Circular No. 61/2018/TT-BGTVT Amending and Supplementing Certain Provisions of the Archive Management Regulation of the Ministry of Transport issued together with Circular No. 74/2014/TT-BGTVT dated December 19, 2014 of the Minister of Transport.

Circular

Amending and supplementing some provisions of the archive work regulation of the Ministry of Transport issued together with Circular No. 74/2014/TT-BGTVT||| dated December 19, 2014 of the Minister of the Ministry of TransportTT-BGTVT Pursuant to the Law on Archives /QH13 dated November 11, 2011;

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Pursuant to Decree No. 0No. 01/2011/2013/NĐ-CP dated January 3, 2013 of the Government detailing certain provisions of the Law on Archives;

CamendPursuant to Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on project management;1Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Circular No. 07/2012/TT-BNV dated November 22, 2012 of the Ministry of Home Affairs guiding the management of documents, file establishment, and submission of files and documents to the archives;

archives;

Pursuant to Circular No. 04/2013/priority TT-BNV dated April 16, 2013 of the Ministry of Home Affairs guiding the establishment of regulations on document and archive work for agencies and organizations;Pursuant to Circular No. 01/2014/TTLT-BNV-BXD dated August 21, 2014 of the Ministry of Home Affairs-Ministry of Construction guiding the components of project and construction works' documents to be submitted to historical archives;;

The Minister of the Ministry of Transport issues this Circular amending and supplementing some provisions of the Archive Work Regulation of the Ministry of Transport issued together with Circular No. 74/2014/TT-BGTVT dated December 19, 2014 of the Minister of the Ministry of TransportTAmending and supplementing some provisions of the Archive Work Regulation of the Ministry of Transport issued together with Circular No. 74/2014/TT-BGTVT dated December 19, 2014 of the Minister of the Ministry of Transport.

Article 1. This regulation governs the archive work of the Ministry of Transport.

At the proposal of the Office of the Ministry of Public Security;June 2024;Article 2. This regulation applies to agencies and units under the Ministry of Transport and individuals and organizations related thereto.

Article 2. Supplement Clause 9 of Article 2 as follows:priority "9. Agency archives include: Ministry archives (Ministry Office); archival departments of General Departments, Bureaus, Institutes, Schools, Centers, enterprises under the Ministry.".

Article 1.Article 3. Responsibilities for archive work

1. Amend and supplement Article 1 as follows:

“Article 1. Scope of Regulation and Applicability

1. Responsibilities of the Director of the Ministry Office

a) Advising and assisting the Minister in organizing the development and issuance of regulations on archive work in accordance with current laws, applying information technology, modernizing archive work at the Ministry of Transport and its subordinate agencies and units to serve administrative reform and activities of these agencies and units.

b) Advising and assisting the Minister in managing, inspecting, supervising, and urging the implementation of regulations on archive work at the Ministry of Transport and its subordinate agencies and units; resolving complaints and handling violations of archive work laws within their authority.

c) Organizing guidance on archive work procedures at the Ministry of Transport and its subordinate agencies and units.

3. Amend and supplement Article 3 as follows:

“2. Responsibilities of heads of agencies and units

Heads of Departments under the Ministry, Chief Inspectors of the Ministry, General Directors of General Departments, Directors of Bureaus, General Managers, Directors of Project Management Units, and heads of other agencies and units under the Ministry shall be responsible for:

a) Assigning responsibilities to individuals in their agency or unit to establish and organize files on matters that their agency or unit is primarily responsible for.

b) Organizing the receipt of files from individuals after completion of tasks and managing files of their unit before they reach the deadline for submission to the archives as prescribed.

c) Organizing the selection and submission of files and documents in accordance with regulations.

d) Advising on the determination of retention periods for specialized documents in their areas of responsibility.

3. Responsibilities of each individual

a) Each officer, civil servant, or staff member must establish a working file when starting to handle assigned tasks, maintain and preserve the working file during the process, check the completeness of documents in the file upon completion, remove duplicate or draft copies, arrange documents in chronological order or by type, author, and date, prepare a detailed inventory for files with permanent retention periods (for agencies and units that have established ISO procedures for archiving, follow those procedures and prepare a detailed inventory for files with permanent retention periods), and either store the files at the unit or submit them according to the provisions of Clause 1 and Clause 4 of Article 11 of this Circular.

b) Officers, civil servants, or staff members who transfer jobs, retire, or leave employment must hand over files and documents to their agency or organization or successor, and may not retain them as personal records or take them to another agency or organization. A list of transferred documents must be compiled and a handover record prepared.

4. Responsibilities of agency archives in collecting files and documents:

a) Developing plans for collecting files and documents.

b) Coordinating with agencies and units to identify files and documents to be collected.

c) Guiding agencies and units to prepare files and documents for submission and compile a "List of Files and Documents Submitted" according to the model specified in Appendix I attached to this Circular.

d) Checking and verifying submitted files.

e) Receiving files along with documents guiding the organization of files and retrieval tools.

f) Preparing a handover record for documents.

The record is made in four copies. The model of the handover record for files is guided in Appendix II attached to this Circular.

Article 4. Amend and supplement Chapter II as follows:

d) Prepare the archive warehouse and preservation equipment to receive files and documents.

ESTABLISHING FILES, ORGANIZING, AND DETERMINING THE VALUE OF DOCUMENTS"

Article 5. Amend and supplement Clause 1 of Article 5 as follows:

"1. Based on the common categories of documents stipulated in Clause 2 of this Article, the Ministry Office shall take the lead and coordinate with agencies and units to develop a retention period table for various fields and specialized and professional files and documents of the Ministry of Transport to be decided by the Minister."

Article 6. Amend and supplement Clause 2 of Article 6 as follows:

"2. Collecting and updating documents and materials into files."

"Chapter II

"ESTABLISHING FILES, PROCESSING, DETERMINING THE VALUE OF DOCUMENTS"

5. Amend and supplement Clause 1 of Article 5 as follows:

"1. Based on the Common Groups of Documents specified in Clause 2 of this Article, the Office of the Ministry shall take the lead and coordinate with relevant agencies and units to develop a retention schedule for files and specialized technical documents of the Ministry of Transport to be submitted to the Minister for decision."

6. Amend and supplement Clause 2 of Article 6 as follows:

"2. Collecting and updating documents into the file."

Each individual is responsible for collecting and updating all documents and materials formed during the process of monitoring and resolving tasks into the corresponding file that has been opened, ensuring the integrity and completeness of the file, avoiding loss.

Documents within the file must be arranged according to chronological order and the sequence of events.

“a) Establishing and developing effectively concentrated raw material zones according to the orientations set forth in Decree No. 98/2018/NĐ-CP dated July 5, 2018 of the Government on policies encouraging the development of cooperation and linkage in agricultural production and consumption; Decision No. 100/QĐ-TTg dated January 19, 2019 of the Prime Minister approving the project to implement, apply, and manage traceability systems; Decision No. 1804/QĐ-TTg dated November 13, 2020 of the Prime Minister approving the Program to support the development of collective economic organizations and cooperatives from 2021 to 2025; Decision No. 255/QĐ-TTg dated February 25, 2021 of the Prime Minister approving the Plan to restructure the agricultural sector from 2021 to 2025; Decision No. 885/QĐ-TTg dated June 23, 2020 of the Prime Minister approving the Project to develop organic agriculture from 2020 to 2030, and according to the planning of concentrated raw material zones of localities.”

"Article 8. Determining the Value of Documents

1. The determination of the value of documents to be permanently preserved and those with a limited preservation period must be specified in years.

2. Documents that have been determined to have lost their value must be destroyed.

8. Amending and supplementing Article 11 as follows:

“Article 11. Time Limit for Submitting Files and Documents to the Agency Archive

1. Files and documents of agencies and units shall be stored as follows:

a) For files and documents with a preservation period of less than five years: self-managed at the agency or unit.

b) For files and documents with a preservation period of five years or more: must be submitted to the Agency Archive within one year from the date the work is completed.

2. For completion files of projects and works stipulated in Article 12 of this Circular: Within three months from the date the project is settled, the completion files must be submitted to the Ministry's Archive. The detailed list of components of the completion files is specified in Appendix VI issued together with this Circular.

3. Documents stored in the Agency Archive include: Letters, Decisions, which must be submitted to the Agency Archive once every three months, confidential documents once every month, and other types of documents once every year.

4. In cases where files and documents are due for submission but need to be retained: The head of the agency or unit decides on retention and provides a written notice specifying the reasons and detailed list of files and documents to be retained sent to the Agency Archive. The retention period does not exceed two years from the date of submission deadline.

9. Amend and supplement Article 12 as follows:

“Article 12. Completion Files to be Submitted to the Ministry's Archive

1. National key projects according to the Resolution of the National Assembly.

2. Transportation works from Class I upwards within projects decided to be invested in by the Ministry of Transport.

10. Amend and supplement the name of Article 14 and Clause 1 of Article 14 as follows:

“Article 14. Quantity of Files to be Submitted to the Ministry's Archive

1. For completion files: One original set (if there is no original, it can be replaced by a legal copy) and one color scanned copy according to the organized and corrected components of the documents.

11. Amend and supplement Article 15 as follows:

“Article 15. Responsibility for Submitting Files and Documents to the Agency Archive

Agencies and units are responsible for managing files and documents and submitting them to the Agency Archive as follows:

1. Collecting complete file components; Consistently coordinating with the Agency Archive regarding the Index of files and documents to be submitted.

2. Organizing and correcting files and documents to ensure compliance with component, form, and format requirements. Prepare three copies of the Index of files and documents to be submitted according to the model prescribed in Appendix I issued together with this Circular.

3. Submission: Files and documents; Two copies of the Index of files and documents to be submitted and other search tools (if any). Specifically for completion files, additional guidance documents on organization and correction, one color scanned copy according to the organized and corrected components of the documents must also be submitted.

4. For completion files: Submit collectively for the entire investment construction project if all works (project components) within the project are put into operation simultaneously. If works (project components) within the project are put into operation at different times, then files and documents may be submitted separately for each work (project component).

5. Transporting documents to the submission location.

6. Comply strictly with the procedures for submitting files and documents.”

12. Amend and supplement Article 17 as follows:

“Article 17. Preservation of archival documents

1. Files and documents that have not yet reached the deadline for submission to the agency's archive shall be kept and ensured safe by agencies and units.

2. Files and documents reaching the deadline for submission to the archive must be handed over according to regulations.

3. The Director of the Office shall be responsible for directing the implementation of regulations on the preservation of archival documents: equipping sufficient technical equipment and means of preserving archival documents in accordance with prescribed standards; implementing measures to prevent fire, explosion, natural disasters, theft, and confidentiality for the archive storage and archival documents; maintaining appropriate preservation regimes for each type of archival document.

4. Staff members engaged in archival work shall be responsible for scientifically arranging archival documents to facilitate statistics, retrieval, and exploitation. Files and documents must be placed in (folders), labeled, and fully marked with information as prescribed. They must regularly check the status of documents in the warehouse to grasp the quantity and quality of documents.

13. Amend and supplement Article 18 as follows:

“Article 18. Subjects and procedures for exploiting and using archival documents

1. Subjects entitled to exploit and use archival documents

All organizations and individuals are entitled to exploit and use archival documents for official purposes and legitimate personal needs.

2. Procedures for exploiting and using archival documents:

a) When coming to exploit files and documents at the agency's archive for official purposes, the person exploiting must obtain the agreement of the agency or unit's head or the Director of the Office.

b) Agencies and units sending individuals to exploit and use documents at other agencies' or units' archives for official purposes must have a request letter or an introduction letter from their workplace.

c) Organizations and individuals coming to exploit and use documents for personal purposes must submit a request for document use confirmed by their workplace, educational institution, or local authority where they reside, and must present an ID card, citizen identification card, or passport.

3. Forms of exploiting archival documents:

a) Reading documents on-site.

b) Making certified true copies of documents.

c) Photocopying documents.

d) Printing out documents, copying files for electronic archival documents.

đ) Borrowing documents (only applicable to individual files).

4. The agency's archive must establish a record book to serve the exploitation of archival documents.

14. Amend and supplement Clause 1 of Article 19 as follows:

"1. Using archival documents at the agency's archive."

15. Amend and supplement Article 20 as follows:

“Article 20. Authority to permit the exploitation and use of archival documents

1. Staff members absolutely may not use archival documents of agencies and units for purposes contrary to the interests of the state, the rights and lawful interests of organizations and individuals.

2. The Office leadership permits the exploitation and use of documents and signs certified true copies, photocopies, and extracts of documents at the agency's archive.

3. The agency or unit's head decides on the exploitation and use of documents of their own agency or unit.

4. For classified documents, the exploitation, use, preservation, submission, declassification, and destruction shall be carried out in accordance with the laws on protecting state secrets.

16. Repeal Appendix III. List of archival document sources.

Article 2.This Circular takes effect from July 1, 2019.

Article 3.The Office of the Ministry, the Inspector General of the Ministry, the Heads of Departments, the Directors of General Administrations, the Directors of Departments under the Ministry, the heads of agencies and units, and relevant individuals are responsible for implementing this Circular./.