Decision No. 48/2003/QĐ-BVHTT Issuing the Regulation on Management of Staff Files and Administrative Files in Agencies and Units under the Ministry of Culture and Information

DECISION OF THE MINISTER OF CULTURE AND INFORMATION

Issuing the Regulation on Management of Cadre Files and Administrative Files

in agencies and units under the Ministry of Culture and Information

 

THE MINISTER OF CULTURE AND INFORMATION

Pursuant to Decree No. 63/2003/NĐ-CP dated June 11, 2003, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

Based on the Regulation on Management of Cadre Files No. 01-QCTC/TW dated January 7, 1997 issued by the Central Organization Department;

At the proposal of the Director of the Cadre and Civil Servant Department,

 

DECISION:

Article 1. This Decision promulgates the "Regulation on Management of Cadre Files and Administrative Files in Agencies and Units under the Ministry of Culture and Information" attached hereto.

Article 2. Officials, civil servants, employees, and workers in administrative agencies, public service units, and state-owned enterprises under the Ministry shall re-declare and complete their personal files. Agencies and units under the Ministry shall organize the re-declaration and completion of cadre files and establish administrative files at their respective agencies and units according to the guidance and inspection of the Personnel and Cadre Affairs Department.

Article 3. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 4. The Director of the Office, Heads of the Personnel and Cadre Affairs Department, and Heads of agencies and units under the Ministry are responsible for implementing this Decision./.

 

 

 

 

REGULATIONS

Management of cadre files and administrative files in

agencies and units under the Ministry of Culture and Information

(Issued together with Decision No. 48/2003/QĐ-BVHTT

dated August 21, 2003 of the Minister of Culture and Information)

 

PART I

GENERAL PROVISIONS

Article 1.

This Regulation stipulates the management and use of:

1. Human resources files of cadres, civil servants, employees, and workers (hereinafter referred to as cadre files) in administrative agencies, public service units, and state-owned enterprises under the Ministry of Culture and Information;

2. Administrative files of administrative agencies, public service units, and state-owned enterprises under the Ministry of Culture and Information and temporary advisory organizations of the Ministry of Culture and Information.

Article 2.

1. Cadre files are legal documents reflecting comprehensively and truthfully the main aspects regarding origin, growth process, character, capability, style, family relations, social relations, and other related contents of individual cadres, civil servants, employees, and workers currently working or having worked in agencies and units under the Ministry of Culture and Information.

2. Documents within cadre files serve as authentic evidence clearly demonstrating human resource relationships; they form the basis for managing cadres, civil servants, employees, and workers; facilitate research, proposal making, and resolution of human resource matters.

Article 3.

1. Administrative files are legal documents reflecting comprehensively and truthfully the main aspects regarding formation history, development process, position, legal status, functions, tasks, powers, organizational structure, activity results, work relations, and other related contents of administrative agencies, public service units, and state-owned enterprises under the Ministry of Culture and Information and temporary advisory organizations of the Ministry of Culture and Information.

2. Documents within administrative files serve as authentic evidence clearly demonstrating internal relations; they form the basis for managing agencies and units; facilitate research, proposal making, and resolution of internal matters.

Article 4.

1. Cadre files and administrative files are important documents, a type of state asset under the management authority of the Minister of Culture and Information. The Minister delegates the authority to manage and use cadre files and administrative files within appropriate limits to the heads of agencies and units under the Ministry. Authority, responsibility, and scope of management of cadre files and administrative files are implemented in accordance with the provisions on分级管理干部工作组织的部颁规定。

2. Cadre files and administrative files must be strictly and scientifically managed, following confidential document regulations. No organization or individual may possess, hide, buy, destroy, or misuse documents in cadre files and administrative files. Any violation must be dealt with severely in accordance with the law.

Article 5.

1. Managing cadre files and administrative files is an important task of personnel and labor work in agencies and units under the Ministry.

2. Heads of agencies and units must regularly direct, urge, and inspect the management of cadre files and administrative files in accordance with the regulations of the Party, State, and the Ministry of Culture and Information.

 

Chapter II

CONTENTS OF THE FILES

Article 6.

Cadre files consist of the following main components:

1. Set of biographical files;

2. Set of human resources decision files;

3. Set of self-criticism and individual assessment files;

4. Set of diplomas, certificates, birth certificates;

5. File sheet and File control sheet.

Article 7.

The set of biographical files includes the original copies of the following documents:

1. Cadre biography book according to model 2a/TCTW. Cadres, civil servants, employees, and workers fill out truthfully, completely, clearly all contents in the biography; no erasing, correcting; no proxy writing; affixing a 4x6 photo, noting the date of declaration, place of declaration, solemnly declaring the truthfulness of the declaration, signing. The head of the agency or unit using the personnel conducts initial verification, confirms, and signs, stamps. The head of the agency or unit with authority to manage personnel conducts verification, confirms, and signs, stamps;

2. Brief biographies according to model 2b/TCTW. Cadres, civil servants, employees, and workers fill out all contents. The head of the agency or unit using the personnel conducts initial verification, confirms, and signs, stamps. The head of the agency or unit with authority to manage personnel conducts verification, confirms, and signs, stamps;

3. In some cases, the cadre management agency may write a summary of the biography according to model 2c/TCTW;

4. Supplementary biographies according to model 2d/TCTW. Cadres, civil servants, employees, and workers fill out all contents. The head of the agency or unit using the personnel conducts initial verification, confirms, and signs, stamps. The head of the agency or unit with authority to manage personnel conducts verification, confirms, and signs, stamps;

5. Other equivalent documents.

Article 8.

The set of human resources decision files includes the original copies of the following documents:

1. Decisions on recruitment, appointment to rank, transfer, acceptance, special assignment, transfer of position, reclassification of rank, reclassification of salary grade, promotion of salary grade, appointment to position, removal from position, resignation, retirement, commendation, disciplinary action, termination of employment...;

2. Labor contracts (if not a cadre or civil servant);

3. Reminders issued by the head of the agency with authority to manage personnel;

4. Documents related to recruitment, promotion, transfer, disciplinary actions, etc., such as: nomination recommendation letters, assessments, evaluations, consolidated trust survey forms, retirement announcements...;

5. Other files generated during the course of work;

6. Other documents of equivalent value.

Article 9.

The file of self-criticism and individual assessment includes the original copies of the following documents:

1. Annual performance evaluation form for officials, civil servants, public employees, and workers;

2. Periodic assessment forms issued by competent management agencies and user agencies;

3. Reports and assessment forms during work periods, study summaries, and training sessions;

4. Award achievement certificates;

5. Disciplinary records;

6. Self-criticism reports from officials, civil servants, public employees, and workers according to periodic requirements or requests from competent authorities;

7. Letters and complaints submitted by officials and people to leadership regarding grievances, proposals, or personal issues;

8. Investigation, verification, and conclusion documents from competent authorities concerning issues related to officials, civil servants, public employees, and workers, including recorded opinions of leaders and responsible persons confirmed by collective bodies or organizations;

9. Assessment and evaluation forms from staff monitoring officials;

10. Documents on personal interests, abilities, and character traits;

11. Other documents of equivalent value.

Article 10.

The file of credentials and certificates includes original or certified copies of the following documents:

1. Birth certificate;

2. Permanent household registration;

3. Academic degrees, titles, and certificates;

4. Certificates on state administration knowledge enhancement and political theory;

5. Certificates on vocational training and enhancement;

6. Regular health check-up certificates;

7. Other documents of equivalent value.

Article 11.

Personnel files such as personal history books, brief resumes, supplementary histories, official forms... used in subordinate agencies under the Ministry of Culture and Information shall be uniformly issued according to the model of the Central Organization Department.

Article 12.

Administrative files include the following documents:

1. Documents on the formation history and development process of the agency or unit; summary of the history of the agency or unit;

2. Documents and materials on seals and bank accounts;

3. Documents on the name, headquarters, position, legal status, functions, tasks, powers, organizational structure, working relationships... of the agency or unit;

4. Documents on planning, development plans, investment plans for the agency or unit; delegation of autonomy, budgeting, mechanism conversion, relocation...;

5. Lists of officials, civil servants, public employees, and workers and monthly salary tables for December each year;

6. Documents on rewards and punishments for the agency or unit;

7. Documents concluding inspections and audits of the agency or unit;

8. Criticism and reminders issued by the Minister (upon recommendation of the Cadre and Civil Service Department Director);

9. Decisions on appointment, dismissal of officials at or above department level, and other decisions on cadre work for heads and deputies of the agency or unit;

10. Minutes and resolutions of annual staff meetings or employee congresses of the agency or unit; collective labor agreements (if it is a state-owned enterprise);

11. Annual work summary reports and documents on the results of activities of the agency or unit;

12. Regulations, internal rules, procedures, and work processes within the agency or unit;

13. Documents on the establishment, organization, operation, dissolution of advisory and temporary organizations of the agency or unit;

14. Copies of decisions, resolutions, conclusions, minutes... related to or issued by grassroots Party organizations, Trade Unions, Youth, Women, Veterans...;

15. Other documents of equivalent value.

 

Chapter III

PERSONNEL FILE MANAGEMENT

Article 13.

1. The initial file creation process includes the following steps:

a. Opening the file;

b. Collecting documents according to the required content of the file;

c. Periodically supplementing and verifying documents as prescribed;

d. Arranging documents within the file.

2. The personnel file management units of agencies and units are responsible for organizing the initial file creation (for both personnel files and administrative files) according to the aforementioned process.

Article 14.

Documents included in the file may not be removed arbitrarily. Usage or removal must be carried out according to the prescribed procedures and regulations of this Charter.

Article 15.

1. Officials, civil servants, public employees, and workers in subordinate agencies under the Ministry must have complete and clear personnel files as stipulated by this Charter.

2. For newly recruited officials, civil servants, public employees, and workers, the responsible agency must guide and urge the creation of initial personnel files for them.

3. Probationary civil servants who fail to complete their personnel files will not be considered for formal appointment to positions. Workers on trial, short-term workers, or those on specific assignments who fail to complete their files will not be eligible for social insurance-covered contracts or recruitment as public service employees.

4. After completing the initial personnel file, the unit must register the file code with the Ministry of Culture and Information (through the Cadre and Civil Service Department). Personnel files are only considered valid after being assigned a file code by the Cadre and Civil Service Department Director, reviewed by the dedicated personnel file officer, and coded.

4.1. The Minister delegates the Cadre and Civil Service Department Director to establish file coding procedures, decide on issuing or revoking file codes for:

a. Officials, civil servants, public employees, and workers with fixed-term contracts of one year or more working in administrative agencies and subordinate public institutions;

b. Leaders from department level and above working in state-owned enterprises under the Ministry.

4.2. Other individuals shall be assigned file codes by the head of the agency or unit according to the provisions of this Charter.

Article 16.

1. Administrative agencies, public institutions, and state-owned enterprises under the Ministry must create administrative files to be kept at the Cadre and Civil Service Department and at the organizational and personnel units of the agency or unit for tracking purposes.

2. The Cadre and Civil Service Department creates and manages administrative files of advisory and temporary organizations of the Ministry of Culture and Information (committees, steering committees, working groups...) that use the seal of the Ministry of Culture and Information or a separate seal.

3. Subordinate organizations under the Ministry, when issuing documents related to the content of internal affairs files (as stipulated in Article 12 of this Regulation), in addition to complying with the regulations on submitting for official circulation, must also transfer copies into the internal affairs file of the directly responsible agency or unit (one copy at the Department of Organization and Cadres and one copy at the organizational cadre and labor department of that agency or unit).

Article 17.

1. When personnel files or internal affairs files are lost or damaged, the staff member directly managing the files must prepare a record, report to the competent authority, clearly identify the cause and responsibility, and take timely measures to address the situation.

2. The process of re-establishing files shall be carried out as if creating initial files and must be directly directed by the head of the agency authorized to manage the files. All materials for re-establishment must be thoroughly reviewed and verified.

3. Any corrections or amendments to events or data in personnel files must be examined and decided upon by the leadership collective of the agency managing cadres, civil servants, officials, and employees in accordance with the relevant laws.

 

Chapter IV

SUPPLEMENTATION AND VERIFICATION OF FILES

Article 18.

Materials within personnel files and internal affairs files must be supplemented regularly to reflect promptly any changes in cadres, civil servants, officials, employees, and agencies or units.

Article 19.

1. Supplementary materials for personnel files are submitted by cadres, civil servants, officials, and employees themselves according to annual supplementary requirements or upon request from the personnel management agency.

2. Supplementary materials for files may also be collected and gathered by the personnel management agency concerning issues related to cadres, civil servants, officials, and employees, and approved by the head of the personnel management agency for inclusion in the files.

3. All supplementary materials must clearly indicate the name, address of the person submitting or providing the material, the person making the copy, the source of the copy, the date of copying...

Article 20.

Agencies and units issuing or receiving documents must immediately transfer them into personnel files (after entering the outgoing and incoming document register or together with the submission for official circulation) the following documents:

1. Decisions regarding recruitment, appointment to rank, acceptance, transfer, temporary assignment, and transfer of position;

2. Decisions regarding appointment to position, removal from position, resignation from position (along with related documents on verification, investigation, summary of trust votes, seeking opinions...);

3. Decisions on reclassification of rank, reclassification of salary grade, promotion of salary grade;

4. Decisions on commendation, disciplinary action, and certificates of commendation, disciplinary records...;

5. Decisions on training and development;

6. Annual assessment and evaluation reports;

7. Verification and investigation records of file materials, conclusions of incidents...;

8. Reports of accusations already concluded;

9. Labor contracts (if not a cadre or civil servant).

Article 21.

Within their scope of responsibilities and tasks, all organizations and individuals have the responsibility to collect, search for, submit for storage, or provide supplementary materials for internal affairs files of agencies and units and personnel files related to them.

2. Cadres, civil servants, officials, and employees must collect, search for, submit for storage, or provide supplementary materials for their own personnel files.

3. Heads of agencies and units are responsible for organizing the collection, search, and submission for storage of supplementary materials for personnel files and internal affairs files of their agencies and units.

4. Departments managing personnel files and internal affairs files must maintain registers to track and update changes in personnel and internal affairs; regularly gather and provide promptly materials related to changes concerning cadres under higher-level management currently working in their units.

Article 22.

1. The verification and investigation of materials in files are based on comparing the content and form of the materials and the confirmation opinions of authorized organizations and individuals. The authority to organize the verification and investigation of file materials is implemented according to the Regulations on分级管理干部工作的规定。

2. Organizations and individuals submitting supplementary materials for their own files are fully responsible for the authenticity and accuracy of the materials, ensuring their evidentiary value and legal validity.

3. Organizations and individuals providing supplementary materials for files must preliminarily verify the evidentiary value and legal validity of the materials.

4. Individuals assigned to verify and investigate file materials must be responsible for the evidentiary value and legal validity of those materials.

Article 23.

Changes to names, determination of birth dates, family members, ethnicity, and other personal information must be permitted by the competent state authorities in accordance with the provisions of the law.

 

Chapter V

RESEARCH AND EXPLOITATION OF FILES

Article 24.

The Minister of Culture and Information authorizes the Director of the Department of Organization and Cadres to organize or personally research and exploit all personnel files and internal affairs files under the Ministry of Culture and Information. The Director of the Department of Organization and Cadres may conduct research through the following methods: on-site research, photocopying files, borrowing files, temporarily transferring files to the Department of Organization and Cadres.

Article 25.

To prevent acts of possession, concealment, sale, dispersion, substitution, destruction, and improper use of materials in files, the Director of the Department of Organization and Cadres has the right to seal files at subordinate agencies or temporarily transfer files to the Department of Organization and Cadres for management.

Article 26.

1. Responsible and related organizations and individuals may research, copy, photocopy, or borrow certain types of file materials within the scope prescribed by this Regulation. Individuals directly tasked with these activities must have an introduction letter from the head of the agency or unit (indicating the name, position, address of the agency of the person conducting the work, the name of the file to be researched, the scope of the content to be researched, the duration of the research, and the method of implementation).

2. Research, copying, and photocopying of file materials must be conducted on-site, in accordance with the relevant regulations and guidance of the file management department; it can only be done during working hours, must be returned immediately afterward; they cannot be taken out of the file storage area; excess copies beyond the specified number must be destroyed immediately on-site.

3. A person borrowing documents for research may borrow for a maximum of three working days. Upon expiration of this period, the documents must be returned immediately. If further borrowing is desired, an extension may be granted, but not more than three times. Borrowed documents must remain at the office premises and cannot be taken home. When borrowing or returning documents, it must be done directly through a request form for borrowing documents accompanied by an introduction letter from the head of the agency or unit.

Article 27.

1. During the process of researching, copying, photographing, or borrowing documents, the integrity of the documents must be maintained. Absolutely no marking, erasing, altering, adding to, tearing, damaging, or destroying the documents, or engaging in any other actions that reduce or distort their value for use and evidentiary purposes. Violations will result in disciplinary action (for individuals under the management of the Ministry of Culture and Information), a recommendation for disciplinary action (for individuals from other agencies conducting research on documents), or a recommendation for the competent state authority to handle according to the law, and the violator must participate in restoring or supplementing equivalent valuable documents...

2. If documents within the file are found to have been marked, erased, altered, added to, torn, damaged, lost, destroyed, or their value for use and evidentiary purposes reduced or distorted, the staff member directly managing the file must prepare a record and report immediately to the authorized person.

3. Any copying, photographing, transmitting, quoting, publishing, or borrowing of documents within the file must be approved by the head of the agency with authority over the file, recorded clearly on the control sheet, and carried out in accordance with the provisions of this Regulation.

Article 28.

1. Staff members may view their own personnel files in the file room and must comply with all regulations regarding the research of files.

2. Staff members are not allowed to view the contents specified in Clauses 7, 8, and 9 of Article 9 (in the Personal Evaluation and Review File).

3. When viewing their own files, if there are any disagreements, they can present them to the head of the agency or unit responsible for human resources management. They are not allowed to mark, erase, alter, add to the documents, or engage in any other actions that reduce or distort their value for use and evidentiary purposes.

Article 29.

The file management department must maintain a logbook tracking the research, copying, photographing, and borrowing of personnel and internal affairs files. The logbook must clearly record the name, position, and address of the agency of the person performing the task, the name of the file being researched, the scope of the research content, the research period, and the method of implementation.

Article 30.

The location for researching, copying, and photographing file documents must be quiet, with few people passing through, ensuring the confidentiality and security of the files. Unauthorized persons are not permitted to enter the storage area or reading/research area of the files. The staff member directly managing the files must regularly monitor during the time when others are researching, copying, or photographing the files.

 

Chapter VI

TRANSPORTATION, HANDOVER, AND TRANSFER OF FILES

Article 31.

1. When staff members are transferred to another unit or promoted to a position under the management of a higher-level agency, all personnel files must be handed over to the new managing agency.

2. Within fifteen days of receiving personnel, the staff member directly managing the files must guide the individual to write a personal history book and complete all documents in the personnel file (if newly hired) or request the previous agency to hand over the complete file of the individual (in cases of transfer or promotion to a position under the jurisdiction of a higher-level agency).

 

3. Staff members recruited to work in agencies or units under the Ministry of Culture and Information must have complete personnel files attached. Those without complete personnel files as required will not be accepted.

Article 32.

1. The handover of files between two agencies must be prompt, timely, delivered to the correct address, without loss, in compliance with regulations, and confidential. All transportation, handover, and submission of files must follow the principle of preparing a list of documents in the file, transferring the file according to the list, sending sealed and packaged with sealing tape, and both sending and receiving places must organize checks and comparisons to detect errors and losses for immediate handling. All ledgers, records, and related documents concerning the transportation, handover, and submission of files must be retained and preserved together with the files.

2. Files must be handed over by the staff member directly managing the files to the new agency. If direct transportation is not possible, they must be sent via postal service as confidential documents (the outer envelope must bear the "C" stamp). In special cases where geographic conditions do not allow and postal service as confidential documents is not feasible, the files may be transported by the staff member themselves but must be placed in an envelope with an accompanying letter (both the outer and inner envelopes must be sealed) and notify the receiving agency about the method of transporting the files.

3. Files taken out of the agency must be approved by the head of the agency or decided by the head of the managing agency.

Article 33.

1. When handing over or submitting files, both parties must cooperate to follow the following procedures:

a. Check the condition of the documents;

b. Compare with the list of documents (if the file does not have a list, create one immediately);

c. Prepare a handover record to confirm the transaction. The handover record should be made in duplicate, clearly stating the requests of both parties, signed by all parties, and kept one copy at the transferring agency and one copy at the receiving agency;

d. Enter the handover ledger for files and documents;

e. Carry out supplementary procedures such as registering, assigning file numbers, control sheets, classifying documents, and updating indexes for searching...

2. When receiving files sent by postal service, they must remain sealed according to the confidentiality requirements. The receiving agency should check and record their comments on the file transfer form instead of a handover record and return the form to the sending agency for tracking. If necessary, a notification must be issued immediately to the postal service, the agency transferring the files, and the individual concerned.

Article 34.

Sealing of files is carried out as follows:

1. Seal with thin, waterproof paper;

2. Size of the sealing paper: 4cm x 7cm;

3. On the sealing paper, clearly indicate the sealing date, signature, and full name of the head of the agency.

4. The adhesive must be secure, ensuring that if the sealing paper is peeled off, it will tear;

5. The sealing paper must be affixed over the cross joints at the back of the envelope;

6. The seal must be stamped on the corner of the sealing paper, with half on the sealing paper and half on the envelope.

Article 35.

1. In cases where personnel are transferred from agencies or units under the Ministry of Culture and Information to work outside the Ministry, after transferring the cadre files, the head of the agency or unit using the personnel must immediately report to the Director of the Cadre Organization Department to decide to cancel the file code pursuant to the authority delegated by the Minister.

2. In cases where personnel are recruited from agencies or units outside the Ministry to work within agencies or units under the Ministry of Culture and Information, after receiving the files, they must immediately report to the Director of the Cadre Organization Department to issue a new file code according to the regulations of the Ministry of Culture and Information.

3. The authority and responsibility for receiving files shall be implemented in accordance with the provisions on分级管理干部工作的规定 of the Ministry of Culture and Information. Agencies or units directly under the Ministry shall not accept cadre files of individuals managed by the Ministry when they are recruited from agencies or units outside the Ministry to work within agencies or units under the Ministry of Culture and Information.

Article 36.

1. Cadres, civil servants, public officials, and employees who cease their employment (due to loss of health, reduction in staffing, disciplinary actions...) shall not be allowed to retrieve their own files but only receive a brief resume, decision on cessation of employment (or social insurance file if the social insurance benefits have not yet been processed). Other documents must be retained by the personnel management agency.

2. Cadres, civil servants, public officials, and employees who leave their posts without authorization shall not be allowed to retrieve their own files.

3. Cadres, civil servants, public officials, and employees who retire, all files shall still be kept by the personnel management agency during their tenure, only providing them with a brief resume, confirmation of social insurance participation, retirement decision, and pension certificate.

4. Cadres, civil servants, public officials, and employees who die, their files shall still be kept by the personnel management agency and shall not be handed over to other agencies or units or to their families.

Article 37.

1. Cadre files and internal files of merged agencies or units shall be received and managed by the new agency or unit. Files of agencies or units being merged into another agency or unit shall be transferred to the receiving agency or unit for management. Files of agencies or units being divided or separated shall be handled according to the division or separation decision. Files of agencies or units being dissolved or enterprises going bankrupt shall be submitted to the archive management by the Cadre Organization Department.

2. For files of organizations with temporary advisory nature, upon dissolution, they shall be received and managed by the agency that established such organization.

  

Chapter VII

ARRANGEMENT AND PRESERVATION OF FILES

Article 38.

1. Cadre files and internal files must be arranged scientifically, orderly, neatly, and fully indexed; ensuring good requirements for easy retrieval, easy movement, and easy preservation.

2. Regularly arrange files neatly so that they can be moved quickly when necessary.

Article 39.

1. Documents in cadre files are divided into four volumes and stored in a large envelope. Inside the envelope, there is a list of current documents, file record sheet, and file monitoring sheet to track the research and exploitation of the files. Outside the envelope, the minimum information about the individual must be clearly marked, including: full name, aliases, place of origin, file code.

2. Cadre files are classified into three types as follows:

a. Current cadre files: placed in a separate drawer, categorized by department, each department's files are placed in a separate box;

b. Retired cadre files: placed in a separate drawer;

c. Deceased cadre files: placed in a separate drawer.

3. Internal files are placed in a separate drawer, not mixed with cadre files. Documents in internal files must be clearly classified, neatly arranged, and stored in a large envelope. Inside the internal file envelope, there is a list of current documents by classification and a file monitoring sheet to track the research and exploitation of the files.

Article 40.

Cadre files and internal files have permanent preservation periods. Cadres who have made significant contributions to the agency or unit must have appropriate file retention procedures.

Article 41.

1. Personnel managing files may not take files out of the office premises without authorization. They must strictly manage the keys to the filing cabinets and rooms storing the files. When no one is supervising, documents must not be left scattered or exposed outside the file envelopes. At the end of working hours, files must be securely locked away in cabinets.

2. Documents in the files must not be wrinkled, moldy, damaged, or lost. Regular inspections and timely handling of documents that are prone to damage (documents that fade or tear must be duplicated simultaneously with the original, restored to extend the life of the document, or supplemented with equivalent value documents) should be conducted.

3. Annually, the head of the agency or unit must organize an inventory of the condition of documents in cadre files and internal files.

Article 42.

The storage location of files must ensure:

1. Dry, well-ventilated, clean; free from dust and flooding;

2. Separated from the working area;

3. Away from explosive, flammable materials, energy sources, direct sunlight...;

4. Equipped with sufficient high-quality cabinets, shelves, folders, boxes (preferably metal cabinets and shelves; cabinets and shelves should be spaced 20cm - 30cm from the wall; the distance between the bottom shelf and the floor should be 20cm);

5. Equipped with temperature and humidity measuring instruments, automatic fire alarm systems;

6. Equipped with secure locks to ensure document safety;

7. Equipped with means and effective measures to prevent fires, explosions, mold, pests, rodents, cockroaches, and vandalism (preferably equipped with CO2 extinguishers or tetrachloromethane cylinders);₂ 8. Have plans to evacuate files to safe locations in case of fire, explosion, or flooding;

9. Clearly stipulate rules for entering and exiting the file storage area, sealing, and other necessary matters;

10. Arrange circuit breakers to easily disconnect parts or the entire electrical circuit when necessary;

11. Maintain suitable conditions for paper document preservation (temperature: 15°C - 19°C, relative humidity: 55% - 65%).

10. Arrange circuit breakers so that it is possible to easily disconnect individual sections or the entire electrical circuit when necessary;

11. Maintain appropriate conditions for storing paper documents (temperature: 15°C - 19°C, relative humidity: 55% - 65%). ^°C - 19^°C, relative humidity: 55% - 65%).

Article 43.

If there are multiple identical copies in the file regarding both content and form, retain one copy in good condition. The excess copies shall be reported to the head of the competent authority managing the file for record and decision to destroy. In the destruction record, clearly state the document code, date, summary of the document, number of copies destroyed, and reasons for destruction. The destruction record and decision must be kept in the file.

 

Chapter VIII

RESPONSIBILITY FOR FILE MANAGEMENT

Article 44.

1. The head of the agency or unit under the Ministry shall be responsible for organizing and directing the management of staff files and internal files of their agency or unit.

2. The organizational and personnel department assists the head of the agency or unit in managing staff files and internal files in accordance with this Regulation and the business guidance and direction on staff file management issued by the Director of the Organizational Personnel Department. They also guide, inspect, and urge staff file management and internal files at subordinate units under the agency or unit.

Article 45.

The specialized system for managing staff files and internal files is as follows:

1. The Organizational Personnel Department has a specialized section assisting the Minister in managing staff files and internal files;

2. Each agency or unit shall allocate at least one full-time or part-time staff member dedicated to managing staff files and internal files, with at least 50% of their time devoted to these tasks (staff managing files at grassroots agencies may be concurrently assigned from personnel and labor affairs staff).

Article 46.

The Director of the Organizational Personnel Department assists the Minister:

1. To manage personnel files of cadres, civil servants, and public officials under the Ministry's jurisdiction;

2. To manage personnel files of cadres, civil servants, public officials, and workers employed in the Ministry's agencies (in accordance with the regulations on the分级管理干部工作的规定 of the Ministry of Culture and Information);

3. To monitor brief biographies of cadres under central jurisdiction;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 47.

The heads of agencies and units shall be responsible:

1. For directly directing and regularly urging and inspecting staff file management and internal file management in compliance with regulations;

2. For periodically reporting to the Ministry of Culture and Information (through the Organizational Personnel Department) on file management activities in their agency or unit as required by the Organizational Personnel Department;

3. For submitting a document requesting the Director of the Organizational Personnel Department to agree on clear job assignments when arranging or changing staff for file management and organizational personnel work;

4. For enhancing material conditions and technical facilities for file management and organizational personnel work;

5. For regularly creating conditions for staff engaged in file management and organizational personnel work and labor affairs to receive political and ideological education and training to improve their professional skills.

Article 48.

The Head of the Department responsible for organizational personnel and labor affairs in agencies and units under the Ministry shall assist the head of the agency or unit:

1. To organize the management of personnel files of cadres, civil servants, public officials, and workers under the agency or unit's jurisdiction and internal files within the agency or unit;

2. To organize the monitoring and updating of changes in the biographies of cadres, civil servants, and public officials under the Ministry's jurisdiction for the Organizational Personnel Department;

3. To manage internal files of departments and equivalent units under the agency or unit;

4. To regularly report to the head of the agency or unit plans for supplementing and preserving files in accordance with regulations.

Article 49.

Staff engaged in managing cadre files and internal files in agencies and units under the Ministry shall be responsible:

1. For directly managing cadre files and internal files in the agency or unit in accordance with this Regulation and the regulations on the分级管理干部工作的规定 of the Ministry of Culture and Information;

2. For implementing business measures as prescribed in this Regulation and business guidance and direction from the Organizational Personnel Department;

3. To assist the head in regularly reporting statistics on personnel and business reports on file management of the agency or unit to the Organizational Personnel Department;

4. To participate in reviewing documents in files as assigned by superiors;

5. To report and propose necessary issues concerning file management to the head of the agency or unit. Immediately prepare a record and report to the authorized person managing the files to clarify the cause and responsibility when cadre files or internal files are lost or damaged;

6. To be subject to business management and indirect personnel management by the Director of the Organizational Personnel Department;

7. To establish the following types of registers: file statistics register; cross-reference register of cadre biographies; handover register of files and documents (with signatures of the person handing over and receiving); tracking register of research, copying, photographing, and borrowing documents in cadre files and internal files; annual inventory register of documents (with notes on the condition of the documents);

8. To inspect and urge the supplementation and submission of file documents. To collect and supplement documents for files as assigned by superiors. To conduct preliminary checks upon receipt of submitted files and documents;

9. To understand and identify unclear or contradictory information self-reported by cadres in files and report to the head of the agency or unit to ensure that cadre files accurately reflect the true situation of cadres;

10. To propose policies and measures for file management and assist the Head of the Department in guiding file management practices within the agency or unit;

 

 

4. To manage internal files of agencies and units under the Ministry and temporary advisory organizations established by the Ministry;
5. To unify the management of document systems and archival practices for cadre files and internal files;
6. To unify the management of staff engaged in file management, organizational personnel work, and labor affairs. To agree on the allocation of staff for file management and organizational personnel work;
7. To submit to the Minister the transfer of files of merged, consolidated, divided, or separated agencies or units; recovery of files to the Ministry's management (if the agency or unit does not manage files properly, while recommending disciplinary action against the head of the agency or unit to the Minister);
8. To manage files of dissolved agencies and bankrupt enterprises;
9. To direct and guide business practices in file management for organizational personnel and labor affairs departments in agencies and units under the Ministry;
10. To periodically organize inspections, summaries, and evaluations to draw lessons from business practices in cadre file management and internal file management.
11. Request agencies and units under the Ministry to adjust business procedures that do not comply with regulations or issue documents to remind organizations and individuals who violate regulations on file management (keep records of organizations and individuals reminded).
12. Organize good service for researching and exploiting files according to regulations;

13. Implement the principle of confidentiality regarding the contents of staff files and internal files. Do not disclose any contents within the files and activities related to the files;

 

 

 

 

14. Carry out procedures for receiving and transferring files. Regularly check and organize files and documents within the files;
15. Study, exchange experiences, and enhance professional skills in managing files;

16. Immediately hand over all files and accompanying documents, the content of work, the arrangement and retrieval methods of the managed file system, ongoing issues, existing problems... when there is a decision to transfer the responsibility for managing files to another person;

Article 50.

Standards for staff responsible for managing staff files and internal files:

1. Have good political qualities, clear family history and personal background;

2. Be a member of the Communist Party of Vietnam;

3. Have been officially recruited into the agency or unit;

4. Have a sense of organizational discipline, loyalty, honesty, and trustworthiness;

5. Have a high sense of responsibility, enthusiasm for work, scientific working style, necessary educational and professional qualifications.

Article 51.

Staff members, civil servants, officials, and employees have the responsibility:

1. To fully, clearly, and truthfully declare their curriculum vitae, brief resumes, personal documents, family and social relations according to regulations and requirements of the managing agency or unit;

2. To report and supplement files when there are changes;

3. Not to disclose the contents of files accessed when interacting with other organizations or individuals (in cases where work requires it, only information approved by the head can be provided, and a record of the interaction must be kept for reporting to the approver).

Article 52.

1. The Cadre and Civil Servant Affairs Department periodically or unexpectedly organizes inspections of file management across a wide range or at key points in agencies and units under the Ministry. Comprehensive inspections are conducted at least once every three years and no more than once per agency or unit in one year. Each inspection must have an organizing decision. Inspection minutes must be stored in the files of inspected organizations and individuals.

2. Heads of agencies and units under the Ministry proactively organize inspections of file management within their agencies and units within their scope of management. Comprehensive inspections at the grassroots level are conducted at least once every two years and must be reported in writing to the Cadre and Civil Servant Affairs Department. After each inspection, minutes must be stored and sent to the Cadre and Civil Servant Affairs Department for monitoring.

Article 53.

Heads of agencies and units under the Ministry must fully implement the reporting system on staff file management and internal file management as follows:

1. Report urgent incidents that affect the usability and evidentiary value of documents in files. Such reports must reflect promptly upon occurrence, detailing the circumstances of the incident, while immediately implementing verification, investigation, recovery, and preventive measures against potential harm;

2. Submit comprehensive reports on file management to the Cadre and Civil Servant Affairs Department before November 1st each year.

 

Chapter IX

HANDLING VIOLATIONS

Article 54.

Staff members, civil servants, officials, and employees in agencies and units under the Ministry of Culture and Information who violate this Regulation and other provisions of the Minister regarding staff file management and internal file management will be handled as follows:

1. Issue a written reminder and keep the staff file of the individual if they view the content of the file without authorization for the second time;

2. Apply appropriate disciplinary measures for the following violations:

a. Repeatedly infringe on the confidentiality of file contents after being issued a written reminder;

b. Fail to declare and supplement staff file documents for three consecutive years or five cumulative years;

c. Illegally disclose confidential file contents or illegally disseminate file documents;

d. Illegally copy file documents;

đ. Refuse to cooperate with relevant authorities to supplement missing, lost, or damaged file documents;

e. Refuse to report issues related to files or provide file documents;

g. Violate the sealing of files or filing cabinets;

h. Lose documents in files or lose entire sets of files;

i. Reduce or destroy the usability and evidentiary value of multiple file documents;

k. Illegally possess entire sets of files or important documents within a set of files;

l. Illegally destroy file documents (destroying two or more sets of files will result in termination of employment and referral for prosecution);

m. Swap file documents;

n. Scatter file documents, causing loss of completeness of files;

o. Alter file contents or illegally modify file documents;

p. Provide false documents to files or supply false information;

q. Illegally damage filing cabinets;

r. Illegally seize or sell file documents;

t. Illegally provide file information to foreigners;

Other similar violations.

Article 55.

Staff responsible for managing staff files and internal files, heads of departments in charge of organizational and personnel affairs and labor in agencies and units under the Ministry who violate this Regulation and other provisions of the Minister regarding staff file management and internal file management will be handled as follows:

1. Issue a written reminder and keep the staff file of the individual if they fail to actively perform file management duties as prescribed;

2. Apply appropriate disciplinary measures for the following violations:

a. Fail to organize files according to regulations for many years;

b. Obstruct the implementation of file management tasks;

c. Fail to submit files as required by superiors and the Ministry of Culture and Information;

d. Fail to retain file documents during organizational and personnel arrangements and policy resolution;

đ. Report to superiors with confirmation that differs from original files;

e. Other similar violations.

Article 56.

Heads of agencies and units under the Ministry who violate this Regulation and other provisions of the Minister regarding staff file management and internal file management will be handled as follows:

1. Issue a written reminder and keep the staff file of the individual if they fail to create conditions for staff file management and internal file management.

2. Apply appropriate disciplinary measures for the following violations:

a. Creating difficulties and hindrances to the implementation of personnel file management and internal affairs file management at the agency or unit;

b. Confirming incorrectly with the original file;

c. Forcing subordinates to confirm incorrectly with the original file;

d. Hindering subordinates from submitting or handing over files as required by the Ministry of Culture - Information;

đ. Causing a weak situation in personnel file management and internal affairs file management at the agency or unit (within five years, three people from the agency or unit have been disciplined for violating regulations on personnel file management and internal affairs file management);

Article 57.

The authority and responsibility for handling violations related to personnel file management and internal affairs file management shall be carried out in accordance with the Regulation on Delegation of Management Authority for Organizational and Cadre Work of the Ministry of Culture - Information. The disciplinary process shall be implemented in accordance with the Ordinance on Civil Servants and Public Officials (for civil servants, public officials, and employees in administrative agencies and public service units) or in accordance with the Labor Code (for workers in agencies, units, and state-owned enterprises);

  

Chapter X

IMPLEMENTING PROVISIONS

Article 58.

During the implementation, if there are issues that require amendments or supplements, agencies and units shall report them to the Department of Organization and Cadres for reporting to the Minister for consideration and resolution;

The Director of the Department of Organization and Cadres shall regularly organize summaries, evaluations, and lessons learned to improve and supplement regulations and guidelines on file management; propose the Minister to commend organizations and individuals who have achieved success in personnel file management and internal affairs file management./.