Chương 4 LUẬT LƯU TRỮ 2011: SỬ DỤNG TÀI LIỆU LƯU TRỮ

Chapter 4

USE OF ARCHIVAL MATERIALS

Article 29. Rights and obligations of agencies, organizations and individuals in use of archival materials

1. Agencies, organizations and individuals may use archival materials for their work, scientific or historical research or other legitimate demands.

2. When using archival materials, an agency, organization or individual has following obligations:

a/ Indicate the archival serial number and level of originality of archival materials and agency or organization managing archival materials; respect the originality of materials when publishing, introducing or quoting them;

b/ Not infringe state interests, rights and legitimate interests of agencies, organizations and individuals;

c/ Pay the fee for use of archival materials in accordance with law;

d/ Comply with provisions of this Law, internal rules and regulations of the agency or organization managing archival materials and other related laws.

3. An agency or organization possessing archival materials has following duties:

a/ Take the imitative in introducing its archival materials and facilitate for use of archival materials under its direct management;

b/ Annually review and notify archival materials in the list of materials with marks of confidentiality levels, which are declassified.

Article 30. Use of archival materials at historical archival unit

1. Archival materials at historical archival unit may be publicly used, except those in the list of materials restricted from use and the list of materials being affixed with marks of confidentiality levels.

2. Materials restricted from use have one of the following characteristics:

a/ Archival materials not in the list of materials being affixed with marks of confidentiality levels containing information, which, if being used publicly, may seriously harm state interests or rights and legitimate interests of agencies, organizations or individuals;

b/ Archival materials which are seriously damaged or are likely to be damaged but have not yet upgraded or restored;

c/ Archival materials which are being processed under archival operations.

The Ministry of Home Affairs shall promulgate a list of materials restricted from use suitable to socio-economic conditions in each period.

The head of historical archival unit may decide on the use of archival materials in the list of materials restricted from use.

3. Use of archival materials in the list of materials being affixed with marks of confidentiality levels is comply with provisions of the law on state secret protection.

4. Archival materials in the list of materials being affixed with marks of confidentiality levels may be used publicly in the following cases:

a/ They are declassified under the law on state secret protection;

b/ Forty years after the year of completing the work involving materials with confidentiality mark even though those materials have not been declassified.

c/ Sixty years after the year of completing the work involving materials with marks of absolute confidentiality or top confidentiality even though those materials have not been declassified.

5. Materials relating to a person may be used publicly 40 years after the year of death of that person, except a number of special cases provided by the Government.

6. Materials which are due for public use as prescribed in point c, clause 4 and clause 5 of this Article may not be used publicly under the decision of a competent agency or organization.

7. An user of archival materials at historical archival unit must have an identity card or passport, and in case of use for work, must have a letter of introduction or written request of agencies, organizations where he/she is working.

Article 31. Use of archival materials at institutional archival unit

The head of an agency or organization shall, pursuant to this Law and other related laws, provide the use of archival materials at the archival unit of his/her agency or organization.

Article 32. Ways of using archival materials

1. Using materials at the reading room of institutional archival unit or historical archival unit.

2. Publishing archival publications.

3. Introducing archival materials in the mass media or on websites.

4. Exhibiting or displaying archival materials.

5. Quoting archival materials in research works.

6. Issuing duplicates or authenticated copies of archival materials.

Article 33. Copying and authentication of copies of archival materials

1. Copying and authentication of archival materials shall be made by institutional archival unit or historical archival unit.

Persons competent to permit the use of archival materials may permit the copying of archival materials.

2. Authentication of archival materials means certification of information or copying by an agency or organization or historical archival unit, for archival materials managed by that agency or organization or historical archival unit.

Agencies, organizations and historical archival unit copying or authenticating of archival materials shall take legal responsibility for their duplicates or authenticated copies of archival materials.

3. Persons obtaining duplicates or authenticated copies of archival materials must pay fees.

4. Duplicates and authenticated copies of archival materials are as valid as their originals in relations and transactions.

Article 34. Bringing archival materials out of institutional archival unit and historical archival unit

1. An agency, organization or individual may bring archival materials out of institutional archival unit or historical archival unit to serve its/his/ her work, scientific research or other legitimate needs after being permitted by a competent state agency and must return those archival materials intact.

2. The Minister of Home Affairs and competent agencies of the Party may decide on the bringing of archival materials of historical archival unit overseas and provide the bringing of archival materials out of historical archival unit for domestic use.

Heads of agencies or organizations may decide on the bringing of archival materials of their institutional archival unit overseas and provide the bringing of archival materials out of institutional archival unit for domestic use.

3. Before bringing registered archival materials overseas, an organization or individual must notify such to historical archival unit where archival materials are registered.

4. Archival materials of historical archival unit and materials of individuals registered at historical archival unit must be made backup to insure for them before being brought overseas.