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MINISTRY OF HOME AFFAIRS OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 06/2025/TT-BNV
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Hanoi, May 15, 2025
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CIRCULAR
ELABORATION OF LAW ON ARCHIVES
Pursuant
to the Law on Archives dated June 21, 2024;
Pursuant
to the Government’s Decree No. 25/2025/ND-CP dated February 21, 2025 on
functions, tasks, powers and organizational structure of the Ministry of Home
Affairs of Vietnam;
At
the request of the Director of State Records Management and Archives Agency;
The
Minister of Home Affairs promulgates Circular on elaboration of the Law on
Archives.
Chapter I
GENERAL
PROVISIONS
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This
Circular elaborates some articles of the Law on Archives, including:
1.
Management of archived documents in case authorities and organizations are
dissolved, declared bankrupt or re-organized (clause 2 Article 13).
2.
Procedures for destruction of archived documents (clause 6 Article 16).
3.
Procedures, collection and submission of dossiers and documents to the
historical document-archiving unit (clause 3 Article 19).
4.
Uses of archived documents and their copies (clause 5 Article 23).
5.
Procedures for recognizing and withdrawing recognition of special value of
archived documents (clause 6 Article 39).
6.
Inspection of archiving works; issuance, re-issuance and revocation of
archiving practice certificates (clause 7 Article 56).
Article 2. Regulated entities
State
authorities, state-owned enterprises and public service providers (hereinafter
referred to as “authorities and organizations”) and relevant organizations and
individuals.
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PROCEDURES
FOR COLLECTION AND SUBMISSION OF DOSSIERS AND DOCUMENTS TO HISTORICAL
DOCUMENT-ARCHIVING UNIT
Section 1. PROCEDURES FOR COLLECTION AND SUBMISSION OF
DOSSIERS AND DOCUMENTS TO HISTORICAL DOCUMENT-ARCHIVING UNIT
Article 3. Registration of submission of dossiers and
documents
1.
Each authority/organization shall register submission of dossiers and documents
with a competent historical document-archiving unit. Information, including
name of each fonds or product; period of archiving documents; quantity of
dossiers and documents or preserving unit; submission methods; expected
submission time and list of dossiers and documents shall be registered.
2.
The historical document-archiving unit shall reach agreement on submission of
documents and dossiers with the authority/organization.
3.
The registration of submission of digital dossiers and documents shall comply
with regulations in clauses 1 and 2 of this Article and the Circular No.
05/2025/TT-BNV dated May 14, 2025 of the Minister of Home Affairs.
4.
List of dossiers and documents is provided for in the Appendix I.
Article 4. Application for submission of dossiers and
documents
1.
Each authority/organization shall send an application for submission of
dossiers and documents and a list of dossiers and documents to a competent
historical document-archiving unit.
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Article 5. Historical document-archiving unit’s inspection
of list of dossiers and documents; inspection of dossiers and documents
1.
The historical document-archiving unit shall inspect the list of dossiers and
documents; and directly inspect dossiers and documents
a) If
the list of dossiers and documents and dossiers and documents are satisfactory,
the authority/organization shall submit them to the historical
document-archiving unit according to regulations in Article 6 of this Circular.
b) If
the list of dossiers and documents and dossiers and documents are not
satisfactory, the authority/organization shall revise and complete them
according to the historical document-archiving unit’s opinions.
2.
The historical document-archiving unit shall give written opinions within 30
days from the date of receipt of the application for submission of dossiers and
documents from the authority/organization.
Article 6. Collection and submission of dossiers and
documents
1. The
authority/organization shall transport dossiers and documents to the historical
document-archiving unit; submit dossiers and documents enclosed with their list
(physical and electronic documents).
2.
The historical document-archiving unit shall inspect and compare the submitted
dossiers and documents with those included in the list; receive dossiers and
documents; and formulate a record of collection and submission of dossiers and
documents.
The record
shall contain information, including name of each fonds or product; period of
archiving documents; quantity of dossiers and documents or preserving unit;
quantity of lists of dossiers and documents and other search tools (if any);
collection and submission time; collector; and submitter. The record shall bear
full name and signature of the collector/submitter; full name and signature of
the competent person, and seal of the historical document-archiving unit/the
submitting authority.
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4.
The collection and submission of digital dossiers and documents shall comply
with regulations in the Circular No. 05/2025/TT-BNV dated May 14, 2025 of the
Minister of Home Affairs.
Section 2. COLLECTION AND SUBMISSION OF DOCUMENTS TO
HISTORICAL DOCUMENT-ARCHIVING UNIT
Article 7. Rules for collection and submission of documents
to historical document-archiving unit
The
historical document-archiving unit shall collect documents from incomplete or
missing fonts within its jurisdiction and those of national and local
significance serving practical activities, scientific, historical and social
research as prescribed in Article 8 of this Circular in a manner that conforms
to the following rules:
1.
Each collected document shall have clear and lawful origin and be appropriate
to functions and tasks of the historical document-archiving unit, and no
dispute over or complaint against the collected document arises.
2. It
is prohibited from collecting documents that are being preserved in domestic
historical document-archiving units, state-owned museums and libraries.
Article 8. Documentary collectibles
1.
Valuable documents produced throughout operations conducted by outstanding
individuals, and typical families and clans, including:
a)
Political activists, and outstanding political and social activists making
contributions to the country;
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c)
Individuals awarded the Hero of Labor/Hero of the People's Armed Forces title;
d)
Scientists, writers, poets, journalists, famous individuals working in the
fields of theater, cinema, photography, painting, music, history, literature,
art and other fields;
dd)
Families and clans having profound influence during Vietnam's history.
2.
Valuable documents preserved by domestic
individuals/families/clans/organizations.
3.
Valuable documents on Vietnam that are being preserved in foreign archives,
libraries, museums, research institutes, organizations and individuals.
Article 9. Methods for collecting documents
The
historical document-archiving unit shall collect documents by the methods of
buying documents from organizations/individuals; receiving documents from
donors/transferors; and make their copies.
Article 10. Procedures for collecting documents
1.
Conducting survey, producing statistics, and compiling list of domestic and
foreign documentary collectibles.
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3.
Collecting documents according to the approved plan.
4.
Arranging documents scientifically; producing statistics, safely preserving,
effectively using and upholding value of documents after they are collected.
Chapter III
PROCEDURES
FOR DESTRUCTION OF ARCHIVED DOCUMENTS
Article 11. Compilation of list of documents that have
exceeded their archiving period or are duplicates
1. An
archiving unit/historical document-archiving unit shall compile a list of
documents that have exceeded their archiving period or are duplicates according
to Form specified in the Appendix II enclosed with a written explanation of
such documents according to Form specified in the Appendix III and submit them
to a Head of authority/organization.
2.
The compilation of list of archived digital documents that are expired shall
comply with regulations in the Circular No. 05/2025/TT-BNV dated May 14, 2025 of
the Minister of Home Affairs.
Article 12. Council in charge of considering destruction of
documents archived at archiving unit
1.
Each authority/organization shall establish a Council in charge of considering
destruction of archived documents. The Council shall advise the head of
authority/organization to consider the destruction of archived documents. The
Council shall dissolve itself after completely performing its tasks.
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3.
The Council shall consider comparing the list of documents that have exceeded
their archiving period or are duplicates with the list of dossiers and
documents that have been retained, issuing regulations on period of archiving
dossiers and documents; and directly inspecting documents. The Council shall
have a collective discussion and conclude by majority vote; different opinions
shall be recorded in the meeting minutes bearing signatures of all members of
the Council.
Article 13. Assessment of documents that have exceeded
their archiving period or are duplicates at archiving units
1.
Each authority/organization shall send an application for assessment of
documents that have exceeded their archiving period or are duplicates enclosed
with a Decision to establish a Council in charge of considering destruction of
archived documents; list of documents that have exceeded their archiving period
or are duplicates; a written explanation of documents that have exceeded their
archiving period or are duplicates; the minutes of meeting held by the Council.
2.
State Records Management and Archives Agency shall assess procedures for
consideration of destruction and review of the list of documents that have
exceeded their archiving period or are duplicates; directly inspect documents
if necessary and give written assessment opinions about documents that have
exceeded their archiving period or are duplicates submitted by the
authority/organization to a historical document-archiving unit of the State at
central level.
3.
The provincial Department of Home Affairs shall assess procedures for
consideration of destruction and review of the list of documents that have
exceeded their archiving period or are duplicates; directly inspect documents
if necessary and give written assessment opinions about documents that have
exceeded their archiving period or are duplicates submitted by the
authority/organization to a historical document-archiving unit of the State at
provincial level.
4.
Documents that have exceeded their archiving period or are duplicates shall be
assessed within 25 days from the date on which the State Records Management and
Archives Agency or the provincial Department of Home Affairs receives the application.
Article 14. Consideration of destruction of documents that
have exceeded their archiving period or are duplicates at historical
document-archiving units
1. A
historical document-archiving unit of the State at central level shall send
State Records Management and Archives Agency an application for destruction of
documents enclosed with the list of documents that have exceeded their
archiving period or are duplicates and the written explanation of such
documents.
2. A
historical document-archiving unit of the State at provincial level shall send
State Records Management and Archives Agency an application for destruction of
documents enclosed with the list of documents that have exceeded their
archiving period or are duplicates and the written explanation of such
documents.
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Article 15. Organization of destruction of documents that
have exceeded their archiving period or are duplicates
1. An
archiving unit/historical document-archiving unit shall select an appropriate
method of destroying documents; organize destruction of documents under the
competent person’s decision on destruction of documents that have exceeded
their archiving period or are duplicates
2. Documents
that have exceeded their archiving period or are duplicates shall be destroyed
according to the following steps
a)
Packing and transporting documents to a place where they will be destroyed;
b)
Making a record of handover of documents between the archive manager and the
document-destroying person;
c)
Destroying documents;
d)
Making a record of destruction of documents. The record shall bear signatures
and seals of the document-having authority/unit and the document-destroying
authority/unit.
3. Documents
that have exceeded their archiving period or are duplicates shall be destroyed
within 15 days from the date of issuance of the competent person’s decision on
destruction of such documents.
4.
Documentation for destruction of documents that have exceeded their archiving
period or are duplicates shall be made and preserved as follows:
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b)
Documentation for destruction of documents that have exceeded their archiving
period or are duplicates shall be preserved at the authority/organization
having the destroyed documents within at least 20 years from the date of
destruction.
5.
The destruction of archived digital documents shall comply with regulations in
clause 1, points c and d clause 2, clause 3, clause 4 of this Article and the
Circular No. 05/2025/TT-BNV dated May 14, 2025 of the Minister of Home Affairs.
Chapter IV
USES OF
ARCHIVED DOCUMENTS AND THEIR COPIES
Section 1. AT ARCHIVING UNIT
Article 16. Uses of archived documents
1.
Serving readers.
2.
Issuing copies of archived documents.
Article 17. Serving readers who use archived documents
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Article 18. Issuing copies of documents archived at
archiving unit
Copies
of documents archived at an archiving unit shall be issued according to
regulations of law on document replication.
Section 2. AT HISTORICAL DOCUMENT-ARCHIVING UNIT
Article 19. Uses of documents archived at historical
document-archiving unit
1.
Serving readers who use archived documents at reading rooms.
2.
Serving readers who use archived documents online.
3.
Issuing copies of archived documents.
Article 20. Reader's card/account
1.
The historical document-archiving unit shall issue a card to each reader
directly using archived documents at its reading room at least 05 days. The
reader’s card form is provided for in the Appendix IV.
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3.
The validity period of a card/account shall be prescribed by the historical
document-archiving unit.
4.
The reader using archived documents shall pay a fee for issuance of the
card/account in accordance with regulations of law.
5. Each
card/account shall be issued within 01 working day.
Article 21. Procedures for serving readers who use archived
documents at historical document-archiving unit
1.
Procedures for registering use of archived documents
a)
Each reader using archived documents shall present his/her ID card/citizen ID
card/electronic identification/passport or photo identification issued by a
competent authority; in case the reader uses archived documents to serve
his/her tasks, a letter of introduction or an application issued by the
authority for which he/she is working is required.
b)
Registration of use of documents: In case of registration of direct use of
archived documents at a reading room, the reader shall fill information in a
registration form for use of archived documents and provide relevant documents
on purposes and eligibility for incentives The registration form for use of
archived documents is provided in the Appendix V. In case of registration of
use of archived documents online, the reader shall access the system by the
issued account, create a registration form for use of archived documents and
provide relevant documents on purposes and eligibility for incentives.
c)
After the reader completes procedures for registration, the historical
document-archiving unit shall consider approving the reader’s registration form
for use of archived documents and update information on its system or reader
registration book according to Form in the Appendix VI.
2.
Procedures for serving readers who use documents
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The written
Request for reading archived documents, written Request for copying and
authenticating archived documents shall be managed on the system or the
registration book according to Form in the Appendix VIII.
b)
The service officer shall present the reader’s written request to the head of
the historical document-archiving unit for consideration and approval.
Regarding documents with conditional access, the historical document-archiving
unit shall submit them to an archiving advisory agency for approval.
c)
After the reader’s written request is approved, the service officer shall hand
over or grant the right to reader documents to the reader. The reader shall
inspect physical documents and sign in the archived document receipt book
according to Form in the Appendix IX.
d)
The reader shall pay a fee for use of archived documents.
Article 22. Use of documents archived at historical
document-archiving unit
1.
Not more than 10 dossiers may be preserved for up to 15 days to serve readers.
After the reader finishes reading documents, he/she shall return them to the
historical document-archiving unit. If the reader fails to return such
documents, he/she cannot receive documents in the subsequent time.
2.
Reader shall only use digitized copies of the digitized documents or archived
documents having special value; must not use archived documents in weak
physical forms and those being processed.
3.
Authorities/organizations/individuals using archived documents may authorize
other persons to receive their copies.
4. Authorities/organizations/individuals
using archived documents are entitled to use and uphold the value of documents
archived at the historical document-archiving unit for legal purposes, in legal
forms and to fulfill the obligations specified in clause 2 Article 26 of the
Law on Archives.
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1.
The historical document-archiving unit shall issue copies of archived documents
under its management.
2.
Archived documents shall be copied by the methods of duplicating, photocopying,
printing or extracting in part or in full such documents from their original
documents.
3.
Copies of archived documents include certified and uncertified physical or
digital copies.
4.
Readers applying for copies of archived documents shall confirm the application
in a Written Request for copies of and certification of archived documents.
Article 24. Certification of copies of documents archived
at historical document-archiving unit
1.
Copies of archived documents may be certified in part or in full.
2.
Contents shall be certified as follows:
a)
The historical document-archiving unit shall certify source/address where a
document is archived, including sheet number, dossier number, dossier list number,
name of fonds.
b)
The certified information on a physical copy shall be shown in an archived
document certification seal. The certification seal shall be stamped on the
blank space at the end of the copy of the archived document. The first page of
the copy shall bear a copy seal on the blank space on the upper right. The
archived document certification seal and the copy seal are provided for in the
Appendix X. A copy with 02 or more sheets, after certification, shall be
fan-stamped.
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3. A
copy of archived document shall be certified in an honest, objective and
accurate manner. Copies shall be listed and managed on an archived document
certification system or book according to Form in the Appendix VIII. The person
assigned to certify copies and the certification signer shall be responsible to
the law for certification.
Article 25. Time limit for approval and provision of
documents archived at historical document-archiving unit
1.
Documents shall be provided within 01 working day from the date of receipt of a
Written Request for reading archived documents; within 02 working days from the
date of receipt of the Written Request for copies of and certification of
archived documents
2.
Archived documents with conditional access shall be provided within 07 working
days from the date of receipt of the Written Request for reading archived
documents or the Written Request for copies of and certification of archived
documents.
Article 26. Responsibilities of head of historical
document-archiving unit, service officers and readers
1.
The head of historical document-archiving unit shall:
a)
provide services for readers using archived documents at its reading rooms and
online;
b)
issue documents containing regulations on use of archived documents in
conformity with characteristics and components of documents preserved in the
historical document-archiving unit;
c) Fully
provide devices and equipment for use of archived documents, including reading
rooms, establish and operate a document search and management system;
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2.
Service officers shall:
a)
issue cards and accounts to readers;
b)
provide guidance for and serve readers at the reading room; interact with and
respond to readers during online use of archived documents;
c)
manage archived documents while serving readers;
d)
manage registration books/forms and provision of services for readers.
3.
Readers shall:
a)
Fully follow procedures and comply with regulations of law and internal rules
issued by the historical document-archiving unit for use of archived documents;
b)
Accurately provide information to create cards and open accounts at the request
of the historical document-archiving unit;
c)
not erase, write, mark, or draw anything on documents; crumple, fold, tear,
dirty or disturb the order of documents in the dossier or commit other acts
that affect the content, form, or value of the documents during the use of
documents;
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Chapter V
PROCEDURES
FOR RECOGNIZING AND WITHDRAWING RECOGNITION OF SPECIAL VALUE OF ARCHIVED
DOCUMENTS
Article 27. Application for recognizing special value of
archived document
1. An
application for recognizing special value of an archived document shall be
accurate, honest and full according to regulations in clause 2 Article 39 of
the Law on Archives.
An
individual’s written request shall be made according to the Form in the
Appendix XI. An explanation about the archived document shall comply with the
Form in the Appendix XII.
2.
Authorities/organizations/individuals may submit their applications online, in
person or by post.
Article 28. Procedures for recognizing special value of
archived document
1.
Application receipt and inspection
a)
State Records Management and Archives Agency shall receipt applications for
recognizing special value of archived documents from authorities and
organizations, including historical document-archiving units of the State;
Ministries, central authorities, state-owned enterprises established under
decisions issued by the Prime Minister, Ministers, Heads of ministerial
authorities; public service providers affiliated to central authorities and
organizations and established under decisions issued by the Government/the
Prime Minister.
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c)
State Records Management and Archives Agency and the Department of Home Affairs
shall inspect and receive applications if they are full and accurate according
to regulations; request authorities, organizations and individuals to revise
and complete their applications if they are not full and accurate; in case of
refusal to receive applications, reasons shall be clearly stated.
2.
Application assessment
A
Council confirming special value of archived documents in accordance with
Article 29 of this Circular shall consider each application, assess value of each
document and directly inspect the document if necessary.
3.
Decision to recognize special value of archived documents
a)
The Council confirming special value of archived documents shall request the Minister
of Home Affairs/the Chairperson of Provincial People's Committee to consider
recognizing special value of archived documents.
b)
Written proposal, minutes of the meeting held by the Council, written opinions of
the Council members (if any) and applications for recognizing special value of
archived documents shall be submitted to the Minister of Home Affairs/the
Chairperson of Provincial People's Committee.
c)
The Minister of Home Affairs/the Chairperson of Provincial People's Committee
shall issue a decision to recognize special value of archived documents.
4.
Applications for recognizing special value of archived documents shall be
processed within 60 days from the date of receipt.
5.
Public announcement about results of consideration of recognition of special
value of archived documents
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6.
Any written complaint shall be received within 15 days from the date of public
announcement of results The Council confirming special value of archived
documents shall resolve written complaints (if any) and send reports to
competent persons for consideration and decision.
Article 29. Council confirming special value of archived
documents
1. A
Council confirming special value of archived documents shall be established by
the Minister of Home Affairs/the Chairperson of Provincial People's Committee
at the request of an advisory authority. The Council shall assist the Minister
of Home Affairs/the Chairperson of Provincial People's Committee in performing
state management of archiving.
2.
The Council shall provide advice for the Minister of Home Affairs/the
Chairperson of Provincial People's Committee on identification of documents
that meet criteria for recognition as archived documents having special value
or consideration of withdrawal of recognition of special value of archived
documents.
3.
Council's composition
a)
The Council established by the Minister of Home Affairs shall have at least 07
members, including the representative of the Ministry of Home Affairs who acts
as Chairperson of the Council; the representative of the State Records
Management and Archives Agency who acts as Vice Chairperson of the Council; a
public employee of the State Records Management and Archives Agency who acts as
Secretary of the Council; and Council members that are managers, experts, and
scientists having prestige and knowledge in the fields related to contents,
forms, and origins of documents.
b)
The Council established by the Chairperson of Provincial People's Committee
shall have at least 07 members, including the representative of the Provincial
People's Committee who acts as Chairperson of the Council; the representative
of the Department of Home Affairs who acts as Vice Chairperson of the Council;
a public employee of the Department of Home Affairs who acts as Secretary of
the Council; and Council members that are managers, experts, and scientists
having prestige and knowledge in the fields related to contents, forms, and
origins of documents.
4.
Working methods
a)
The Council shall work under the democratic principle; by the methods of
discussion, offer of opinions and voting by secret ballot or public voting.
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c)
Documents may only be submitted to competent persons for recognition as
archived documents having special value or for the withdrawal of such
recognition when it is approved by at least 2/3 of the Council members.
Article 30. Withdrawal of recognition of special value of archived
documents
1.
Recognition of special value of archived documents shall be withdrawn in the
cases specified in clause 5 Article 39 of the Law on Archives.
2.
State Records Management and Archives Agency and Department of Home Affairs
shall receive and consolidate documents and information that reflect archived
documents having special value.
3.
The Council confirming special value of archived documents shall consider
verifying information on archived documents having special value and directly
inspect documents if necessary. The Council shall work in accordance with
regulations in clause 4 Article 29 of this Circular.
4.
The Council confirming special value of archived documents shall submit a
written proposal, minutes of the meeting held by the Council, written opinions
of the Council members (if any) and proving documents to the competent person
for consideration of withdrawal of recognition of special value of archived
documents.
5.
The Minister of Home Affairs/the Chairperson of Provincial People's Committee
shall issue a decision to withdraw the recognition of special value of
archived documents.
6.
The withdrawal of recognition of special value of archived documents shall
be publicly announced on the web portal of the Ministry of Home Affairs, the
Provincial People's Committee and sent to authorities/organizations managing
documents or document owners.
Chapter VI
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Article 31. Power to issue, re-issue or revoke archiving
practice certificates
Director
of State Records Management and Archives Agency has the power to
issue/re-issue/revoke archiving practice certificates.
Form of
an archiving practice certificate is provided for in the Appendix XIII.
Article 32. Application for issuance of archiving practice
certificate
1. An
application for issuance of an archiving practice certificate includes:
a)
Application form;
A
holder of Advanced Diploma Level 5 of VQF or higher in the archiving major
shall prepare an application form for issuance of the archiving practice
certificate according to Form in the Appendix XIV.
A
holder of a Diploma Level 4 of VQF in the archiving major or a Diploma Level 4
of VQF or higher in another major shall prepare a written registration of
inspection of archiving work and application form for issuance of the archiving
practice certificate according to Form in the Appendix XV.
b) ID
card or another lawful ID document;
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d) A
portrait photo of the applicant: color photo, size 4x6 cm, white background. It
shall be taken within the last 06 months.
2.
The applicant may submit the application online, in person or by post.
If
the application is submitted online, the electronic application is required; if
the application is submitted in person, the applicant shall submit a copy of
Diploma enclosed with its original for comparison; if the application is
submitted by post, the applicant shall submit a certified copy of Diploma.
3.
The applicant for the archiving practice certificate shall pay a fee according
to regulations in the Circular No. 15/2025/TT-BTC dated April 16, 2025 of the
Minister of Finance.
Article 33. Procedures for issuance of archiving practice
certificate
1. Application
receipt and inspection
a)
State Records Management and Archives Agency shall receive the application for
issuance of the archiving practice certificate from the applicant meeting
conditions specified in clause 3 Article 56 of the Law on Archives.
The
holder of Diploma Level 4 of VQF in the archiving major or a Diploma Level 4 of
VQF or higher in another major shall submit the application for issuance of the
archiving practice certificate when State Records Management and Archives
Agency gives notification of inspection of archiving works.
b)
State Records Management and Archives Agency shall inspect and receive the
application if it is full and accurate according to regulations; request the
applicant to revise and complete the application if it is not full and
accurate; in case of refusal to receive the application, reasons shall be
clearly stated.
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a)
State Records Management and Archives Agency shall assess the application for
issuance of the archiving practice certificate submitted by the applicant
obtaining the Advanced Diploma Level 5 of VQF or higher in the archiving major.
b)
State Records Management and Archives Agency shall inspect archiving works
carried out by the applicant according to regulations in Article 34 of this
Circular if the inspection is compulsory.
3.
Issuance of the archiving practice certificate
a)
Within 15 days from the date of receipt of the application in the case
specified in point a, clause 2 of this Article or from the date of issuance of
the decision to recognize the results of inspection of archiving works
specified in clause 6, Article 34 of this Circular, the Director of State
Records Management and Archives Agency shall give a decision to issue the
archiving practice certificate and issue the archiving practice certificate to
the person who meets the prescribed conditions; notify the person who does not
meet the prescribed conditions to be issued with the archiving practice
certificate.
b) If
inspection results show that archiving works are satisfactory, an archiving
practice certificate shall be issued by each registered archiving service.
4.
Results of issuance of archiving practice certificates shall be published on
the web portal of State Records Management and Archives Agency.
Article 34. Inspection of archiving works
1.
The inspection of archiving works for issuance of the archiving practice
certificate shall be announced on mass media and the web portal of State
Records Management and Archives Agency.
2.
Legal knowledge about archiving; standards and processes for the registered
archiving services and other regulations of relevant laws shall be inspected.
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4. Results
of inspection of archiving works shall be announced on the web portal of State
Records Management and Archives Agency.
5.
The time limit for receipt of a written regarde shall not exceed 05 working
days from the date of notification of the inspection result. The regarde result
shall be announced on the web portal of State Records Management and Archives
Agency.
6.
Decisions to recognize results of inspection of archiving works shall be
announced on the web portal of State Records Management and Archives Agency.
Article 35. Re-issuance of archiving practice certificate
1. An
application for reissuance of the archiving practice certificate includes:
a) An
application form for re-issuance of the archiving practice certificate
according to Form in the Appendix XVI;
b)
Damaged certificate or certificate in which personal information is required to
be revised;
c)
Commitment made by the applicant in case the certificate is lost; ID documents
related to revision to personal information on the certificate.
d) A
portrait photo of the applicant: color photo, size 4x6 cm, white background. It
shall be taken within the last 06 months.
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a) If
the application is submitted online, the applicant shall submit electronic ID
documents specified in points a, c, d clause 1 of this Article; if the
application is submitted in person, the applicant shall submit copies of such
documents enclosed with their originals for comparison; if the application is submitted
by post, the applicant shall submit certified copies of such documents.
b)
The applicant may submit the certificate specified in point b clause 1 of this
Article in person or by post.
3.
The application shall be received and inspected as follows:
a)
State Records Management and Archives Agency shall receive the application for
reissuance of the archiving practice certificate from the applicant.
b)
State Records Management and Archives Agency shall inspect and receive the
application if it is full and accurate according to regulations; request the
applicant to revise and complete the application if it is not full and
accurate; in case of refusal to receive the application, reasons shall be
clearly stated.
4.
Within 10 days from the date of receipt of the application, the Director of
State Records Management and Archives Agency shall issue a decision to reissue
the archiving practice certificate and reissue the archiving practice
certificate to the applicant meeting conditions according to regulations.
Article 36. Revocation of archiving practice certificate
1.
The archiving practice certificate shall be revoked in the cases specified in
clause 6 Article 56 of the Law on Archives.
2.
Director of State Records Management and Archives Agency shall decide the
revocation of the archiving practice certificate.
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4.
Results of revocation of archiving practice certificates shall be published on
the web portal of State Records Management and Archives Agency.
Chapter VII
MANAGEMENT
OF ARCHIVED DOCUMENTS IN CASE AUTHORITIES AND ORGANIZATIONS ARE DISSOLVED,
DECLARED BANKRUPT, RE-ORGANIZED OR HAVE THEIR OPERATIONS TERMINATED
Article 37. General principles
1.
All dossiers and documents produced during the operation of an
authority/organization shall be submitted, revised, listed and handed over
according to regulations of the law on archives before the
authority/organization is dissolved, declared bankrupt, re-organized or has its
operations terminated. Each authority/organization shall manage its own
documents in the form of fonts, ensuring these fonts are centrally organized
rather than dispersed. Such fonts shall be closed from the date of termination
of the authority/organization’s operations.
2.
The authority/organization/individual shall not illegally possess or destroy
documents; damage or lose documents; and shall ensure safety for documents
during the process of handover, management and use.
3.
Regarding tasks that have not yet been performed, the authority/organization
shall hand over dossiers and documents to the newly established
authority/organization or the authority/organization in charge of performing
such tasks.
4.
Authorities/organizations required to submit documents to the historical
document-archiving unit shall be responsible for submitting documents permanently
archived to the competent historical document-archiving unit before
dissolution, bankruptcy, termination of operations or re-organization.
Article 38. Dissolution, bankruptcy or termination of
operations
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2.
Other documents shall be handed over to the direct superior
authority/organization or handed over to the owner or the owner’s
representative agency for management.
Article 39. Reorganization
1.
Documents permanently archived shall be submitted to the historical
document-archiving unit according to regulations in clause 4 Article 37 of this
Circular.
2. Other
documents shall be managed as follows:
a) In
case the authority/organization is divided into new authorities/organizations,
and at the same time ceases to exist, documents shall be handed over to the
direct superior authority/organization for management.
b) In
case a unit affiliated to an authority/organization is separated from the
authority/organization but the authority/organization does not cease to exist,
the unit’s documents shall be submitted to the archiving unit of the
authority/organization before the unit is separated.
c) In
case a new authority/organization is established by merging/consolidating
authorities/organizations or adjusting the functions and duties of an existing
organization, documents shall be handed over to the new authority/organization
after merger/consolidation/adjustment for management.
3.
Documents of an enterprise when it is re-organized shall be managed according
to regulations in Article 41 of this Circular.
Article 40. Establishment, dissolution, merger, division or
adjustment to boundaries of administrative divisions
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2. In
case a district-level administrative division terminates its operations,
documents shall be managed as follows:
a)
The Chairperson of the province-level People's Committee shall hand over
physical documents and documents on other information carriers to the
historical document-archiving unit of the State in the province for receipt and
revision according to Article 65 of the 2024 Law on Archives. After revision,
documents permanently archived shall be submitted to the historical
document-archiving unit; documents archived for a certain period shall be
handed over by the Chairperson of the province-level People's Committee to the
supervisory authority/organization according to regulations of law.
b)
The Chairperson of the province-level People's Committee shall submit digital
documents to a competent authority to determine scope of documents of each
authority/organization according to its account or ID number and extract and
hand over such documents to the historical document-archiving unit of the State
in the province to archive them, ensuring that such documents are accessible
and usable according to regulations of law; and at the same time, hand over
documents to the competent authority to continue to operate a system for access
and use until all documents are completely transferred to a new system.
Article 41. Reorganization of enterprise
1.
Documents permanently archived shall be submitted to the historical
document-archiving unit according to regulations in clause 4 Article 37 of this
Circular.
2.
Other documents shall be managed as follows:
a) In
case a limited liability company or joint-stock company is divided to establish
two or more new companies and at the same time ceases to exist, documents shall
be handed over to the owner or the owner’s representative agency for
management.
b) In
case a limited liability company or joint-stock company is divided to establish
one or some new limited liability companies or joint-stock companies and does
not cease to exist, documents of the shareholders or members of the new company
shall be submitted to the archiving unit of the divided company
c) In
case two or some companies are consolidated into a new company and at the same
time cease to exist; or one or some companies are merged with another company
and at the same time cease to exist, documents shall be handed over to the
newly established company after consolidation/merger for management.
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Article 42. Responsibilities of heads of
authorities/organizations
1.
Direct units and individuals to prepare dossiers and compile lists of dossiers
and documents to be handed over to archiving units.
2.
Direct organization of revision to documents that are being preserved at
archiving units.
3.
Assign persons and provide warehouses and necessary equipment to safely protect
and preserve documents until they are handed over to competent authorities/organizations
for management.
Chapter VIII
IMPLEMENTATION
Article 43. Effect
1.
This Circular takes effect from July 01, 2025.
2.
The following Circulars shall be annulled:
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b)
Circular No. 09/2014/TT-BNV dated October 01, 2014 of the Minister of Home
Affairs;
c)
Circular No. 10/2014/TT-BNV dated October 01, 2014 of the Minister of Home
Affairs
d)
Circular No. 16/2014/TT-BNV dated November 20, 2014 of the Minister of Home
Affairs
dd)
Circular No. 02/2020/TT-BNV dated July 14, 2020 of the Minister of Home
Affairs;
e)
Circular No. 01/2023/TT-BNV dated March 09, 2023 of the Minister of Home
Affairs.
Article 44. Implementation responsibilities
1.
Ministers, Heads of ministerial authorities, Heads of Governmental authorities,
Chairpersons of People's Committees of provinces and central-affiliated cities
and relevant authorities, organizations and individuals shall be responsible
for implementing this Circular.
2.
Any difficulties arising in the implementation should be reported to the
Ministry of Home Affairs for study and settlement./.
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PP. MINISTER
DEPUTY MINISTER
Cao Huy