Circular No. 46/2005/TT-BNV guiding the management of documents when dividing, separating, merging agencies, organizations, administrative units, and restructuring state-owned enterprises and changing their ownership forms.

CIRCULAR

Guidelines for managing documents when dividing, separating, merging, restructuring, and changing ownership forms of state-owned enterprises.
agencies, organizations, administrative units, and reorganizing.
converting state-owned enterprises' ownership forms.

Pursuant to Article 9 of Decree No. 111/2004/NĐ-CP dated April 8, 2004, issued by the Government, detailing the implementation of certain provisions of the National Archives Law, the Ministry of Home Affairs issues guidelines on managing archival documents in cases of division, separation, merger of agencies, organizations, administrative units, restructuring, and changing ownership forms of state-owned enterprises as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

These guidelines provide guidance on managing documents when dividing, separating, merging agencies, organizations, administrative units, restructuring, and changing ownership forms of state-owned enterprises.

2. Scope of application.

These guidelines apply to state agencies, political-social organizations, social organizations, social-professional organizations, state economic organizations, and people's armed forces units (hereinafter referred to collectively as agencies and organizations).

3. Explanation of terms.

In this Circular, certain terms are understood as follows:

3.1. Division, separation, and merger of new agencies and organizations;

- Dividing an agency or organization to form new agencies or organizations;

- Separating one or more parts of an agency or organization to merge with another agency or organization;

- Merging an agency or organization with another agency or organization (or consolidating one agency or organization to form a new agency or organization).

3.2. Division, separation, and merger of provincial, municipal, district, town, commune, ward, township administrative units (hereinafter referred to collectively as province, district, commune) include:

- Dividing a province, district, or commune to form new provinces, districts, or communes: dividing a province to form new provinces, a district to form new districts, and a commune to form new communes.

- Separating and merging a province, district, or commune to another province, district, or commune: adjusting a district of this province to other provinces, a commune of this district to other districts, part of natural area and population (village, hamlet, village, village) of this commune to be managed by another commune.

- Merging (or consolidating) a province, district, or commune to form new provinces, districts, or communes: merging (or consolidating) this province with another province to form a new province, this district with another district to form a new district, this commune with another commune to form a new commune.

3.3. Restructuring state-owned enterprises without changing ownership includes: dividing, separating, merging, consolidating state-owned companies; converting state-owned companies into limited liability companies wholly owned by the state, or limited liability companies with two or more shareholders owned by the state; transferring state-owned companies decided to be invested and established by the state to companies self-invested and established; contracting out, leasing state-owned companies and other forms prescribed by law (as stipulated in Article 73 of the State Enterprise Law 2003).

3.4. Changing ownership forms of state-owned enterprises includes: shareholding of state-owned companies; selling all of a state-owned company; selling part of a state-owned company to establish a limited liability company with two or more shareholders, including one shareholder representing the state's ownership interest; entrusting a state-owned company to a group of workers to convert it into a joint-stock company or cooperative (as stipulated in Article 80 of the State Enterprise Law 2003).

3.5. Agencies and organizations that submit documents to historical archives are those agencies and organizations specified by competent authorities under current laws.

4. Requirements for managing documents.

All files and documents formed during the operation of agencies and organizations when agencies, organizations, administrative units divide, separate, merge; state-owned enterprises restructure and change ownership forms must be managed according to the following requirements:

- Centralized and unified management principle: The receipt, arrangement, statistics, handover of files and documents within agencies and organizations and from agencies and organizations to historical archives must be carried out uniformly in accordance with current archival regulations.

- Ensuring the non-dispersal principle: Documents formed during the operation of any agency or organization must be statistically recorded and preserved according to the archive repository of that agency or organization.

- Facilitating the preservation and research use of archival documents.

II. SPECIFIC GUIDELINES

When an agency or organization has a decision to change within the scope regulated by these guidelines, all completed files and documents of units and individuals within the agency or organization must be handed over and stored in the current archive of the agency or organization to proceed with classification, arrangement, value determination, and statistical compilation into a file directory as prescribed. Thereafter, the management of files and documents will be uniformly implemented as follows:

1. Managing documents when dividing, separating, and merging agencies and organizations.

1.1. When dividing an agency or organization to form new agencies or organizations.

a) If the agency or organization before division belongs to the source of submitting documents to historical archives:

- Archival documents to be submitted are handed over to the competent historical archives.

- Documents not required to be submitted: the newly established agency continues to manage the old office. If none of the newly established agencies accept the old office, or if they all accept the old office: the management of old documents is decided by the superior agency.

- Documents concerning ongoing matters: the newly established agency currently responsible for continuing to handle such matters accepts them for continued follow-up.

b) If the agency or organization before division does not belong to the source of submitting documents to historical archives:

- Completed documents concerning resolved matters: the newly established agency continues to manage the old office. If none of the newly established agencies accept the old office, or if they all accept the old office: the management of old documents is decided by the superior agency.

- Documents concerning ongoing matters: the newly established agency currently responsible for continuing to handle such matters accepts them for continued follow-up.

1.2. When separating or merging some parts of an agency or organization into another agency or organization.

- All completed documents concerning resolved matters of the separated part: return to the old agency's archive for management according to the non-dispersal principle of the archive repository.

- Documents and files concerning matters not yet resolved by the department to be separated shall be transferred to the new agency for continued monitoring and resolution.

1.3. When merging an agency or organization into another agency or organization (or consolidating several agencies or organizations to form a new agency or organization)

a) If the old agency or organization belongs to the source of documents to be submitted to historical archives.

- Documents and files that have reached the submission deadline shall be submitted to the competent historical archive.

- Documents and files that have not yet reached the submission deadline shall be transferred to the new agency.

- Documents and files not subject to submission and those currently being processed shall be transferred to the new agency.

b) If the old agency or organization does not belong to the source of documents to be submitted to historical archives: all documents and files shall be transferred to the new agency.

2. Management of documents when dividing, separating, or merging administrative units

2.1. When dividing provinces, districts, communes into new provinces, districts, and communes.

2.1.1. When dividing a province into new provinces.

a) For archival repositories currently preserved at the provincial archive center being divided:

- If the divided province is re-established from the previous provinces: archival repositories belonging to the old province shall be returned to the newly established province.

- Archival repositories belonging to the divided province shall be received and managed by the new province continuing the management of the former province's headquarters.

b) For agencies and organizations under the management scope of the divided province: document management shall be applied as when dividing agencies or organizations into new agencies or organizations (Part II Section 1.1 of this Circular).

c) For districts and communes under the divided province:

- If the district or commune retains its original administrative unit: document management will not change.

- If the district or commune is divided and merged into another district or commune: document management shall be applied as in Part II Section 2.2 of this Circular.

2.1.2. When dividing a district into new districts

Document management shall be applied as when dividing a province into new provinces (Part II Section 2.1.1 of this Circular).

2.1.3. When dividing a commune into new communes

Current documents and files of the divided commune shall be received and managed by the new commune continuing the management of the former commune's headquarters.

2.2. When dividing and merging a province, district, or commune into another province, district, or commune

2.2.1. When adjusting a district of one province to be managed by another province

- If the district is adjusted to be managed by another province but retains its original district administrative unit: document management of the district will not change.

- If the district of one province is adjusted to be merged into a district of another province: document management shall be applied as when two districts merge (or consolidate) (Part II Section 2.3 of this Circular).

2.2.2. When adjusting a commune of one district to be managed by another district

Document management shall be applied as when dividing and merging a district of one province into another province (Part II Section 2.2.1 of this Circular).

2.2.3. When adjusting part of the natural area and population of one commune to be managed by another commune

All documents and files regarding the adjusted area and population shall continue to be managed by the original commune.

2.3. When merging (or consolidating) provinces, districts, or communes to form new provinces, districts, or communes.

a) For archival repositories currently preserved at the provincial archive centers of the old provinces: document statistics shall be conducted according to the archival repository and centralized preservation at the new provincial archive center.

b) For agencies and organizations under the management scope of the merged provinces: document management shall be applied as when merging (or consolidating) agencies or organizations to form new agencies or organizations (Part II Section 1.3 of this Circular).

c) For districts and communes under the old provinces

- If the district or commune retains its original administrative unit: document management within the district or commune will not change.

- If the district or commune has divisions or mergers: document management shall be implemented as stipulated in the corresponding sections of this Circular.

2.3.2. When merging (or consolidating) several districts to form a new district.

Document management shall be applied similarly as when merging (or consolidating) several provinces to form a new province (Part II Section 2.3.1 of this Circular).

2.3.3. When merging (or consolidating) several communes to form a new commune

Current documents and files of the old communes shall be centralized for preservation at the new commune.

3. Management of documents when restructuring or changing the ownership form of state-owned enterprises

3.1. When restructuring state-owned enterprises without changing the ownership of the enterprise

a) When restructuring state-owned enterprises through division, merger, or consolidation: document management shall be applied as when dividing, separating, or merging (or consolidating) agencies or organizations (Part II Section 1 of this Circular).

b) When restructuring state-owned enterprises through forms such as converting state-owned companies into limited liability companies with one member or more than two members; converting state-owned holding companies into companies established by investment companies; leasing state-owned companies and other forms prescribed by law: document management shall continue to be applied as for other state agencies or organizations.

3.2. When changing the ownership form of state-owned enterprises while the state continues to hold controlling shares.

Document management of the enterprise shall continue to be applied as for other state agencies or organizations.

3.3. When changing the ownership form of state-owned enterprises where the state no longer holds controlling shares.

a) For state-owned enterprises before ownership transfer that belong to the source of documents to be submitted to historical archives.

- Documents and files subject to submission during the period before ownership transfer shall be submitted to the competent historical archive.

- Documents and files not subject to submission shall continue to be managed by the enterprise.

b) For state-owned enterprises before ownership transfer that do not belong to the source of documents to be submitted to historical archives: all documents and files shall continue to be managed by the enterprise.

III. IMPLEMENTATION

1. Responsibilities of historical archives at various levels

In cases where the Catalogue of sources for submitting historical archives includes instances of agencies, organizations splitting, merging, or state-owned enterprises restructuring or changing ownership forms, such historical archives must organize guidance and inspection of document preparation by the agencies and organizations, and implement the receipt of documents into the historical archive according to regulations.

2. Responsibilities of the head of the superior management agency, the head of the agency, organization, administrative unit when splitting or merging; of state-owned enterprises when restructuring or changing ownership form.

Direct the implementation of document management in accordance with the provisions and guidelines set forth in this Circular.

3. Current archival responsibilities of agencies and organizations.

Assist the head of the agency or organization in guiding the arrangement, statistics, and sorting of documents, and completing procedures for submitting documents to current archives and historical archives as prescribed.

4. Responsibilities of units and individuals within agencies and organizations.

Carry out the arrangement, statistics of all case files and documents, and submit case files and documents to the current archives of the agency or organization according to regulations.

This Circular takes effect fifteen days from the date of publication in the Official Gazette. Previous regulations and guidelines that conflict with those in this Circular are hereby abolished.

Any issues encountered during implementation should be reported to the Ministry of Home Affairs./.