Chương 3 LUẬT LƯU TRỮ 2011: BẢO QUẢN, THỐNG KÊ TÀI LIỆU LƯU TRỮ, HỦY TÀI LIỆU HẾT GIÁ TRỊ

Chapter 3

PRESERVATION AND MAKING STATISTICS OF ARCHIVAL MATERIALS, DISPOSAL OF INVALID MATERIALS

Article 25. Responsibilities for preservation of archival materials

1. The head of an agency or organization shall build and arrange storage place and necessary equipment and means and implement professional and technical measures to safely protect and preserve archival materials and assure the use of archival materials.

2. In case an organization without use of the State budget have not yet had conditions to protect and preserve materials as prescribed in clause 1 of this Article, it may deposit its materials at historical archival unit and it must pay fees in accordance with law.

Article 26. Management of precious and rare archival materials

1. Precious and rare archival materials are materials of permanent preservation value and have one of the following characteristics:

a/ Having special ideological, political, socio-economic, scientific or historical value and special importance to the country and society;

b/ Being formed in a special historical circumstance in terms of time, space, place or author;

c/ Being presented in an object containing information carrier which is original, typical to a historical period.

2. Precious and rare archival materials, regardless of their ownership, may be registered with central and provincial archives state management agencies and selected for registration in world and regional programs and titles.

3. Precious and rare archival materials must be inventoried, preserved, made backup to insure for them, and used under special regimes.

Article 27. State archival statistics

1. Materials of the National archival set of Vietnam must be made statistics concentratedly in books, database and management dossiers.

2. Agencies and organizations with archival materials must regularly implement the regime on archival statistics. Figures for annual statistical reports are counted from January 1 through December 31.

3. Archival statistics shall be made according to the following provisions:

a/ Central agencies and organizations shall summarize statistics of their attached units and report them to the central archives state management agency;

b/ Provincial agencies and organi­zations shall summarize statistics of their attached units and report them to provincial archives state management agencies.

Provincial archives state management agencies shall summarize statistics of provincial agencies and organizations, and district-level archives state management agencies and report them to the central archives state management agency.

c/ District- and commune-level agencies and organizations shall summarize statistics of their attached units and report them to district-level archives state management agencies.

District-level archives state management agencies shall summarize statistics of district-and commune-level agencies and organizations and report them to provincial archives state management agencies.

Article 28. Disposal of invalid materials

1. The competence to decide on the disposal of invalid materials is provided as follows:

a/ The head of an agency or organization may decide on the disposal of invalid materials of institutional archival unit.

b/ The head of a competent archives authority of a level may decide on the disposal of invalid materials of historical archival unit of the same level.

2. Procedures for decision on disposal of invalid materials are provided as follows:

a/ At the proposal of the material valuation council, the head of an agency or organization on the list of agencies, organizations being source of material providers to historical archival unit shall request the archives state management agency of the same level to evaluate invalid materials subject to disposal. The head of an agency or organization not on the list of agencies, organizations being source of material providers to historical archival unit shall request institutional archival unit of the immediate superior agency or organization to give opinions on invalid materials subject to disposal;

Based on evaluations of the material valuation council or opinions of the immediate superior agency, a competent person mentioned in clause 1 of this Article shall decide on the disposal of invalid materials.

b/ At the proposal of the material value verification council, the head of an archives slate management agency shall decide on the disposal of materials with the same information at historical archival unit.

A material value verification council shall be set up by the head of an archives state management agency to verify invalid materials at historical archival unit;

3. Disposal of invalid materials must ensure destruction of all information of those materials and must be recorded in writing.

4. A dossier of invalid material disposal includes:

a/ Decision on council establishment;

b/ List of invalid materials; proposal and explanation about invalid materials;

c/ Minutes of meetings of the material valuation council and material valuation verification council;

d/ Request for verification or opinions, made by the agency or organization with invalid materials;

dd/ Written verification or opinions of a competent agency;

e/ Decision on disposal for invalid materials;

g/ Record of handing over materials subject to disposal;

h/ Record of disposal of invalid materials.

5. Dossiers of disposal of invalid materials must be preserved at agencies or organizations with cancelled materials for at least 20 years from the date of disposal.