtaining the review opinion of the advisory body assisting the Provincial People's Committee in managing archives;

b) The head of an agency or organization that does not submit materials to historical archives shall decide on the destruction of archival materials in accordance with regulations.

4. The authority to decide on the destruction of archival materials in historical archives is stipulated as follows:

a) The Minister of Home Affairs decides on the destruction of archival materials in the central state historical archives;

b) The Chairman of the Provincial People's Committee decides on the destruction of archival materials in provincial state historical archives.

5. The destruction of archival materials containing state secrets in current archives shall be carried out in accordance with the law on protecting state secrets.

6. The Minister of Home Affairs shall prescribe the procedures and formalities for the destruction of archival materials.

Article 17. Time limit, requirements, and documents to be submitted for archiving

1. The person assigned to handle the work shall be responsible for establishing the work file in accordance with the provisions of the law on records management; submitting the file and documents to the current archive in compliance with the requirements and time limits stipulated in this Law.

2. The maximum time limit for submitting files and documents to the current archive is one year, calculated from the year the work ends.

3. The maximum time limit for submitting files and documents to the historical archive is five years, calculated from the year they are submitted to the current archive, except in cases provided for in Clause 6 of this Article.

In cases where other laws provide for the time limit for submitting files and documents to the historical archive, the maximum time limit for submitting such files and documents to the historical archive is thirty years, counted from the year they are submitted to the current archive.

4. Requirements for files and documents to be submitted for archiving are as follows:

a) Documents submitted must be original copies; in cases where original copies are not available, they may be replaced by legally certified copies;

b) They must accurately reflect the functions and responsibilities of the agency, organization, or unit;

c) They must ensure completeness of documents, have close relevance, and accurately reflect the sequence of events or the process of handling the work;

d) For paper files, they must meet the requirements specified in Clause 2 of Article 28 of this Law; for electronic files and documents, they must meet the requirements specified in Clause 1 of Article 36 of this Law.

5. Files and documents bearing confidentiality stamps must be submitted to the current archive within the prescribed time limit and stored in accordance with the provisions of the law on state secrets protection.

6. Files containing documents bearing confidentiality stamps or documents bearing confidentiality stamps can only be submitted to the historical archive after the documents have been declassified in accordance with the provisions of the law on state secrets protection.

7. In cases where files contain paper documents, documents on information carriers, and electronic documents, all such documents must be submitted to the current archive and the historical archive.

8. In cases where a document is created simultaneously on paper, on an information carrier, or in data message form, all types must be submitted.

Article 18. Agencies and organizations submitting files and documents to the State's historical archive

1. Agencies and organizations submitting files and documents to the State's central historical archive are as follows:

a) National Assembly, National Election Council, Standing Committee of the National Assembly, Ethnic Council, Committees of the National Assembly, agencies under the Standing Committee of the National Assembly, Secretary-General of the National Assembly, Office of the National Assembly.

The Office of the National Assembly is responsible for submitting the archives of the agencies specified herein;

b) President of the State, Office of the President of the State.

The Office of the President of the State is responsible for submitting the archives of the agencies specified herein;

c) Government, Prime Minister, Government Office.

The Government Office is responsible for submitting the archives of the agencies specified herein;

d) Supreme People's Court, Supreme People's Procuracy, High People's Courts, High People's Procuracies, State Audit Agency; Ministries, ministerial-level agencies, and agencies under the Government, except in cases provided for in Clause 3 of Article 10 of this Law; agencies and organizations under and directly under ministries, ministerial-level agencies performing state management functions in specific sectors;

đ) State-owned enterprises established by the Prime Minister, Ministers, Heads of ministerial-level agencies, and agencies under the Government; public service units established by the Government and the Prime Minister, except public service units directly under provincial People's Councils;

e) Mass organizations at the central level assigned tasks by the Party and the State.

2. Agencies and organizations submitting files and documents to the State's local historical archive are as follows:

a) Provincial People's Councils, Delegations of the National Assembly, Offices of the Delegations of the National Assembly and Provincial People's Councils.

The Offices of the Delegations of the National Assembly and Provincial People's Councils are responsible for submitting the archives of the agencies specified herein;

b) Provincial People's Councils, Provincial People's Council Offices.

The Provincial People's Council Offices are responsible for submitting the archives of the agencies specified herein;

c) People's Councils, People's Council Offices, and People's Councils and People's Council Offices at the district level.

The People's Council Offices and People's Councils at the district level are responsible for submitting the archives of the agencies specified herein;

d) Other specialized agencies under provincial and district People's Councils; People's Courts and People's Procuracies at the provincial and district levels; organizations under specialized agencies under provincial People's Councils performing state management functions; public service units directly under provincial People's Councils; central agencies, organizations, and enterprises operating vertically at the provincial and district levels; state-owned enterprises established by the Chairman of the provincial People's Council;

đ) People's Councils and People's Councils at the commune level.

The People's Councils at the commune level are responsible for submitting the archives of the agencies specified herein;

e) Mass organizations at the local level assigned tasks by the Party and the State.

3. Where necessary, the Prime Minister decides that other State agencies not covered by Clauses 1 and 2 of this Article submit files and documents to the State's historical archive.

4. Where agencies and organizations specified in Clauses 1 and 2 of this Article change their names, they still have the responsibility to submit files and documents to the State's historical archive in accordance with the provisions of this Article.

Article 19. Rights and responsibilities of agencies and organizations in submitting files and documents for historical archives

1. Agencies and organizations submitting files and documents to historical archives have the following rights and responsibilities:

a) Registering the submission of files and documents to historical archives;

b) Sending application files for historical archives with authority, including the application document for submitting files and documents, file and document index, clearly identifying conditional access files and documents (if any);

c) Submitting files and documents according to the completed file and document index after receiving comments from historical archives;

d) Complaining about the refusal to accept files and documents from historical archives in accordance with the law.

2. Historical archives have the following rights and responsibilities:

a) Guiding agencies and organizations in submitting files and documents to historical archives;

b) Providing written comments on the file and document index submitted to historical archives;

c) Accepting or refusing to accept files and documents;

d) Collecting archival materials;

đ) Reporting to state management agencies on the collection and gathering of archival materials into historical archives.

3. The Minister of Home Affairs shall provide detailed regulations on the procedures and formalities for submitting files and documents and collecting archival materials into historical archives.

Article 20. Requirements for preserving and statistically recording archival materials

1. Archival materials must be safely preserved with necessary technological and technical conditions to maintain them long-term and meet the requirements for using archival materials. Archival materials at historical archives must be stored in specialized storage facilities.

2. Archival materials must be statistically recorded in accordance with the law on statistics.

3. The preservation and statistical recording of archival materials containing state secrets must be carried out in accordance with the law on protecting state secrets.

Article 21. Specialized Storage Facilities

1. Specialized storage facilities include paper archival material storage rooms, archival material storage rooms on other information carriers, and digital storage rooms.

2. Specialized storage facilities are constructed to meet modernization requirements, equipped with advanced technology, and provided with necessary technical equipment to carry out archival business activities and enhance the value of archival materials.

3. Specialized storage facilities must be suitable for the technological preservation requirements and specific characteristics of each type of archival material.

4. The area of specialized storage facilities must be strictly organized for protection, safety, in accordance with the law; equipped with necessary technical equipment for observation, monitoring, disaster prevention, damage prevention, fire prevention, firefighting, and other factors that may cause damage to archival materials.

5. The Government shall provide detailed regulations on this matter.

Article 22. Backup Archives

1. Backup archives involve creating and preserving archival materials according to special methods and standards for use in cases where original archival materials are lost or unusable. Information in backup archival materials has the value to replace information in original archival materials when the originals are lost or unusable.

2. Backup archives are implemented for archival materials of particular value and permanent archival materials at risk of damage.

3. Backup archives must meet the following requirements:

a) Backup archival materials must ensure the integrity and accuracy of information compared to original archival materials;

b) Backup archival materials must be usable in cases where original archival materials are lost or unusable;

c) Information carriers of backup archival materials must have physical properties less affected by environmental conditions;

d) Backup archival materials must be securely stored separately from the location where original archival materials are stored;

đ) Utilizing advanced and modern technology and equipment to meet the requirements for establishing and storing backup archival materials suitable for different types of archival materials.

4. The agency managing backup archival materials shall implement the creation, preservation, and decision-making for allowing the use of backup archival materials within its authority.

5. The Government shall provide detailed regulations on this matter.

Article 23. Forms and Authority for Permitting the Use of Archival Documents

1. The forms of using archival documents include:

a) Serving readers to use archival documents;

b) Issuing copies of archival documents.

2. Copies of archival documents include authenticated copies of archival documents issued by the head of the agency or organization, the head of historical archives, and unauthenticated copies of archival documents.

The head of the agency or organization, the head of historical archives shall be responsible under the law for issuing authenticated copies of archival documents.

Authenticated copies of archival documents issued by agencies, organizations, and historical archives have the same value as original archival documents currently preserved in current archives and historical archives.

3. The authority for permitting the use of archival documents is defined as follows:

a) The head of the agency or organization decides on the use of archival documents currently preserved in current archives;

b) The head of historical archives decides on the use of archival documents currently preserved in historical archives. For archival documents with conditional access as stipulated in Clause 3, Article 25 of this Law, the head of historical archives decides on their use after obtaining the consent of the advisory body assisting the Minister of Home Affairs, the People's Committee at the provincial level implementing state management over archives, or the owner of private archival documents.

4. The use of archival documents containing state secrets shall be carried out in accordance with the provisions of the law on protecting state secrets.

5. The Minister of Home Affairs shall provide detailed regulations for Clause 1 and Clause 2 of this Article.

Article 24. Taking Archival Documents Out of Current Archives, Historical Archives

1. Archival documents may be taken out of current archives, historical archives according to the decision of the authorized person as stipulated in Clauses 2, 3, and 4 of this Article and must be returned fully intact.

2. The taking of archival documents belonging to the Communist Party of Vietnam Archive out of current archives, historical archives of the Party shall be regulated by the authorized body of the Party.

3. Except for the case of taking archival documents recognized as national treasures abroad as stipulated in Clause 2, Article 3 of this Law, the authority for taking archival documents out of current archives, historical archives is defined as follows:

a) The Minister of Home Affairs decides on taking archival documents from central state historical archives abroad;

b) The Chairman of the People's Committee at the provincial level decides on taking archival documents from provincial state historical archives abroad;

c) The head of historical archives decides on taking archival documents out of historical archives for use within the country;

d) The head of the agency or organization decides on taking archival documents out of current archives for use within the country and abroad.

4. The Minister of Defense, the Minister of Public Security, the Minister of Foreign Affairs shall regulate the taking of documents of the defense, public security, and foreign affairs sectors out of archives for use within the country and abroad.

5. The taking of archival documents containing state secrets out of current archives, historical archives shall be carried out in accordance with the provisions of the law on protecting state secrets.

Article 25. Access to information in archival documents

1. Access to information in archival documents at current archives shall be carried out in accordance with the laws on access to information.

2. Organizations, individuals accessing information in archival documents at historical archives in accordance with this Law shall have conditional access to information in archival documents in accordance with Clause 3 of this Article.

3. Conditional access to archival documents at historical archives is regulated as follows:

a) Archival documents containing information that, if used, may adversely affect national defense, national security, national interests, ethnic interests, international relations; social order, public safety; social morality, community health shall be accessed after obtaining the opinion of the advisory body assisting the Minister of Home Affairs, the People's Committee of the province implementing state management over archives.

b) Personal archival documents stored at historical archives shall be accessed upon the consent of the owner.

4. The Government shall provide detailed regulations for point a, Clause 3 of this Article.

5. The Minister of Home Affairs shall approve the list of archival documents subject to conditional access at central-level historical archives of the State; the Chairman of the People's Committee of the province shall approve the list of archival documents subject to conditional access at provincial-level historical archives of the State.

6. The Minister of National Defense, the Minister of Public Security, and the Minister of Foreign Affairs shall approve the list of archival documents subject to conditional access of their respective sectors.

Article 26. Rights and Obligations of Organizations, Individuals in Accessing and Using Information in Archival Documents

1. Organizations, individuals have the following rights:

a) To access accurate, complete, timely information in archival documents in accordance with the provisions of the law;

b) To use information in archival documents to serve work, scientific research, historical studies, and other lawful needs;

c) To lodge complaints and denunciations in accordance with the law on complaints and denunciations.

2. When using information in archival documents, organizations, individuals have the following obligations:

a) To indicate the archival number, originality of the archival document, and the agency or organization managing the archival document; to respect the integrity of the information in the archival document when introducing or quoting from it;

b) To pay fees for using archival documents in accordance with the law;

c) To comply with the provisions of this Law, the rules of the agency or organization managing the archival document, and other relevant legal provisions.

Section 2

BUSINESS OF STORING PAPER DOCUMENTS

AND OTHER CARRIER INFORMATION DOCUMENTS

Article 27. Scope of Application of Business of Storing Paper Documents and Other Carrier Information Documents

The business of storing paper documents and other carrier information documents must comply with general regulations on archival business stipulated in Section 1 of this Chapter and specific regulations stipulated in this Section.

Article 28. Submission of Paper Documents

1. Paper documents submitted to archives must be established into files in accordance with Clause 2 of this Article.

2. Files must meet the following requirements:

a) General requirements for files and documents submitted to archives as stipulated in Clause 4 of Article 17 of this Law;

b) Must have file title, file number and code, file retention period, file preparer, start time, end time; page numbering; establish a list of documents for permanent storage files.

Article 29. Paper archival materials converted from digital archival materials

Clause 1. Paper archival materials converted from digital archival materials shall have the same legal value as digital archival materials when meeting the following requirements:

Point a) The information in the paper archival materials must be complete and intact like the information in the digital archival materials;

Point b) There must be information to identify the information system and the managing body of the information system storing the digital archival materials;

Point c) There must be recognizable signs indicating that the materials were converted from digital archival materials and there must be signatures or seals of the agencies, organizations, or individuals who performed the conversion.

Clause 2. The Minister of Home Affairs shall stipulate the format and technical presentation methods for converting digital archival materials into paper archival materials.

Article 30. Archival operations for materials on other data carriers

Clause 1. Archival operations for materials on other data carriers must be appropriate to the nature of the information and the characteristics of the data carrier of the archival materials.

Clause 2. Archival materials on other data carriers may be converted into digital archival materials to facilitate management, utilization, and enhancement of their value.

Section 3

ELECTRONIC DOCUMENT ARCHIVAL OPERATIONS

Article 31. Scope of application of electronic document archival operations

Electronic document archival operations must comply with general regulations on archival operations as stipulated in Section 1 of this Chapter and specific provisions set forth in this Section.

Article 32. Electronic archival materials

Clause 1. Electronic archival materials include digital archival materials and other types of electronic archival materials.

Clause 2. Digital archival materials are those created using digital signal methods, including:

Point a) Digitally created archival materials;

Point b) Digitized versions of archival materials.

Clause 3. Other types of electronic archival materials are those created, sent, received, and stored through means based on information technology, electrical, electronic, magnetic, wireless transmission, optical, electromagnetic, or similar technologies, excluding those created using digital signal methods as specified in Clause 2 of this Article.

Article 33. Digitally created archival materials

Clause 1. Digitally created archival materials are those created, sent, received, stored, and used in digital format.

Clause 2. Digitally created archival materials must meet the following requirements:

Point a) They must be digitally authenticated by the agency, organization, or individual creating the material or by factors identifying the source of the material;

Point b) They must ensure integrity from the time of completion until they are put into use. A material is considered intact if its information has not been altered, except for changes in form occurring during sending, receiving, storage, or display;

Point c) They must be stored concurrently with the main data of the digital archival material;

Point d) They must be accessible and usable in complete form.

Article 34. Digitized versions of archival materials

Clause 1. Digitized versions of archival materials shall have the same legal value as the original archival materials when meeting the following requirements:

Point a) The information in the digitized version of the archival material must be complete and intact like the information in the original archival material;

Point b) They must be accessible and usable;

Point c) They must have recognizable signs indicating that they are digitized and must be verified by authorized agencies, organizations, or individuals.

Clause 2. The authority to verify digitized versions of archival materials is as follows:

Point a) The agency, organization, or individual creating the material;

Point b) The agency, organization, or individual receiving the material from the agency, organization, or individual that created it;

Point c) Historical verification of digitized versions of archival materials falls under the management authority.

Clause 3. The Minister of Home Affairs shall stipulate the format, technical presentation methods, and digitization process for archival materials.

Article 35. Digital storage facility

1. A digital storage facility includes technical infrastructure, software systems, archival document databases, and digital archival documents. The digital storage facility must meet the following conditions:

a) Supporting the implementation of archival document management activities for digital archival documents; managing archival document databases;

b) Ensuring information security, integrity, authentication, accessibility, utilization, and the enhancement of archival document value;

c) Connecting to share and exploit according to the provisions of the law.

2. Technical infrastructure includes equipment installation infrastructure and information technology infrastructure.

3. Software systems are established to implement activities such as receipt, classification, statistics, valuation determination, preservation, exploitation, utilization of digital archival documents, and creation and management of archival document databases.

4. The level of information system security for digital storage facilities is determined and implemented according to the regulations on the level of information system security assurance.

5. State digital storage facilities are established to manage and operate the archival document database of the National Archive of Vietnam and digital archival documents under the management authority of the Ministry of Home Affairs as stipulated in Clause 2, Article 10 of this Law. State digital storage facilities are managed by the Ministry of Home Affairs.

6. Digital storage facilities of ministries, sectors, and localities are established to manage and operate archival document databases and digital archival documents under the management authority of ministries, sectors, and localities.

Article 36. Receipt, preservation, utilization, and destruction of digital archival documents that have lost their value

1. Archival documents and digital records are received through procedures, standards, and data structure of submitted records, verified and transmitted in a secure electronic environment.

In cases where records contain paper documents, these paper documents must be digitized; the receipt process is carried out according to Articles 17, 18, and 19 of this Law.

2. Preservation of digital archival documents is regulated as follows:

a) Digital archival documents must meet the standards and data structure of digital archival documents; ensure integrity, consistency, authenticity, security, and accessibility; they are preserved and utilized according to specialized professional methods;

b) Digital archival documents must be securely preserved, intact in content and format, ensuring long-term authentication, accessibility, and appropriate conversion with technological changes, meeting the requirements of laws on cybersecurity;

c) The retention period for the primary data of digital archival documents is the same as the retention period for digital archival documents;

d) Digital archival documents are preserved in digital storage facilities by record or document unit.

3. Utilization of digital archival documents is regulated as follows:

a) Digital archival documents can be utilized through forms such as reading, issuing copies, providing information from digital archival documents and archival document databases;

b) Digital archival documents can be utilized through user versions. User versions are converted in format, adjusted in structure, and displayed according to the requirements of management work and user access needs, ensuring the content matches the original.

4. Destruction of digital archival documents that have lost their value is regulated as follows:

a) Digital archival documents lose their value when they are not linked to other digital archival documents within the same system that have longer retention periods;

b) When destroying digital archival documents that have lost their value, all primary data of those documents and digitized paper documents (if any) must also be destroyed simultaneously.

5. Based on the provisions of this Law, the Minister of Defense, the Minister of Public Security, and the Minister of Foreign Affairs shall stipulate principles for the receipt, preservation, utilization, and destruction of digital archival documents of the defense, public security, and foreign affairs sectors.

6. The Minister of Defense shall take the lead and coordinate with relevant ministries to develop, promulgate standards and norms, and implement solutions regarding confidentiality and authentication in archival activities of Party and state agencies under the national administrative management of confidential matters and dedicated government digital signatures.

7. The Minister of Home Affairs shall provide detailed regulations for Clauses 1, 2, 3, and 4 of this Article.

Article 37. Archiving of other electronic archival materials

1. Archival operations for other electronic archival materials shall be carried out in accordance with the nature of the information carriers of those electronic archival materials.

2. Other electronic archival materials shall be converted into digital archival materials to facilitate management, utilization, and enhancement of their value.

Chapter IV

ARCHIVAL MATERIALS OF SPECIAL VALUE

AND ENHANCEMENT OF THE VALUE OF ARCHIVAL MATERIALS

Section 1

ARCHIVAL MATERIALS OF SPECIAL VALUE

Article 38. Archival materials of special value

1. Archival materials of special value must meet one of the criteria regarding content stipulated in Clause 2 of this Article and one of the criteria regarding form and origin stipulated in Clause 3 of this Article.

2. Criteria regarding content include:

a) Reflecting the history of formation and development of the nation, ethnic group, industry, or field;

b) The process of establishing and exercising sovereignty over Vietnam's territory and national borders;

c) Outstanding scientific works or products of an industry or field;

d) The life, career, and contributions of outstanding individuals, families, clans;

đ) Other archival materials of particular importance to the nation, ethnic group, or the world.

3. Criteria regarding form and origin include:

a) Distinctive presentation methods and techniques with aesthetic and artistic value;

b) Characteristics typical of a historical period;

c) Formed under special historical circumstances concerning time, place, or author.

4. Archival materials of special value shall be stored as a precaution; they shall be statistically recorded and prioritized for organization and utilization to enhance their value.

Article 39. Procedures and formalities for recognizing archival materials of special value

1. Heads of agencies and organizations; heads of historical archives and individuals, families, clans, communities shall prepare applications to recognize archival materials of special value for archival materials within their management authority or ownership.

2. Applications to recognize archival materials of special value shall include:

a) A request for recognition;

b) An explanatory document on the archival material;

c) A copy or photograph of the archival material showing basic information about the material;

d) Supporting documents or materials proving the special value of the archival material (if available).

3. Applications to recognize archival materials of special value will not be considered in cases of disputes over ownership or management rights.

4. The authority to recognize archival materials of special value is defined as follows:

a) The Minister of Home Affairs shall recognize archival materials of special value for archival materials stored at historical archives and archival materials of ministries, sectors, central agencies, state-owned enterprises established by the Prime Minister, ministers, or heads of agencies equivalent to ministries; public service units under central agencies and organizations established by the Government or the Prime Minister; b) The Chairman of the People's Committee of a province shall recognize archival materials of special value for private archival materials and archival materials of agencies and organizations within their jurisdiction, except in cases specified in point a of this clause.

5. The person authorized to recognize archival materials of special value shall decide to revoke the recognition of archival materials of special value in the following cases:

a) Discovering that the application for recognition of archival materials of special value is not objective or truthful;

b) The archival material of special value no longer meets the criteria for archival materials of special value stipulated in Clause 1 of Article 38 of this Law.

6. The Minister of Home Affairs shall prescribe procedures and formalities for recognizing and revoking the recognition of archival materials of special value.

ENHANCEMENT OF THE VALUE OF ARCHIVAL MATERIALS

Section 2

PROMOTING THE VALUE OF ARCHIVED DOCUMENTS

Article 40. Utilization of archival materials to enhance their value

1. Archival materials containing the following contents shall be utilized to enhance their value in the form prescribed in Article 41 of this Law:

a) The history of founding the country, defending the country, establishing and exercising sovereignty; the process of formation and development of the nation and the traditional values of the country and the Vietnamese people;

b) Notable events and significant milestones in the process of formation and development of the Communist Party of Vietnam, the State of Vietnam; sectors, fields, localities; agencies, organizations under various political and social systems; individuals, families, clans, communities throughout historical periods;

c) Outstanding achievements in the cause of building and defending the Socialist Fatherland of Vietnam.

2. For other archival materials not falling within the cases stipulated in Clause 1 of this Article, the heads of state agencies managing archives, agencies, organizations, and historical archives shall proactively utilize them to enhance their value through appropriate forms.

Article 41. Forms of utilizing archival materials to enhance their value

1. The forms of utilizing archival materials to enhance their value include:

a) Publicizing the list of archival files and materials;

b) Publishing archival materials;

c) Exhibiting and introducing archival materials;

d) Compiling, publishing, printing, and distributing archival publications;

đ) Incorporating into educational institution activities;

e) Other forms.

2. The utilization of archival materials to enhance their value shall be carried out in accordance with the provisions of this Law and other relevant laws.

Article 42. Publicizing the list of archival files and materials

1. The list of archival files and materials falling within the cases stipulated in Clause 1 of Article 40 of this Law must be publicized on the electronic portal, website of historical archives, agencies, and organizations managing archival materials.

2. The heads of agencies, organizations, and historical archives are responsible for publicizing the list of archival files and materials.

Article 43. Publishing archival materials

1. Publishing archival materials is the act of officially announcing the full text or part of the archival materials to the public by the agency authorized to manage archival materials.

2. The head of the agency or organization decides on the publication of archival materials within its management authority.

3. Historical archives implement the publication of archival materials according to the decision of the authorized agency managing archival materials.

Article 44. Exhibiting, introducing archival materials and compiling, publishing, printing, and distributing archival publications

1. Exhibiting archival materials shall be conducted in accordance with the law on exhibitions.

2. Developing radio, television programs, documentaries, articles, regular columns to introduce archival materials through mass media and other means.

3. Publishing, printing, and distributing archival publications shall be carried out in accordance with the law on publishing.

Article 45. Incorporating into educational institution activities

Encouraging educational institutions within the national education system to incorporate the utilization of archival materials to enhance their value through organizing extracurricular events, out-of-classroom educational activities, experiential learning at historical archives; using archival materials with contents stipulated in Clause 1 of Article 40 of this Law in educational and training activities to educate students about traditions.

Article 46. Other forms to promote the value of archival materials

1. Organizing exchange activities, seminars, conferences, workshops, educational events, and tourism related to archives.

2. Organizing contests to understand, develop creative ideas, apply information technology, and digital transformation in promoting the value of archival materials.

3. Connecting and sharing archival information between domestic and foreign archive agencies.

4. Designing and producing items, gifts, souvenirs.

Chapter V

PRIVATE ARCHIVES

Article 47. Management of private archives

1. Private archives shall be organized and implemented in accordance with the provisions of this Law, other relevant laws, international practices, and specific conditions of organizations, individuals, families, clans, communities, and on the principle of self-financing for operational costs.

2. Private archives shall serve practical activities, scientific research, history, preserving, and promoting the traditional values of families, clans, communities, and other values of archival materials, contributing to the conservation and promotion of the national cultural identity of Vietnam.

Article 48. State policies to develop private archives

1. Promoting awareness in society about the significance and importance of archival materials.

2. Protecting ownership rights over private archival materials; taking measures to promptly prevent and handle acts of destruction, appropriation, and illegal use of private archival materials.

3. Encouraging organizations, individuals, families, clans, and communities to provide information on private archival materials to build databases of private archival materials, deposit, donate, or sell private archival materials to the state.

4. Providing guidance on archival operations for private archival materials serving the community. Supporting equipment and facilities for organizations, individuals, families, clans, and communities to implement private archives serving the community and promoting the value of private archival materials.

5. Creating favorable conditions for organizations, individuals, families, clans, and communities to invest resources and develop private archives serving the community.

6. Providing services to appraise the value of private archival materials and recognize private archival materials of special value; accepting deposits of private archival materials.

7. Honoring and rewarding organizations, individuals, families, clans, and communities that have made contributions to archives.

Article 49. Rights and obligations of owners of private archival materials

1. Legally owning private archival materials.

2. Managing, safely preserving, and effectively using and promoting the value of private archival materials.

3. Depositing, donating, or selling private archival materials.

4. Organizing private archives serving the community.

5. Permitting agencies, organizations, or individuals to use private archival materials according to agreements.

6. Receiving, mobilizing, and utilizing legitimate resources in private archives.

7. Being honored and rewarded by the state in accordance with the law on commendation and rewards.

Article 50. Depositing private archival materials into historical archives

1. Organizations, individuals, families, clans, and communities may deposit private archival materials into historical archives.

2. Historical archives have the right to refuse to accept deposits of private archival materials in any of the following cases:

a) There is a dispute over ownership or lawful management rights;

b) The materials cannot be preserved long-term;

c) They are not suitable for preservation conditions of historical archives;

d) They violate prohibitive actions stipulated in Article 8 of this Law.

Article 51. Donation of personal archival materials to the State

1. Personal archival materials may be donated to the State when they do not fall under the cases specified in Clause 2, Article 50 of this Law.

2. Historical archives shall accept personal archival materials donated to the State within their jurisdiction and scope of archival material management.

3. The management and storage of personal archival materials donated to the State shall be carried out in accordance with the provisions of this Law and other relevant laws.

4. Organizations, individuals, families, clans, and communities that have donated archival materials shall be given priority to use such donated archival materials free of charge; they shall be honored and rewarded according to the law on commendation and reward.

Article 52. Personal archival materials of special value

1. Criteria for determining and procedures for recognizing personal archival materials of special value shall be implemented in accordance with Articles 38 and 39 of this Law.

2. Personal archival materials of special value shall be duplicated by the State in accordance with the provisions of Article 22 of this Law.

3. For personal archival materials of special value preserved by organizations, individuals, families, clans, and communities themselves, the State shall support their preservation and utilization upon request from such entities. The support includes:

a) Means and equipment to ensure the safety and integrity of archival materials;

b) Guidance and support for archival operations;

c) Collaboration in implementing various forms of utilizing archival materials.

4. Depositing, donating, or selling personal archival materials of special value shall be conducted as follows:

a) Encouraging donations and sales of personal archival materials of special value to the State. The State shall purchase such materials through agreement;

b) Organizations, individuals, families, clans, and communities may deposit personal archival materials of special value into historical archives free of charge through agreement.

5. The owner of personal archival materials of special value shall notify the Ministry of Home Affairs in writing immediately after completing civil transactions or upon occurrence of the following events:

a) Exchanging, donating, selling, or leaving personal archival materials of special value as inheritance, except in the case specified in point a, Clause 4, Article 51 of this Law;

b) When archival materials are lost or damaged.

6. Taking personal archival materials of special value out of the country must meet the following conditions:

a) Not adversely affecting national defense, security, national interests, and ethnic interests;

b) Obtaining written approval from the Minister of Home Affairs, except in the cases specified in Clause 2, Article 3 of this Law.

Chapter VI

ARCHIVAL SERVICES ACTIVITIES

Article 53. Archival service activities

1. Archival service activities include:

a) Operating technical infrastructure for preserving paper archival materials and archival materials on other media;

b) Operating technical infrastructure for storing digital archival materials and archival databases;

c) Digitizing, creating, and standardizing archival databases;

d) Repairing, disinfecting, deacidifying, cleaning archival materials and archival storage facilities;

đ) Providing archival business advice.

2. Archival service business activities as stipulated in Clause 1 of this Article are subject to conditional business investment.

3. Organizations engaged in archival service business activities as specified in points a and b of Clause 1 of this Article must meet the following requirements:

a) They must be enterprises as prescribed by the law on enterprises;

b) They must have appropriate physical facilities and human resources to carry out archival service activities; technical and archival business personnel must hold an Archival Practice Certificate.

4. Organizations meeting the requirements stipulated in Clause 3 of this Article shall be issued a certificate of eligibility to operate archival service businesses by the agency assisting the provincial People's Committee in managing archives at their location.

5. Technical and archival business personnel in organizations operating archival service businesses as specified in points c, d, and đ of Clause 1 of this Article, and independent individuals operating archival service businesses must hold an Archival Practice Certificate.

6. The Government shall provide detailed regulations for Clause 3 of this Article and the procedures for issuing certificates of eligibility to operate archival service businesses.

Article 54. Scope of Storage Service Provision by Organizations and Individuals

1. Organizations and individuals operating storage services include:

a) Organizations registered to operate storage services shall conduct the activities of storage services as prescribed in Clause 1 of Article 53 of this Law;

b) Independent individuals operating storage services shall conduct the activities of storage services as prescribed in Points c, d, and đ of Clause 1 of Article 53 of this Law.

2. Publicly established units providing storage services according to the authority granted.

Article 55. Responsibilities of State Agencies, Organizations, and Individuals

1. The responsibilities of state management agencies for archival activities regarding storage services are stipulated as follows:

a) The Ministry of Home Affairs shall guide, inspect, and supervise storage service activities nationwide; issue, reissue, and revoke the Archival Practice Certificate; resolve complaints and denunciations concerning storage service activities in accordance with the law;

b) Provincial and district People's Committees shall guide, inspect, and supervise storage service activities within their jurisdiction; resolve complaints and denunciations concerning storage service activities in accordance with the law.

2. Organizations and individuals operating storage services shall have the following responsibilities:

a) Comply with laws on archives and other relevant laws;

b) Be responsible for the quality of storage services and compensate for damages (if any) during the provision of services in accordance with the law;

c) Safeguard information about files and documents of agencies, organizations, and individuals using storage services; retain complete records of files and documents related to the provision of storage services;

d) Provide materials and information related to the results of storage service provision when requested by competent authorities.

3. Agencies and organizations using storage services shall have the following responsibilities:

a) Select organizations and individuals providing storage services that ensure quality and be responsible for the quality of storage service products;

b) Manage and oversee the process and outcomes of storage service contracts provided by organizations and individuals;

c) Agencies and organizations submitting files and documents for national historical archives must notify the use of storage services to the agency responsible for state management of archives. The notification must be sent before December 31 of the reporting year.

Article 56. Archival Practice Certificate

1. The Archival Practice Certificate is issued to individuals who meet the professional qualifications and conditions prescribed by law to engage in the business of storage services.

2. Individuals holding the Archival Practice Certificate have the following rights and obligations:

a) Engage in practice throughout the country in accordance with the law;

b) Comply with laws on archives and other relevant laws; adhere to professional ethics;

c) Not lease, lend, or allow others to use the issued Archival Practice Certificate for practice;

d) Present the Archival Practice Certificate and comply with inspection and supervision requirements when requested by competent authorities.

3. Conditions for obtaining the Archival Practice Certificate include:

a) Be a Vietnamese citizen;

b) Having full civil capacity;

c) Holding a diploma from a college level or higher suitable for storage service activities and meeting the requirements of vocational tests organized by the Ministry of Home Affairs.

In cases where individuals hold a diploma from a college level or higher in archiving, they only need to meet the conditions specified in point a and point b of this clause.

4. Individuals falling under any of the following circumstances shall not be issued the Archival Practice Certificate:

a) Currently being pursued for criminal responsibility;

b) Currently serving a prison sentence; currently undergoing administrative compulsory measures involving compulsory education or compulsory drug rehabilitation;

c) Previously convicted of crimes related to national security; crimes of intentionally disclosing state secrets; crimes of appropriating, buying, or destroying state secret documents.

5. The Archival Practice Certificate shall be reissued in the following cases:

a) The Archival Practice Certificate is damaged or lost;

b) Personal information on the Archival Practice Certificate needs updating.

6. The Archival Practice Certificate shall be revoked in the following case:

a) Failing to meet the conditions stipulated in Clause 3 of this Article;

b) Falling under the circumstances prohibited from obtaining the Archival Practice Certificate as stipulated in Clause 4 of this Article.

7. The Minister of Home Affairs shall specify the procedures for vocational testing in archiving; provide detailed regulations on issuing, reissuing, and revoking the Archival Practice Certificate.

Chapter VII

STATE MANAGEMENT OF ARCHIVES

Article 57. Contents of State Management on Archives

1. Building, issuing, guiding, and organizing the implementation of strategies, plans, and policies for archive development; legal normative documents on archives; technical standards, technical requirements, economic-technical norms, product and service quality in archival activities.

2. Promoting and disseminating laws on archives.

3. Managing reporting and statistical work on archives.

4. Managing archival service activities.

5. Training, nurturing, and developing human resources in archives; directing specialized training programs on archival professional skills.

6. Implementing competition and award activities on archives.

7. Inspecting, supervising, handling complaints and accusations, and dealing with violations of laws on archives.

8. International cooperation on archives.

Article 58. Responsibilities for State Management on Archives

1. The Government uniformly manages state affairs concerning archives.

2. The Ministry of Home Affairs is the lead agency assisting the Government in uniformly managing state affairs on archives; taking the lead and coordinating with other ministries and ministerial-level agencies to manage state affairs on archives.

3. The Ministry of Public Security, within its assigned tasks and powers, is responsible for ensuring information security on cyberspace in the field of archives.

4. The Ministry of Information and Communications is responsible for building and issuing technical standards and regulations on cybersecurity in electronic document archiving, except for the contents stipulated in Clause 6, Article 36 of this Law; coordinating with the Ministry of Home Affairs in applying information technology, digital transformation, cybersecurity, and electronic transactions in the field of archives.

5. Ministries and ministerial-level agencies, within their assigned tasks and powers, implement state management on archives.

6. People's Committees at all levels, within their assigned tasks and powers, implement state management on archives at local levels.

Article 59. Responsibilities of Heads of Agencies, Organizations, and Individuals

1. The head of an agency or organization, within their assigned tasks and powers, shall have the following responsibilities:

a) Organizing promotion and raising awareness about protecting and promoting the value of archival documents;

b) Directing the digitization, construction of archival document databases; managing archival documents, archival document databases, and organizing archival activities according to the provisions of the law;

c) Directing current archives to submit files and documents to historical archives in full components and within deadlines;

d) Being responsible for selecting organizations and individuals providing archival services for archival documents under their management authority.

2. The head of historical archives has the responsibility to ensure necessary conditions for agencies, organizations, and individuals to access timely and fully information in archival documents when needed.

3. The Minister of National Defense, the Minister of Public Security, and the Minister of Foreign Affairs shall fulfill the responsibilities specified in Points a, b, and d, Clause 1, Article 59 of this Law, and the following responsibilities:

a) Establishing archival regulations suitable to organizational structure, functions, and tasks after obtaining the unified opinion of the Minister of Home Affairs;

b) Setting up specialized storage facilities to manage archival documents within their scope of management;

c) Compiling lists of permanent file and document archives within their scope of management, excluding those containing state secrets, and updating annually and sending to the Ministry of Home Affairs.

4. Civil servants, public officials, and employees have the responsibility to submit files and documents to current archives according to legal requirements and deadlines.

Article 60. Funding for Archives Preservation

The funding for archives preservation of state agencies, political organizations, Vietnam Fatherland Front Committee, socio-political organizations, people's armed forces units, historical archives shall be guaranteed by the state budget and used for the following activities:

1. Receiving and collecting archival files and documents;

2. Arranging, determining value, and compiling indexes of archival files and documents;

3. Preserving, storing reserves, ensuring safety and security of information, and statistics of archival materials;

4. Digitizing, building, and standardizing archival data bases;

5. Utilizing the value of archival materials;

6. Researching, applying science, and transferring archiving technology;

7. Developing human resources in archiving;

8. International cooperation on archiving;

9. Building and arranging storage facilities; technical infrastructure, information technology infrastructure for archiving;

10. Purchasing archiving equipment and means;

11. Other activities serving archiving.

Article 61. Archivists

Archivists working at state agencies, political organizations, Vietnam Fatherland Front Committee, socio-political organizations, state-owned enterprises, public service units, people's armed forces units shall enjoy preferential treatment for their profession, job, and other policies according to the provisions of the law.

Article 62. International Cooperation on Archiving

1. International cooperation on archiving is carried out based on respecting independence, sovereignty, equality, mutual benefits as stipulated by Vietnamese law and consistent with international treaties to which the Socialist Republic of Vietnam is a member.

2. Contents of international cooperation on archiving include:

a) Signing and implementing international treaties, agreements on archiving;

b) Joining international organizations on archiving;

c) Building and implementing international cooperation programs and projects on archiving;

d) Exchanging and cooperating on archive management and archiving practices;

đ) Coordinating with foreign agencies and organizations to organize exhibitions and displays of archival materials about Vietnam;

e) Researching, applying, and transferring archiving science and technology;

g) Cooperating in protecting Vietnamese archival materials abroad;

h) Cooperating in developing human resources and exchanging archiving experts;

i) Exchanging and sharing archival materials to enhance the value of archival materials.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 63. Amending and Supplementing Certain Articles of Related Laws

1. Supplementing industry number 229 after number 228 in Appendix IV on the List of Industries and Trades Subject to Investment Conditions issued together with the Investment Law No. 61/2020/QH14, which has been amended and supplemented by Laws No. 72/2020/QH14, No. 03/2022/QH15, No. 05/2022/QH15, No. 08/2022/QH15, No. 09/2022/QH15, No. 20/2023/QH15, No. 26/2023/QH15, No. 27/2023/QH15, No. 28/2023/QH15, and No. 31/2024/QH15 as follows:

2. Supplementing number 10 after number 09 in Section V Part B of Appendix 01 on the List of Fees and Charges issued together with the Law on Fees and Charges No. 97/2015/QH13, which has been amended and supplemented by Laws No. 09/2017/QH14, No. 23/2018/QH14, No. 72/2020/QH14, No. 16/2023/QH15, No. 20/2023/QH15, and No. 24/2023/QH15 as follows:

Article 64. Effective Date

1. This Law shall take effect from July 1, 2025.

2. Law on Archives No. 01/2011/QH13 shall cease to be effective from the date this Law comes into effect, except for the cases provided for in Points a, b, c, and d of Clause 1, Clause 5, and Clause 6 of Article 65 of this Law.

Article 65. Transitional Provisions

1. From the date this Law comes into effect:

a) Within ten years, the People's Committee of the province shall be responsible for organizing the implementation of the arrangement and determination of the value of documents according to the provisions of Law on Archives No. 01/2011/QH13 and submitting them to the national historical archives at the provincial level for documents with permanent preservation value formed during the operation of the People's Councils and People's Committees at the commune level before the date this Law comes into effect;

b) Within five years, agencies and organizations subject to submission under the provisions of Law on Archives No. 01/2011/QH13 must complete the arrangement and determination of the value of documents according to the provisions of Law on Archives No. 01/2011/QH13 for documents formed before the date this Law comes into effect but not yet arranged according to the provisions of Law on Archives No. 01/2011/QH13, and submit them to the historical archives as prescribed by this Law;

c) Within ten years, the historical archives must complete the arrangement and determination of the value of documents according to the provisions of Law on Archives No. 01/2011/QH13 for documents currently being preserved in the historical archives but not yet arranged according to the provisions of Law on Archives No. 01/2011/QH13;

d) Organizations and individuals meeting the conditions to provide document arrangement services according to the provisions of Law on Archives No. 01/2011/QH13 and organizations and individuals providing archival business advisory services according to this Law may carry out the arrangement and determination of the value of documents as stipulated in Points a, b, and c of this clause;

e) Within five years, agencies and organizations that have determined state secrets shall be responsible for taking the lead and coordinating with the historical archives to implement the declassification of documents submitted to the historical archives according to the laws on protecting state secrets. The declassification of archival documents submitted to the historical archives in cases where the agency determining state secrets is no longer operational shall be carried out according to the laws on protecting state secrets and the provisions of Clause 2 of this Article.

2. In cases where the agency determining state secrets is no longer operational as stipulated in Point e of Clause 1 of this Article, the declassification of archival documents shall be regulated as follows:

a) The head of the agency advising the Minister of Home Affairs and the Chairman of the People's Committee of the province in charge of state management of archives shall decide on the declassification of archival documents when necessary to meet practical requirements for protecting national interests and the people's interests; developing the economy and society; international integration and cooperation;

b) The head of the historical archives shall implement methods to determine the declassification of archival documents when the documents are no longer included in the list of state secrets;

c) Declassification of archival documents shall not be carried out if it could cause harm to national interests and the people's interests.

3. The destruction of archival documents containing state secrets submitted to the historical archives before the date this Law comes into effect shall be regulated as follows:

a) The Minister of Home Affairs decides on the destruction of documents at the central national historical archives; the Chairman of the People's Committee of the province decides on the destruction of documents at the provincial national historical archives;

b) Archival documents containing state secrets shall be destroyed in the following cases: when there is no need to retain them and the destruction of the documents does not cause harm to national interests and the people's interests; if the documents are not destroyed, they will cause harm to national interests and the people's interests;

c) The destruction of archival documents containing state secrets must comply with the requirements stipulated by the laws on protecting state secrets.

4. Documents with a retention period stored in the historical archives before the date this Law comes into effect shall continue to be retained until the end of their retention period.

5. Certificates of practice in archives issued according to the provisions of Law on Archives No. 01/2011/QH13 shall continue to be used until their expiration date as indicated on the Certificate.

6. For files and documents with permanent preservation value belonging to agencies and organizations subject to submission to the historical archives formed before the date this Law comes into effect, the deadline for submission to the historical archives shall be implemented according to the provisions of Law on Archives No. 01/2011/QH13 but not later than July 1, 2030.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 15th term, seventh session, on June 21, 2024.