Chương 1 LUẬT LƯU TRỮ 2011: NHỮNG QUY ĐỊNH CHUNG

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Law provides archival activities; rights and obligations of agencies, organizations and individuals in archival activities; training and improving in archival operations; archival services and archives management.

2. This Law applies to stale agencies, political organizations, socio-political organizations, socio-political-professional organization, social organizations, socio-professional organizations, economic organizations, non-business units, people's armed forces units (hereinafter referred to as agencies and organizations) and individuals.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Archival activities means activities of collecting, correcting and editing, valuing, preserving, making statistics and use of archival materials.

2. Material means an object containing information formed in the course of operation of an agency, organization or individual.

Materials include documents, projects, design drawings, maps, research works, books, statistical tables; negative and positive films, pictures, microfilms; audio and video tapes and discs; e-documents; literary and art manuscripts; work records, diaries, memoirs, autographs, handwritings; drawn or printed pictures; publications and other objects containing information.

3. Archival materials means materials of value for practical activities and scientific and historical research, which are selected for storage.

Archival materials include the master copies and originals, and lawful duplicates in case the master copies or originals are unavailable.

4. Institutional archival unit means an organization making archives of archival materials of an agency or organization.

5. Historical archival unit means an agency making archives of materials of permanent archival value received from institutional archival unit and other sources.

6. Archival set means an aggregation of archival materials formed in the operation of an agency, organization or individual.

7. National Archival set of Vietnam means the aggregation of archival materials of the Vietnamese State, regardless of their times of formation and places of storage, socio-political regimes, information-recording techniques and objects containing information.

The National Archival set of Vietnam includes the Archival set of the Communist Party of Vietnam and the Archival set of the Vietnamese State.

8. Archival set of the Communist Party of Vietnam means the aggregation of archival materials formed in the operations of organizations of the Communist Party of Vietnam, the forerunner of the Party and socio-­political organizations; historical and typical characters of the Party and its forerunner and of socio-political organizations.

9. Archival set of the Vietnamese State means the aggregation of archival materials formed in the operations of state agencies, socio-political-professional organization, social organizations, socio-professional organizations, economic organizations, non-business units, people's armed forces units, historical and typical characters and other materials formed in different historical periods of the country.

The Archival set of the Vietnamese State comprises Archival sets of the agencies, organizations and individuals specified in this Clause.

10. Record means a file of related materials on a specific issue, event or subject or of common characteristics, formed in the monitoring and settlement of affairs within the scope of functions and tasks of an agency, organization or individual.

11. Record making means the gathering and arrangement of materials formed in the monitoring and settlement of affairs of an agency, organization or individual into a record according to certain principles and methods.

12. Material collection means the process to identify material sources, select, receive and deliver valuable materials for transfer to institutional archival unit or historical archival unit.

13. Material correction means the classification, valuation, arrangement, statistical making and establishment of search engines for materials formed in the operation of an agency, organization or individual.

14. Material valuation means the evaluation of materials according to principles, methods and standards provided by competent authorities in order to determine archival value of materials, storage duration and invalid materials.

15. Backup to insure for archival material means copies of archival materials made by certain methods and standards to be kept as reserve upon occurrence of risks to archival materials.

Article 3. Principles of archival management

1. The State uniformly manages the National archival set of Vietnam.

2. Archival activities are uniformly carried out in accordance with law.

3. The State makes statistics of materials of the National archival set of Vietnam.

Article 4. State’s policies on archives

1. To provide funds and human resources for the protection, safe preservation and effective use of materials of the National archival set of Vietnam.

2. To concentrate on modernization of physical and technical foundations and apply science and technology to archival activities.

3. To recognize the ownership to archival materials; to encourage organizations and individuals to donate, deposit and sell their archival materials to the State; make contributions to and finance archival activities; and provide archival services.

4. To strengthen expansion of international cooperation in archival activities.

Article 5. Management of materials of individuals, families and clans

1. The following materials of individuals, families and clans (hereinafter referred  to as individuals) which are valuable for practical activities and scientific and historical research for the country and society may be registered to belong to the National archival set of Vietnam:

a/ Family annals, clan annals, diplomas, royal conferment, biographical records;

b/ Manuscripts, printed copies with autographs, scientific research works, creative works, correspondences;

c/ Films, pictures; audio and video tapes and discs; e-documents;

d/ Works and articles on individuals;

e/ Publications and materials collected by individuals.

2. Historical archival unit at which materials are registered shall value materials of individuals belonging to the National archival set of Vietnam specified in clause 1 of this Article.

3. Individuals possessing materials have the following rights:

a/ To register their materials at historical archival unit, receive guidance and assistance in preservation techniques and be given conditions to promote values of the materials specified in clause 1 of this Article;

b/ To donate or deposit materials at historical archival unit;

c/ To agree on purchase and sale of materials:

d/ To receive priority in using materials which are donated by them;

dd/ Allow others to use their materials deposited at historical archival unit without harming national security, state interests and rights and legitimate interests of agencies, organizations and individuals;

e/ Be commended by the State in accordance with law.

4. Individual possesing materials have the following obligations:

a/ Donate or sell only to historical archival unit for materials relating to national security;

b/ Pay preservation fees in accordance with law for materials deposited at historical archival unit, except registered materials.

Article 6. Responsibilities of heads of agencies and organizations

The head of an agency or organization shall, within his/her tasks and powers, manage archives and apply measures aiming to raise the effectiveness of the collection, management, preservation and use of archival materials; and promulgate regulations on archival work of his/ her agency or organization.

Article 7. Archivists

1. Archivists of state agencies, political organizations, socio-political organizations, people's armed forces units and public non-business units must satisfy criteria in accordance with law; be trained and improved in archival operations and other necessary knowledge suitable for work; and may enjoy corresponding regimes and benefits of their agencies or organizations, allowances for particular jobs and other incentives in accordance with law.

2. Archivists other than those provided in clause 1 of this Article must be trained and improved in archival operations and other necessary knowledge suitable with work and may enjoy regimes and benefits applicable to employees of their organizations.

3. Persons assigned to perform archival work on a part-time basis must be improved in archival operations and other necessary knowledge suitable with work.

Article 8. Strictly-prohibited acts

1. Appropriating, damaging or losing archival materials.

2. Tampering with, modifying or falsifying contents of archival materials.

3. Illegally buying, selling, transferring or cancelling of archival materials.

4. Using archival materials for the purpose of harming state interests or rights and legitimate interests of agencies, organizations or individuals.

5. Illegally bringing overseas archival materials.