National Archives Law No. 34/2001/PL-UBTVQH10

ORDINANCE

National Archives

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National archival documents are the heritage of the nation, having special value to the cause of building and defending the socialist Fatherland of Vietnam.

To ensure the safety and effective use of national archival documents; enhance the responsibility of state agencies, political organizations, socio-political organizations, social organizations, occupational organizations, economic organizations, people's armed units, and all citizens for protecting, managing, and using national archival documents;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;

Based on the Resolution of the 10th National Assembly, 8th Session regarding the Law and Ordinance Building Program for 2001;

This Ordinance stipulates on national archives.

Chapter I

GENERAL PROVISIONS

Article 1

National archival documents are documents with political, economic, defense, security, diplomatic, cultural, educational, scientific, and technological values formed during various historical periods of the Vietnamese nation, in the course of activities of state agencies, political organizations, socio-political organizations, social organizations, occupational organizations, economic organizations, people's armed units (hereinafter referred to collectively as agencies and organizations), and prominent historical figures serving research on history, science, and practical activities.

National archival documents must be original copies recorded on paper, film, photographs, video tapes, video discs, audio tapes, audio discs, or other information carriers; in cases where the original copies are no longer available, they may be replaced by legally certified copies.

Article 2

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

1. "National Archive of Vietnam" refers to the entire set of archival materials of the Socialist Republic of Vietnam, regardless of time, origin, social system, place of preservation, or technical means of production.

The National Archive of Vietnam includes the Communist Party of Vietnam Archive and the State of Vietnam Archive.

2. "Communist Party of Vietnam Archive" refers to the entire set of archival materials formed during the activities of the agencies and organizations of the Communist Party of Vietnam, its predecessor organizations, and socio-political organizations; documents about the life, career, and activities of President Ho Chi Minh, prominent historical figures of the Party, and prominent historical figures who are also key leaders of the State and socio-political organizations.

3. "State of Vietnam Archive" refers to the entire set of archival materials formed during the activities of state agencies, social organizations, occupational organizations, economic organizations, people's armed units, prominent historical figures, and other documents with value in the fields specified in Article 1 of this Ordinance.

4. "Documentary records" refer to written documents and other materials formed during the activities of agencies and organizations.

5. "Current archive" refers to the archival department within an agency or organization responsible for collecting, preserving, and providing access to archival documents received from units within the agency or organization.

6. "Historical archive" refers to the archival institution responsible for collecting, long-term preservation, and providing access to archival documents received from current archives and other sources.

7. "Archival document insurance" refers to the implementation of measures such as copying and specialized storage of particularly valuable and rare archival documents separate from the originals to protect their safety.

Article 3

National archives operate under the leadership of the Party and unified management by the State.

National archival documents must be managed uniformly in accordance with the provisions of the law.

The State invests appropriate funds to meet the requirements of managing national archival documents.

Article 4

The State encourages expanding cooperation with foreign organizations and individuals in collecting, managing, protecting, exploiting, and using national archival documents based on respecting national independence and sovereignty, equality, mutual benefit, and compliance with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

Article 5

1. Personal, family, and clan documents with value as specified in Article 1 of this Ordinance shall be registered and protected by the State; archival institutions have the responsibility to guide and assist in preservation techniques.

2. The State encourages the donation or depositing of personal, family, and clan documents to archival institutions; in cases of selling such documents, notification must be given to the archival institution, and priority should be given to selling them to the archival institution.

3. The transfer of documents specified in Clause 1 of this Article out of the country must comply with the provisions of the law.

Article 6

1. The head of an agency or organization within their scope of duties and authority is responsible for directing archival work and applying science and technology to modernize archival work, enhancing the effectiveness of collecting, managing, protecting, and exploiting and using national archival documents.

2. Archival staff are responsible for collecting, managing, ensuring the safety of, and facilitating the exploitation and use of national archival documents.

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

Agencies, organizations, and individuals have the right to exploit and use national archival documents to serve work needs, scientific research, and other legitimate needs; at the same time, they have the responsibility to implement the provisions of this Ordinance and other relevant laws.

Article 8

The collection, management, protection, exploitation, use, and publication of national archival documents classified as state secrets and particularly valuable and rare documents are carried out in accordance with the provisions of the law.

Article 9

Strictly prohibited are acts of illegally holding, destroying, damaging, or using national archival documents for purposes contrary to the interests of the State, the rights, and legitimate interests of organizations and individuals.

Chapter II

MANAGEMENT AND USE OF ARCHIVAL DOCUMENTS

Section 1: COLLECTION, MANAGEMENT AND PROTECTION OF DOCUMENTS

Article 10

Documents of any agency or organization must be registered and managed within that agency or organization.

Article 11

Agencies, organizations, and individuals during the process of drafting, promulgating documents, and using archival documents must establish files and ensure their safety.

Archival documents with storage value of any agency or organization must be submitted to the current archive of that agency or organization according to the time limit specified in Clause 1 of Article 14 of this Ordinance.

Article 12

The authority to collect documents belonging to the National Archive of Vietnam is defined as follows:

1. The Party's archive collects documents belonging to the Archive of the Communist Party of Vietnam.

The authority to collect documents belonging to the Archive of the Communist Party of Vietnam at all levels shall be determined by the competent Party body based on the proposal of the central archive body.

2. The State's archive collects documents belonging to the State Archive of Vietnam.

The authority to collect documents belonging to the State Archive of Vietnam at all levels shall be determined by the Government based on the proposal of the central archive body.

Article 13

1. The head of the agency or organization decides on the selection of archival documents for submission to the current archive, the selection of current archival documents for submission to the historical archive, and the removal of expired documents for destruction upon the recommendation of the Document Value Determination Council.

The Document Value Determination Council is established by the head of the agency or organization.

2. The selection of historical archival documents for preservation and the removal of expired documents from the historical archive for destruction is proposed by the Document Value Review Council to the competent authority for decision in accordance with the Government's regulations.

The Document Value Review Council is established by the head of the central archive body.

Article 14

The deadline for submitting archival documents is defined as follows:

1. One year after the relevant work involving archival documents has ended, archival documents with storage value must be submitted to the current archive.

2. The deadline for submitting archival documents from the current archive of agencies and organizations to the historical archive is defined as follows:

a) Ten years after the archival documents are submitted to the current archive of central agencies and organizations;

b) Five years after the archival documents are submitted to the current archive of local agencies and organizations;

3. The Government determines the deadlines for submitting archival documents of the Ministry of Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, and other agencies and organizations; archival documents related to science and technology, literature and art; archival documents recorded on film, photographs, video tapes, audio tapes, and other carriers upon the proposal of the central archive body.

Article 15

1. In cases where agencies and organizations are dissolved, enterprises go bankrupt, before ceasing operations, the heads of these agencies, organizations, and enterprises must manage and submit archival documents according to the following provisions:

a) Archival documents of agencies and organizations belonging to the source of historical archives must be submitted to the historical archive;

b) Archival documents of agencies and organizations not belonging to the source of historical archives must be submitted to the archive of the superior agency or organization.

2. In cases where agencies and organizations are divided or merged, when dividing or merging, the heads of these agencies and organizations must manage and submit archival documents according to the regulations of the central archive body.

3. In cases where administrative units are divided or merged, the management and submission of archival documents shall be regulated by the Government.

Article 16

1. The destruction of expired documents must be carried out strictly in accordance with the procedures prescribed by the central archive body and must ensure the complete destruction of information contained in those documents.

2. The destruction of expired documents must be documented. The file on the destruction of expired documents includes:

a) A report on the destruction of expired documents;

b) A list of expired documents;

c) Minutes of the meeting of the Document Value Determination Council;

d) The decision to destroy expired documents by the authorized person;

e) Minutes of the document destruction and related documents.

The file on the destruction of expired documents must be kept by the agency or organization whose documents were destroyed for at least twenty years from the date of destruction.

Article 17

1. Archival documents must be safely stored in the archive warehouse.

2. Historical archival documents must be stored in specialized archive warehouses.

3. Particularly valuable and rare archival documents must be stored under document insurance conditions.

Standards for various types of archive warehouses and document insurance conditions are prescribed by the central archive body.

Section 2: USE OF RECORDS

Article 18

1. Historical records stored in historical archives shall be widely exploited and utilized for research purposes throughout society, except for records classified as state secrets and particularly valuable and rare records.

2. The head of the historical archive must announce and introduce the list of records available for exploitation and utilization.

Article 19

Particularly valuable and rare records; records at risk of damage may only be exploited and utilized through copies.

Article 20

1. The authority to permit the exploitation and utilization of national records for agencies, organizations, and individuals within the country is defined as follows:

a) The head of the agency or organization permits the exploitation and utilization of records preserved in their own archives;

b) The head of the National Archive Center permits the exploitation and utilization of records preserved at the National Archive Center, except for records classified as state secrets and particularly valuable and rare records.

2. The permission for foreign organizations and individuals to exploit and utilize national records is carried out according to the provisions of the law.

Article 21

1. Agencies, organizations, and individuals within the country may take records out of the country for official activities, scientific research, and other legitimate needs after obtaining permission from the competent authority and must return the records intact.

2. It is strictly prohibited to take particularly valuable and rare records out of Vietnam's territory; in special cases, with permission from the competent state authority, only copies may be taken.

Article 22

1. Any agency or organization that permits the exploitation and utilization of records also permits the copying of those records.

2. The archive agency issues certification for records.

Procedures for copying records and the authority to issue certification for records are stipulated by the central archive agency.

Article 23

The publication of records belonging to the Vietnamese National Archives Repository is regulated as follows:

1. The Party's competent authority regulates the publication of records belonging to the Communist Party of Vietnam Archives Repository;

2. The Government regulates the publication of records belonging to the Vietnamese State Archives Repository.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

Fees for the exploitation and utilization of records are implemented according to the provisions of the law.

Chapter III

STATE MANAGEMENT OF ARCHIVES

Article 25

The content of state management over archives includes:

1. Developing and directing the implementation of planning and plans for archival development;

2. Drafting, issuing, and organizing the implementation of legal documents on archives;

3. Uniformly managing national records;

4. National statistics on archives;

5. Uniformly managing professional and technical matters related to archives;

6. Organizing and directing scientific research and the application of scientific and technological achievements in archival activities;

7. Training and enhancing cadres, civil servants, and archivists; managing competition, commendation, and reward work in archival activities;

8. Inspecting, supervising, resolving complaints and denunciations, and handling violations of the law on archives;

9. International cooperation in archives.

Article 26

1. The Government uniformly manages state affairs concerning archives.

2. The central archive agency has the function of advising the Party and is responsible to the Government for implementing state management over archives.

The organization, tasks, and powers of the central archive agency are stipulated by the Government.

Article 27

Agencies and organizations within the scope of their duties and powers are responsible for managing archival work.

Chapter IV

REWARD AND VIOLATION HANDLING

Article 28

Agencies, organizations, and individuals who have achievements in collecting, managing, and protecting records; discovering, submitting, and donating valuable records, particularly valuable and rare records to the archive agency shall be rewarded according to the provisions of the law.

Article 29

1. Anyone who illegally possesses, destroys, damages national records or engages in other acts violating the provisions of this Ordinance shall be subject to administrative penalties or criminal responsibility depending on the nature and degree of violation; if causing damage, they must compensate according to the law.

2. Anyone who abuses their position or power to violate the provisions of this Ordinance shall be subject to disciplinary action or criminal responsibility depending on the nature and degree of violation; if causing damage, they must compensate according to the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 30.

This Ordinance shall take effect from July 1, 2001.

This Ordinance replaces the Ordinance on the Protection of National Records which was approved by the State Council on November 30, 1982.

Previous regulations contrary to this Ordinance are abolished.

Article 31

The Government shall provide detailed regulations and guidance for the implementation of this Ordinance./.