Chapter 3:
MANAGEMENT OF DOCUMENT, MANAGEMENT AND USE OF SEAL
SECTION 1. MANAGEMENT OF ARRIVING DOCUMENT
Article 12. Order to manage the arriving documents
All documents, including personal petition or letter sent to organ or organization (hereafter referred to as arriving documents) must be managed in the order as follows:
1. Receipt and registration of arriving documents;
2. Presentation and transfer of arriving documents;
3. Processing, follow-up and urge of processing of arriving documents;
Article 13. Receipt and registration of arriving documents
The document arriving from any source must be gathered at the record and archive section of organ or organization to carry out the procedures for receipt and registration. The arriving documents which are not registered at the record and archive section shall not be processed by units or individuals.
Article 14. Presentation and transfer of arriving document
1. The arriving documents must be promptly presented to the responsible person and transferred to the units and individuals for settlement. The arriving documents with sign of urgency or confidentiality level must be presented transferred right after their receipt.
2. The transfer of document must ensure the accuracy and keep the content of document confidential.
Article 15. Processing, follow-up and urge of processing of arriving documents
1. The head of organ or organization shall direct the timely processing of arriving documents. The deputy of the head shall be assigned to direct the processing of arriving document as authorized by the head and such arriving documents are under the deputy’s assigned fields.
2. Based on the content of arriving documents, the head of organ or organization shall assign the unit or individual for processing. Such unit or individual shall study and process the arriving documents according to the time limit prescribed by law or by organ or organization.
3. The head of organ or organization may assign the Chief of Office, Head of Administrative Department or the person assigned with tasks to carry out the following tasks:
a) Reviewing all of the arriving documents reporting on important and urgent documents;
b) Distributing such document to other units or individuals for processing;
c) Following and urging the processing of arriving documents.
Article 16. Management operation of arriving documents complies with the guidance of Director of State Records Management and Archives Department of Vietnam
SECTION 2. MANAGEMENT OF ISSUED DOCUMENT
Article 17. Order to manage the issued documents
All of the documents are promulgated by the organ or organization (hereafter referred to as issued documents).
The issued documents are promulgated by the organ or organization and managed in the following order:
1. Checking formula, form and presentation techniques, numbering, symbol and date of document;
2. Affix of seal and sign of urgency or confidentiality level (if any);
3. Registration of issued document;
4. Implementation of procedures, transfer and follow-up of transfer;
5. Keeping of issued documents;
Article 18. Transfer of issued documents
1. The issued documents must be completed with the record and archive procedures and transferred within its signing date and no later than the next working day.
2. The issued documents may be transferred to the place of receipt by fax or internet for rapid information.
Article 19. Keeping of issued documents
1. Each issued document must be kept at least two primary copies, one kept at the record and archive section of organ or organization and one kept in the record.
2. The kept copy at the record and archive section of organ or organization must be arranged in the order of registration.
3. The kept copy of legal normative document and other important documents of organ or organization must be made of paper of good quality with neutral pH and printed with unfaded ink.
Article 20. Management operation of issued documents complies with the guidance of Director of State Records Management and Archives Department of Vietnam
SECTION 3. MAKING CURRENT RECORDS AND HANDOVER OF DOCUMENT FOR CURRENT STORAGE OF ORGAN OR ORGANIZATION
Article 21. Content of making of current records and requirements for made records
1. The contents of making of current records include:
a) Record opening;
b) Collection and updating of documents and materials formed during the process of follow-up and processing of issues into the records;
c) Finish and cataloguing of records.
2. Requirements for each made record:
a) The record made must properly reflects functions and duties of unit, organ or organization;
b) The documents and materials collected into the record must be closely related and properly reflect the order and development of facts or order of settlement of work.
c) The documents and materials collected into the record must have relatively equal storage value;
Article 22. Handover of document for current keeping of organ or organization
1. Responsibility of units and individuals in organ or organization
a) The units and individuals in in organ or organization must hand over the records and materials with storage value for current keeping of organ or organization as per the time limit specified in Clause 2 of this Article.
b) Where units or individuals need to retain documents and materials whose time limit for handover and keeping has expired, they must make catalogue to be sent to the current keeping of organ or organization but the retention period shall not exceed 02 years.
c) All cadres, public servants and officers before retirement, resignation or transfer to another job must hand over records and materials to the succeeding unit or individual.
2. The time limit for handover of materials for current keeping is specified as follows:
a) Administrative materials: after one year since the end of work;
b) Scientific research materials or scientific and technological application materials: after one year since the works were officially accepted;
c) Basic constructional materials: after three months since the works were finalized;
d) Picture materials, films, microfilm, sound and picture recording materials and other materials: after three month since the end of work.
3. Handover procedures
Upon handover of materials, make two copies of “Index of record and material handed over and kept” and two copies of “Material receipt”. The unit or individual handing over materials for current keeping of organ or organization keeps one copy of each type.
Article 23. Responsibility for record making and material handover for current keeping
1. The head of organ or organization shall direct the record making and material and record handover for current keeping for current keeping for organs or organizations under their management.
2. The Chief of Office, Head of Administrative Department and the person assigned with tasks shall:
a) Give advice to the head of organ or organization in direction, inspection and guidance about record making and material and record handover for current keeping of inferior organs or organizations;
b) Organize the implementation of record making and material and record handover for current keeping at their organ or organization;
3. The head of units in organ or organization shall take responsibility before the head of organ or organization for implementation of record making, record storage and handover of their unit for current keeping;
4. During the process of follow-up and settlement of work, each individual must make record of such work.
Article 24. Operation of current record making and material and record handover for current keeping complies with the guidance of Director of State Records Management and Archives Department of Vietnam
SECTION 4. MANAGEMENT AND USE OF SEAL IN WORK OF RECORDS AND ARCHIVES
Article 25. Management and use of seal
1. The management and use of seal in work of records and archives shall comply with regulations of law on management and use of seal and the provisions of this Decree.
2. The seal of organ or organization must be kept by the filing staff and affixed at the organ or organization. The filing staff shall comply with the following provisions:
a) Do not hand over the seal to other people without a written permission from the competent person;
b) Affix the seal in his/her own hand on documents and papers of organ or organization;
c) Only affix the seal on documents and papers with the signature of the competent person;
d) Do not affix seal without the signature of the competent person;
3. The use of seal of organ or organization and of office or unit in organ or organization is provided for as follows:
a) The documents issued by organ or organization must be affixed with seal of such organ or organization;
b) The documents issued by office or unit within assigned power must be affixed with seal of such office or unit;
Article 26. Seal affix
1. The seal affixed must be clear, straight, proper direction and prescribed ink.
2. When affixing seal on signature, the seal must cover over 1/3 signature to the right side
3. The affix of seal on annexes attached to main documents shall be decided by the document signer and the seal is affixed on the first page covering a part of name of organ or organization or name of such annexes.
4. The affix of seal on joining page or embossing seal on specialized documents and materials shall comply with regulations of the Ministers and Heads of sector managing organs;
Tìm kiếm
Nghị định 110/2004/NĐ-CP (Bản Word)