Decision No. 371/QD-BNN-VP on the exploitation and use of archival materials of the Ministry of Agriculture and Rural Development

Pursuant to …;
Issuing regulations on the exploitation and utilization of archival materials of the Ministry of Agriculture and Rural Development
rural area

______________________________

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the National Archives Law issued by the Standing Committee of the National Assembly, Session X on April 4, 2001;

Pursuant to Decree No. 111/2004/ND-CP dated April 8, 2004 of the Government detailing the implementation of certain provisions of the National Archives Law;

The Minister of Industry and Trade promulgates the Circular amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade."

DECISION:

Article 1. This Decision promulgates regulations on the exploitation and utilization of archival materials of the Ministry of Agriculture and Rural Development.

Article 2. This Decision takes effect from the date of signature.

Previous regulations contrary to this Decision are hereby abolished.

Article 3. The Director of the Ministry's Office, Heads of units under the Ministry, and related organizations and individuals are responsible for implementing this Decision.

REGULATIONS

ON THE EXPLOITATION AND UTILIZATION OF ARCHIVAL MATERIALS OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

(Issued together with Decision No. 371/QD-BNN-VP dated January 28, 2008 of the Minister of Agriculture and Rural Development)

_____________________________

Chapter I.

GENERAL PROVISIONS

Article 1. Scope of Regulation

These regulations stipulate the exploitation and utilization of archival materials at the Ministry of Agriculture and Rural Development.

Current archival materials at the Ministry of Agriculture and Rural Development are state assets that must be managed safely and utilized effectively.

Article 2. Applicability

Organizations and individuals within and outside the sector; foreign organizations and individuals working in Vietnam (hereinafter referred to as users) are allowed to exploit and utilize archival materials at the Ministry of Agriculture and Rural Development when they meet the conditions set forth in Article 6 of these regulations.

Article 3. Principles of Exploitation and Utilization of Archival Materials

1. Not causing damage to national interests.

2. Ensuring the preservation of state secrets.

3. Ensuring the safety of archival materials.

4. Meeting the legitimate needs of organizations and individuals exploiting and utilizing archival materials.

Article 4. Responsibilities of Users of Archival Materials

Users of archival materials are responsible for complying with the current laws on the exploitation and utilization of archival materials, regulations of the Ministry of Agriculture and Rural Development, internal rules of the Office, and instructions from archivists.

Article 5. Responsibilities of the Ministry's Archive

1. The Ministry's Archive prepares registers, materials, receipt forms, and other necessary conditions to serve users.

2. The Ministry's Archive creates favorable conditions for users in accordance with the law and regulations of the Ministry of Agriculture and Rural Development.

Chapter II.

SPECIFIC PROVISIONS

Article 6. Procedures for Exploitation and Utilization of Archival Materials

1. For organizations and individuals within and outside the sector

a) Individuals exploiting and utilizing archival materials for their own agencies or units must have an introduction letter (or official document) from their organization specifying the purpose of exploitation and utilization.

b) Individuals exploiting and utilizing archival materials for personal purposes must submit a request form clearly stating the required archival materials and must be endorsed by their current workplace or local government where they reside, accompanied by a national identity card.

2. For foreign organizations and individuals

a) Individuals exploiting and utilizing archival materials for organizational or unit purposes must have an introduction letter (or official document) requesting the management of foreign individuals in Vietnamese, specifying the type of material and the purpose of exploitation and utilization.

b) Individuals exploiting and utilizing archival materials for personal purposes must submit a request form in Vietnamese, endorsed by the management of foreign individuals; the form must clearly state the name, nationality, passport number, required archival materials, and must be accompanied by a passport.

c) There must be a recommendation from the Department of International Cooperation of the Ministry of Agriculture and Rural Development.

Article 7. Procedures for Exploitation and Use of Specialized Archive Documents

1. Archive Documents on Investigation and Inspection Work

Organizations and individuals requiring exploitation and use of archive documents and files to serve inspection and investigation work must have an introduction letter from their current workplace and approval from the Inspector General of the Ministry.

2. For archive documents of Inspection Teams and documents resolving complaints and denunciations within the authority of the Inspector General and the Ministry Leadership, the following applies:

a) Inspection Teams established by the Ministry must have approval from the Ministry Leadership;

b) Inspection Teams established by the Inspector General of the Ministry must have approval from the Inspector General of the Ministry;

c) For documents resolving complaints and denunciations, they shall be implemented according to the provisions at Point a and Point b of Clause 2 of this Article.

3. Organizations and individuals requiring exploitation and use of archive documents on financial-accounting, organizational-staff matters, or other specialized documents must have approval from the Head of the unit managing such specialized documents for reading, copying, and photographing each specific document.

When the Archive Room hands over and receives the documents specified in Clause 3 of this Article with the person exploiting and using them, there must be a representative of the unit managing the specialized documents present as a witness.

Article 8. Authority to Approve Exploitation and Use of Archive Documents

1. The Ministry Leadership approves and decides on permission to exploit and use "Secret", "Top Secret", "Most Secret" documents and other important documents under the management of the Ministry Leadership.

2. The Minister's Office Director approves and decides on permission for archive documents concerning issues such as projects, scientific and technological topics, international cooperation documents, reports, administrative management documents, and other documents of the Ministry.

Article 9. Responsibilities of the Archive Room in Organizing Exploitation and Use of Documents

1. Implement fully the procedures prescribed by the Ministry, internal rules of the Archive Room, provide guidance, and create all favorable conditions for people exploiting and using archive documents at the Ministry.

2. Check the quantity and condition of documents when handing over to the person exploiting and using them, as well as when receiving returned documents.

3. Timely detect and propose handling of violations during exploitation and use of documents.

Article 10. Responsibilities of Individuals Exploiting and Using Archive Documents

1. Fully implement the procedures prescribed for exploitation and use of archive documents.

2. When receiving and returning documents, check the condition of the documents specifically and sign the document exploitation form.

3. Place personal items in designated areas, do not use personal computers or cameras while working in the Archive Room.

4. Do not arbitrarily change the arrangement of files and documents during exploitation and use.

5. Do not take documents out of the Archive Room without authorization.

6. Do not write or mark on documents without permission; do not erase or cut and tear documents.

7. Must return documents at the end of each day if exploitation and use span multiple days.

8. Must bear responsibility for the content information used subsequently.

9. Do not use equipment and facilities of the Archive Room without authorization.

10. When damaging or losing documents, bear responsibility for handling according to regulations of the Ministry of Agriculture and Rural Development, laws, and state regulations.

Article 11. Copying and photographing archival documents

1. When there is a need to copy or photograph archival documents, the user must submit a request and obtain approval from the authorized person as stipulated in Article 8 of this Regulation.

2. The copying and photographing of documents can only be carried out in the Archive Room.

Article 12. Rewards and Handling Violations

1. Organizations and individuals who have achievements in implementing regulations on the exploitation and use of archival documents of the Ministry shall be rewarded according to the provisions of the State.

2. Organizations and individuals who violate the regulations on the exploitation and use of archival documents of the Ministry shall be subject to administrative disciplinary measures, criminal liability pursued, and if material damage is caused, they must compensate according to the provisions of the Law, depending on the level of violation.

Chapter III.

IMPLEMENTATION

Article 13. Responsibilities of the Ministry's Office

1. The Ministry's Office is responsible for disseminating, organizing, and inspecting the implementation of this Decision in agencies and units under the Ministry.

2. The Ministry's Office shall report periodically every six months and annually on the situation of the exploitation and use of archival documents; develop plans to review and draw lessons from the implementation, and promptly submit to the Ministry's leadership for supplementation and amendment.