Chương 2 LUẬT LƯU TRỮ 2011: THU THẬP TÀI LIỆU LƯU TRỮ

Chapter 2

COLLECTION OF ARCHIVAL MATERIALS

Section 1: RESPONSIBILITIES FOR MAKING RECORDS AND SENDING RECORDS AND MATERIALS FOR STORAGE AT INSTITUTIONAL ARCHIVAL UNIT

Article 9. Responsibilities for making records and sending records and materials for storage to institutional archival unit

1. A person assigned to settle and monitor an affair of an agency or organization shall make records of such affair and send records and materials for storage to the archival unit of that agency or organization. Before retiring, quitting his/her job or being transferred to another work, this person must fully hand over records and materials to a responsible person of that agency or organization.

2. The head of an agency or organization shall manage archival materials of his/her agency or organization; and direct, inspect and guide the making and sending of records and materials to the archival unit of his/her agency or organization.

The head of a unit of an agency or organization shall organize the making, preservation and sending of records and materials of his/her unit to the archival unit of that agency or organization.

Article 10. Responsibilities of institutional archival unit

1. To assist the head of agency or organization in guiding the making and sending of records and materials for storage.

2. To collect, correct and value materials; to make statistics of, preserve and organize the use of archival materials.

3. To hand over archival materials of permanent preservation value on the list of materials of sending for storage to historical archival unit; to organize the cancelling of invalid materials under decisions of the head of agency or organization.

Article 11. Time limit for sending records and materials to institutional archival unit

1. The time limit for sending records and materials to institutional archival unit is provided as follows:

a/ One year after completing an affair, except the case specified at point b of this clause;

b/ Three months after finalizing a construction work, for records and materials on capital construction.

2. A unit or person that needs to keep records and materials due for sending for storage as prescribed in clause 1 of this Article to serve its/his/her work must obtain approval of the head of agency or organization and make and send to institutional archival unit a list of records and materials to be kept.

The time limit for a unit or person to keep those records and materials does not exceed 2 years counting from the date due of sending for storage.

Article 12. Responsibilities for handing over and receiving records and materials to institutional archival unit

1. A unit or person responsible for handing over records and materials shall finalize records of the completed affair, make an index of records and materials for storage and handing over them to institutional archival unit.

2. Institutional archival unit shall receive records and materials and make a minutes of handover and receipt of records and materials.

3. The index of stored records and materials and the handover and receipt minutes shall be made in 02 copies, 01 be kept by the handing unit or person and 01 be kept by institutional archival unit.

Article 13. Management of e-archival materials

1. E-archival materials means materials created in the form of data messages which are formed in the operation of an agency, organization or individual and selected for storage or digitalized from archival materials in other objects containing information.

2. E-archival materials must satisfy criteria of input information; assure inheritance, consistency, truthfulness, security and accessibility; and be preserved and used by particular professional and technical methods.

3. Materials digitalized from archival materials in other objects containing information are not valuable to replace the materials which have been digitalized.

4. The Government shall detail the management of e-archival materials.

Article 14. Management of archival materials of communes, wards and townships

1. Materials formed in the operations of People's Councils, People's Committees, social organizations and socio-professional organizations of communes, wards or townships shall be selected and stored at the offices of People's Committees of communes, wards or townships.

Archivists of the offices of People's Committees of communes, wards or townships must satisfy professional criteria of archives and be enjoyed regimes and benefits in accordance with law.

2. Archivists of the offices of People's Committees of communes, wards or townships shall guide the record making, receive records and materials, correct, make statistics of, preserve and serve the use of archival materials in accordance with the law on archives.

Section 2: CORRECTION AND VALUATION OF MATERIALS

Article 15. Correction of materials

1. The head of an agency or organization shall direct and organize the correction of materials under his/her management.

2. Materials after being corrected must meet the following basic requirements:

a/ They are classified according to the principles of archival operations;

b/ Their preservation time limit is determined;

c/ Records are finalized and systemized;

d/ There are indexes of records, search database and lists of invalid materials.

Article 16. Valuation of materials

1. Valuation of materials must ensure the political, historical, comprehensive and general principles.

2. Valuation of materials in performed according to the methods of systemizing and analyzing their functions, information and historical materials.

3. Valuation of materials must be based on the following basic indicators:

a/ Contents of materials;

b/ Position of the agency, organization or individual forming materials;

c/ Meaning of the event, time and place in which materials are formed;

d/ Level of integrity of the archival set;

e/ Form of materials;

f/ Physical conditions of materials.

Article 17. Preservation duration of materials

1. Materials subject to permanent preservation are those of timeless meaning and value.

Materials subject to permanent preservation include those on viewpoints, undertakings, policies, fundaments, strategies; national key and target programs, projects and schemes; those on land and housing and other materials prescribed by competent authorities.

2. Materials subject to preservation for a definite term are those other than the ones specified in clause 1 of this Article and their preservation term are defined less than 70 years.

3. Invalid materials subject to removing for disposal are those containing the same information or with expired preservation duration under regulations and no longer necessary for practical activities and scientific and historical research.

4. The Minister of Home Affairs shall detail clause 1 and clause 2 of this Article.

Article 18. Materials valuation council

1. A materials valuation council is formed to advise the head of an agency or organization in determining preservation duration, selecting materials for handing over to institutional archival unit, selecting archival materials of institutional archival unit for handing over to historical archival unit and sorting out invalid materials.

2. A material valuation council shall be decided for establishment by the head of an agency or organization, including:

a/ Council chairman;

b/ An archivist of the agency or organization will do as council secretary;

c/ The representative of leaders of the unit leaders having the materials will do as council member;

d/ A person who is conversant with the field of the materials be evaluated, will do as council member.

3. A material valuation council shall make collegial discussion and make conclusion by majority; different opinions must be written in the council meeting minutes for submission to the head of agency or organization.

4. Based on proposals of the material valuation council, the head of agency or organization shall decide on material preservation duration, select materials for handing over to institutional archival unit, select archival materials of institutional archival unit for handing over to historical archival unit; and disposal of invalid materials as prescribed in Article 28 of this Law.

Section 3: COLLECTION OF MATERIALS INTO HISTORICAL ARCHIVES

Article 19. Historical archival unit

1. Historical archival unit shall be organized at central and provincial levels for storing materials of permanent preservation value on the list of materials to be handed over to historical archival unit.

2. Historical archival unit shall:

a/ Propose the competent archives agency of the same level to promulgate a list of agencies, organizations being source of material providers to historical archival unit and approve lists of materials to be sent to historical archival unit for storage;

b/ Guide agencies and organizations that are sources of materials handed over to store in preparing materials to be handed over for storage;

c/ Collect, correct, valuate, make statistics of, preserve and organize the use of archival materials.

Article 20. Collection and receipt of materials sent to historical archival unit

1. Historical archival unit of the Communist Party of Vietnam shall collect materials belonging to the archival set of the Communist Party of Vietnam in accordance with this Law and regulations of competent agencies of the Communist Party of Vietnam.

2. Historical archival unit of the State shall collect materials belonging to the archival set of the Vietnamese State under the following provisions:

a/ Central historical archival unit shall collect and receive archival materials formed in the operations of central agencies and organizations of the Slate of the Democratic Republic of Vietnam and the Socialist Republic of Vietnam; ministerial-level agencies and organizations, inter-zones, zones and special zones of the State of the Democratic Republic of Vietnam; central agencies and organizations of the Provisional Revolutionary Government of the Republic of South Vietnam and other central organizations of the revolutionary administration in and before 1975; stale enterprises established by the Prime Minister and other economic organizations in accordance with law; agencies and organizations of social regimes had been existed in the territory of Vietnam in and before 1975;

b/ Provincial-level historical archival unit shall collect and receive archival materials formed in the operations of provincial- and district-level agencies and organizations and special administrative-economic units not under the agencies and organizations specified at point a of this clause.

3. Historical archival unit shall collect materials of individuals on the basis of agreement.

Article 21. Time limit for handing over materials to historical archival unit

1. Within 10 years after the year of completing an affair, an agency or organization on the list of agencies, organizations being source of material providers to historical archival unit shall hand over materials of permanent preservation value to historical archival unit.

2. The time limits for handing over materials to historical archival unit of the public security, defense, foreign affairs and other sectors comply with the Government's regulations.

Article 22. Responsibilities for handover and receipt of materials to historical archival unit

1. An agency or organization on the list of agencies, organizations being source of material providers have following duties:

a/ Correct materials prior to handing over and make indexes of records and materials to be handed for storage;

b/ Make lists of materials being affixed with marks of confidentiality levels;

c/ Hand over archival materials and search engines to historical archival unit.

2. Historical archival unit shall receive records and materials and make minutes of handover and receipt of records and materials.

3. Indexes of handed records and materials and handover and receipt minutes shall be made in 03 copies, 01 to be kept by agencies or organizations handing over records and materials and 02 kept by historical archival unit, which shall be stored permanently at those agencies or organizations and historical archival unit.

Article 23. Management of archival materials of agencies and organizations not on the list of agencies, organizations being source of material providers or materials not on the list of materials to be handed over to historical archival unit

Archival materials formed in the operations of agencies and organizations not on the list of agencies, organizations being source of material providers or materials not on the list of materials to be handed over to historical archival unit shall be managed at institutional archival unit.

Article 24. Management of archival materials in case of division, split, merger or dissolution of agencies or organizations; division, split, merger, dissolution, ownership transformation or bankruptcy of stale enterprises

For an agency or organization which is divided, split, merged or dissolved; or an economic organization being a state enterprise which is divided, split, merged or dissolved, transformed its ownership or goes bankrupt, the head of such agency, organization or enterprise shall manage and hand over materials according to the following provisions:

1. Materials formed in the operation of an agency or organization shall be corrected, made statistics and preserved according to the archival set of that agency or organization;

2. When an agency or organization has decision on division, split, merger or dissolution or an enterprise has decision on division, slit, merger, dissolution, ownership transformation or bankruptcy, all completely processed records and materials of units and individuals of that agency, organization or enterprise must be handed over to institutional archival unit for correction under regulations.

3. After being corrected, archival materials shall be managed as follows:

a/ Archival materials of an agency, organization or enterprise being source of material providers to historical archival unit shall be handed over to competent historical archival unit;

b/ Archival materials of an agency, organization or enterprise other than those being the source of material providers to historical archival unit shall be managed at institutional archival unit of the new agency, organization or enterprise taking over the former's office. When the dissolved agency or organization or the dissolved or bankrupt enterprise has no or more than one agency, organization or enterprise to take over its office, its archival materials shall be handed over to institutional archival unit under the decision of its immediate superior agency or organization or a competent authority.