Nghị định 30/2020/NĐ-CP về công tác văn thư

GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 30/2020/ND-CP	Hanoi, March 5, 2020

 

DECREE

ON RECORDS MANAGEMENT

Pursuant to the Law on Government Organization dated June 19, 2015;

Upon the request of the Minister of Home Affairs;

The Government hereby promulgates the Decree on records management.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree stipulates records management activities and state supervision of records management activities. Records management specified in this Decree comprises such activities as creating, signing and issuing documents; keeping and having custody of documents; creating document files and putting these files and records in corporate archives or repositories; using and managing seals and security key storage equipment for records management activities.

Article 2. Subjects of application

1. This Decree applies to state corporations, authorities and enterprises (hereinafter referred to as entities).

2. Political organizations, socio-political organizations, social organizations and socio-occupational organizations must consult regulations of this Decree, other regulations of the Party and relevant laws to apply appropriately.

Article 3. Interpretation

For the purposes of this Decree, terms used herein shall be construed as follows:

1. “Document” means written information expressed in language or symbols, created when an entity performs its functions, and presented using the prescribed structure or technique.

2. "Specialized document" means a document formed when an activity in an industry or sector defined by the head of the entity having authority over that industry or sector is performed.

3. “Administrative document” means a document formed when an entity performs its management, governance and other core business functions.

4. "Electronic document" means a document existing in the form of a data message created or digitized from a paper document and presented using the prescribed structure, technique and format.

5. “Outgoing document” means all of the documents issued by an entity.

6. “Incoming document” means all of the documents received by an entity from another entity or individual.

7. “Draft document” is a version which is written, typed or created by electronic means when an entity composes a document.

8. "Original document" means a document having the complete content and design, and directly signed, if it is a physical one, or digitally signed, if it is an electronic one, by a competent person.

9. "Primary paper document" means a document having the complete content and design, and created from a document bearing a competent person’s direct signature.

10. “Certified true copy” means a copy with the complete and exact content of an original or primary document which is presented using the prescribed structure and technique.

11. “Exemplified copy” means a duplicate with the complete and exact content of a certified true copy of a document that is presented using the prescribed structure and technique.

12. “Extract” means an exact duplicate of the needed part of content of an original document or a primary document that is presented using the prescribed structure and technique.

13. "Document directory" means a systematic list of dossiers expected to be made in a year of an entity.

14. “Dossier“ means a collection of documents and records that relate to each other with regard to a matter, an event, an object, or have common characteristics, and formed in the course of performing and monitoring business functions within the scope, functions and duties of an entity or individual.

15. "Compiling or making a dossier" means the gathering and structuring of documents and records formed in the course of performing and monitoring business functions of an entity or individual according to specified principles and methods.

16. "Electronic Document Management System" means an information system built to perform the main function of computerizing the creation, composition and issuance of documents; management of documents; compilation of dossiers, retention, depositing and archiving of dossiers on the network (hereinafter referred to as System).

17. “Records department” means an entity’s division undertaking several clerk activities.

Article 4. Records management principles and requirements

1. Principles

Records management activities must be performed consistently in accordance with laws.

2. Requirements

a) An entity’s document must be created and issued intra vires and according to the procedure, process, design and technique prescribed by laws as follows: A legislative document must be created and issued in compliance with the Law on the Promulgation of Legal Documents; a specialized document must be created and issued under appropriate regulations that are made by the head of a body in charge of a sector or industry after consulting regulations of this Decree; an administrative document must be created and issued in accordance with Chapter II of this Decree.

b) All of an entity’s outgoing and incoming documents must be placed under the centralized custody of its records department before being received and registered, except for those documents that are registered in other manner in accordance with laws.

c) Outgoing documents or incoming documents in a day must be registered, issued or delivered within that day or on the following working day at the latest. Incoming documents classified by the levels of urgency, such as "Express", "Very Urgent" and "Urgent" (hereinafter referred to as urgent documents), must be registered, submitted and delivered as soon as they are received.

d) Documents must be tracked so that their "sent", "received" or "in process" status is known.

dd) The person assigned to perform and monitor activities of an entity has the burden of making a dossier of his/her assigned duties and sending documents and records included in that dossier to the archives department for deposit or retention purposes.

e) An entity’s seal or security key storage equipment must be used and managed under laws.

g) Records management systems must meet regulations laid down in Appendix VI herein and in other relevant laws.

Article 5. Legal value of electronic documents

1. An electronic document carrying the legally required digital signature affixed by a competent person or an entity shall have legal value the same as an original paper document.

2. The digital signature added to an electronic document must fully meet regulations of laws.

Article 6. Responsibilities of entities and individuals for records management

1. Heads of entities shall, within their delegated powers, direct the proper implementation of regulations on records management activities; direct the research and application of science and technology to records management activities.

2. In the course of monitoring and performing business functions related to records management must strictly comply with the provisions of this Decree and other relevant laws.

3. Records departments of entities must take on the following duties

a) Register and carry out the procedures for issuance, delivery and tracking of the delivery of outgoing documents.

b) Receive and register incoming documents; present and transfer incoming documents.

c) File, preserve and facilitate access to documents stored in archives.

d) Manage registration numbers of documents.

dd) Manage and use seals and security key storage equipment of entities; and other seals as permitted by regulations in force.

Chapter II

DRAFTING AND SIGNING ADMINISTRATIVE DOCUMENTS

Section 1. DESIGN OR STRUCTURE AND TECHNIQUES IN FORMATTING OF ADMINISTRATIVE DOCUMENTS

Article 7. Types of administrative documents

Administrative documents are classified into: Resolutions (for specific purposes), decisions (for specific purposes), directives, rules, regulations, announcements, notices, instructions, programs, plans, proposals, schemes, projects, reports, minutes, statements, contracts, official letters, official telegrams, memos, agreements, powers of attorney, invitation letters, letters of recommendation, leave of absence, mailing notes, dispatch notes, notifications, social letters.

Article 8. Document structure

1. Document structure is a set of components of a document, including main ones required in all documents and additional ones needed in certain cases or in several documents.

2. The structure of an administrative document comprises the following main components:

a) Country’s official name and motto.

b) The issuing entity’s name.

c) Document’s numbers or codes.

d) Name of place and date of issue.

dd) Document type and abstract or summary of document content.

e) Document contents.

g) Title, full name and signature of the competent person.

h) Seal, signature of the entity.

i) Recipient.

3. In addition to those components referred to in clause 2 of this Article, a document can include:

a) Appendices.

b) "Classified” or “Urgent” marks and directions for circulation.

c) Marks indicating the document maker and number of copies to be issued.

d) Entity’s address; email address; web address; telephone number; fax number.

4. The structure of an administrative document shall be subject to regulations laid down in Appendix I hereto.

Article 9. Formatting techniques

These techniques include: Page size, layout, margins, font, font size, font style, writing or typing zones, pagination. Techniques in formatting of an administrative document shall be subject to regulations laid down in Appendix I hereto. Using capital letters in an administrative document shall be subject to regulations laid down in Appendix II hereto. The abbreviated form of an administrative document shall be subject to regulations laid down in Appendix III hereto.

Section 2. DRAFTING AND SIGNING ADMINISTRATIVE DOCUMENTS

Article 10. Drafting

1. Based on the functions, tasks, powers and purposes, content of the document to be drafted, the head of an entity or the competent person may assign a division or individual to undertake the drafting of the document.

2. The division or the individual assigned to undertake the drafting of a document must take the following steps: Determine the type of document, content of document, level of classification or urgency of the document to be drafted; collect and process relevant information; draft the document using the right formatting form, structure and techniques.

In addition to the aforesaid, for electronic documents, individuals assigned to draft documents must send draft documents and attached records (if any) to the System and input required updated information.

3. In case of needing to revise a draft document, the competent person may comment on it or on the System, send it back to the head of the division in charge of drafting the document to have it forwarded to the individual tasked with drafting documents.

4. The individual assigned to draft documents shall be accountable to the head of that division and before laws for the document that he/she is in charge of drafting within his/her scope of delegated powers or assigned duties.

Article 11. Grant of approval

1. The draft document should be signed by the competent person.

2. In case the approved draft needs to be revised, the competent person’s decision on such revision must be sought.

Article 12. Reviewing documents before issuance

1. The head of the document drafting division must check and take responsibility to the head of the entity and before law for the content of the document.

2. The person assigned to review the formatting structure and technique of a document must check and be held responsible to the entity’s head and before law for the formatting structure and technique of the document.

Article 13. Signing documents

1. Entities run by heads

The entity’s head shall have competence in signing all documents issued by the entity; can assign the deputy to sign on his/her order with respect to the documents falling within his/her ambit and some documents falling under the head’s authority. If a deputy is authorized to run the entity, that deputy may sign documents the same as the deputy does on the head's order.

2. Entities run by collectives

The entity’s head shall represent the leadership to sign documents issued by the entity. The head’s deputy may represent the collective to sign, or act on the head’s order to sign documents under his/her delegated authority, and documents in the sector falling under his/her delegated authority.

3. In special cases, the entity’s head may authorize the head of the entity or unit under the former’s control to sign several documents on his/her order. Signature authorization must be in writing; the term and scope of authorization must be defined. The authorized signer shall not be entitled to grant authorization for signing to any other person. The entity’s regulations on the formatting structure of, and the seal or digital signature on, the documents eligible for being signed by order must be obeyed. 4. The entity’s head may assign the head of the unit under the entity's control to sign several documents on his/her order. The authorized signer may assign his/her deputy to sign on his/her behalf. Signature authorization must be prescribed in detail in work rules or records management rules and regulations of entities.

5. Signers shall be held legally accountable for documents that they have signed. An entity’s head shall be held legally accountable for all documents that the entity issues.

6. When signing paper documents, blue ink pens must be used and pens that easily fade away must not be used.

7. As for electronic documents, competent persons must digitally sign on them. Placement and photo of the digital signature are specified in Appendix I hereto.

Chapter III

MANAGEMENT OF DOCUMENTS

Section 1. MANAGEMENT OF OUTGOING DOCUMENTS

Article 14. Steps in management of outgoing documents

1. Issue the number and time of issue of an outgoing document.

2. Register an outgoing document.

3. Replicate and put the entity's seal, mark indicating the classification or urgency level on a paper document; put the entity’s digital signature on an electronic document.

4. Issue and monitor the delivery of an outgoing document.

5. File and archive a copy of an outgoing document.

Article 15. Assigning the number and time of issuance to documents

1. The number and time of issuance of a document must accord with the chronological order and sequence of documents to be issued in the year (consecutively starting from No. 01 assigned to the document issued on January 1 and ending on December 31 each year). The sole number and code shall be assigned to a document issued by an entity in a year. If a document has both paper and electronic versions, the numbers and codes thereof must be consistent.

a) According to regulations on numbering of legislative documents, each of them must be assigned a serial number.

b) The numbering of specialized documents shall be subject to regulations imposed by heads of sectoral authorities.

c) The numbering of administrative documents shall be subject to regulations imposed by heads of entities.

2. Assigning the number and the time of issuance of a paper document must follow the competent person’s signature and must be completed by the subsequent working day at the latest. Classified documents shall be assigned particular serial numbers.

3. The number and the time of issuance of electronic documents must be assigned through the System's service.

Article 16. Registering outgoing documents

1. The registration of outgoing documents must comprehensively include required accurate information.

2. Registering a document

Each document must be registered in the register or on the System.

a) Registering a document in the register

The records department may register documents in the register of outgoing documents. The sample register of outgoing documents is given in the Appendix IV hereto.

b) Registering a document on the System

Documents registered on the System must contain all data fields of the sample register of outgoing documents that are printed out and must be bound in a registry book for custodial purposes.

3. Classified documents shall be registered under laws on protection of state secrets.

Article 17. Replication, sealing, digital signature and marking of classification or urgency levels

1. Replication, sealing, digital signature and marking of classification or urgency levels shall be required for paper documents.

a) An outgoing document must be replicated to reach the quantity of copies determined at the section indicating the recipient.

b) Placement of an entity’s corporate seal and marking of the classification or urgency level must be subject to regulations of Appendix I hereto.

2. Entity’s digital signature on an electronic document

Digital signature of an entity must be subject to regulations of Appendix I hereto.

Article 18. Issuing and monitoring the delivery of outgoing documents

1. Outgoing documents need to completely go through all required procedures of the records department and must be issued within the following working day at the latest. Urgent documents must be issued and delivered immediately after signing.

2. When issuing outgoing classified documents, regulations on their confidentiality, the number of copies issued, the time and place of receipt as set out in laws on protection of state secrets must be observed.

3. Any document that has already been issued, but contains any error, must be revised or replaced by the one existing in the equivalent form. Documents that have already been issued, but contain errors arising from their formatting structure or technique or issuance procedures, must be rectified by official letters sent by issuing entities.

4. Withdrawing documents

a) Upon receipt of notices of withdrawal of paper documents, recipients must return received documents.

b) Upon receipt of notices of withdrawal of electronic documents, recipients must abort these documents on the System and notify recipients of such abortion.

5. Issuing paper documents derived from documents bearing competent persons’ digital signatures: The records department prints out the document digitally signed by the competent person, marks the printed document with the entity's seal to make it become the primary document before issuing it.

6. Where the records department needs to issue electronic documents derived from paper documents, regulations laid down in point c of clause 1 of Article 25 hereof must be observed.

Article 19. Archiving outgoing documents

1. Filing and archiving a paper document

a) Its original must be deposited with the records department and must be sealed promptly after being issued, and must be filed in the order of registration.

b) The primary version thereof must be filed in the business dossier.

2. Storing a electronic document

a) Its original must be saved on the System of the issuing entity.

b) If an entity's System meets regulations of Appendix VI hereto and other relevant laws, it shall be used for storing electronic documents, instead of paper documents.

c) If an entity's System fails to meet regulations of Appendix VI hereto and other relevant laws, then the records department must create original paper documents under regulations of clause 5 of Article 18 herein that are filed in the department or in the business dossier.

Section 2. MANAGEMENT OF INCOMING DOCUMENTS

Article 20. Steps in management of incoming documents

1. Receiving an incoming document.

2. Register an incoming document.

3. Present and hand over an incoming document.

4. Process, monitoring and expedite the processing of an incoming document.

Article 21. Receiving incoming documents

1. Paper documents

a) The records department checks the number and state of envelope and security seal (if any) and the sender; compares the number and code written on the envelope with those written in the document put in the envelope. In case where any error or abnormality is detected, the records department must promptly alert the person responsible for dealing with such situation and notify the sender.

b) If all of incoming paper documents (including those with marks indicating classification levels) sent to the entity are subject to the requirement of registration with the records department, their envelopes must be opened and documents put in these envelopes must be marked "ARRIVED". If a document is addressed correctly to an individual or division of an entity, the entity's records department must hand it over to the recipient (without opening its envelope). If a document put in an envelope addressed correctly to an individual is about the entity’s business, the receiving individual must hand it back to the records department to have it registered.

c) The sample "ARRIVED” mark shall be subject to regulations of the Appendix IV hereto.

2. Electronic documents

a) The records department must check the authenticity and integrity of an electronic document, and have it received on the System.

b) If an electronic document fails to meet regulations laid down in point a of this clause, or is misaddressed, the receiving entity must bounce it back to the sending entity on the System. In case where any error or abnormality is detected, the records department must promptly alert the person responsible for dealing with such situation and notify the sender.

c) The receiving entity must promptly notify the sending entity that the document is already received within the day of receipt through the System.

Article 22. Registering incoming documents

1. In order to gain registration for an incoming document, full, clear and accurate information required for the sample register of incoming documents or the input data used for management of incoming documents must be provided. If any incoming document is not registered with the records department, the entity shall not be responsible for it, except incoming documents that may be registered in other way as prescribed by laws.

2. The arrival numbers of incoming documents are determined in the chronological order and sequence of receipt of these documents within a year. The arrival number of the paper incoming document must be consistent with that of the electronic incoming document.

3. Registering documents

Each document must be registered in the register or on the System.

a) Registering an incoming document in the register

The records department may register the incoming document in the register of incoming documents. The sample register of incoming documents is given in the Appendix IV hereto.

b) Registering an incoming document on the System

The records department receives the document and records it on the System. Where necessary, the records department can digitize the incoming document, subject to regulations of Appendix I hereto. The records department can update the System by completing fields indicating input data used for management of incoming documents according to Appendix VI hereto. Incoming documents registered on the System must contain all data fields of the sample register of incoming documents that are printed out, must be signed and bound in a registry book for custodial purposes.

4. Classified documents shall be registered under laws on protection of state secrets.

Article 23. Presenting and handing over incoming documents

1. Incoming documents must be presented by the records department within a day, or on the following working day at the latest, to the person having competence in processing these documents, and must be forwarded to the unit or individual assigned to process them. In case where the unit or individual assigned to process documents is clearly defined, the records department must forward them to that unit or individual according to the entity’s rules and regulations on management of records. Incoming documents with marks indicating urgency levels must be presented and forwarded immediately after receipt. Forwarding or handover of documents must conform to requirements concerning accuracy and confidentiality of their content.

2. Based on the content of an incoming document, working rules and regulations of an entity; functions, duties and working plans assigned to specific units or individuals, the competent person may record his/her instructions about how to process that document. If a document relates to multiple units or individuals, the presiding and cooperating unit or individual, and the processing duration, must be clarified.

3. Present, forward or hand over a paper document: Instructions for processing the document must be recorded in the “forwarded” section in the “ARRIVED" mark or the document processing slip according to the sample one given in the Appendix IV hereto. After receipt of instructions for processing the document from the competent person, the incoming document is moved back to the records department to add more information for registration, and then handed over to the unit or individual assigned to process the document. The unit or individual must sign to confirm the receipt of the paper document that is forwarded or handed over.

4. Present, forward or hand over an electronic document on the System: The records department must present the electronic document to the person having competence in giving instructions for processing documents on the System.

The competent person must record his/her instructions for processing that incoming document on the System and enter the following information into the System: The receiving unit or individual; instructions and processing status; processing duration; forwarding or handover of the document to the unit or individual assigned to process the document. In case where an electronic document is sent along with a paper document, the records department must present the former on the System and forward the latter to the unit or individual assigned by the competent person to take charge of processing the document.

Article 24. Processing, monitoring and expediting the processing of incoming documents

1. The entity’s head is responsible for giving instructions for timely processing of incoming documents and assigning the person charged with monitoring and expediting the processing of incoming documents.

2. Upon receipt of incoming documents, the unit or individual must examine and processing them by the deadline prescribed in the entity’s work rules and regulations. Incoming documents with marks indicating urgency levels must be immediately processed.

Section 3. DUPLICATION OF DOCUMENTS

Article 25. Forms of duplication

1. True copies, including: True paper copies of paper documents; true paper copies of electronic documents; true electronic copies of paper documents.

a) True paper copies of paper documents are made by photocopying original paper documents or primary paper documents.

b) True paper copies of electronic documents are made by printing original electronic documents.

b) True electronic copies of paper documents are made by digitalizing paper documents and digitally signing by entities.

2. Exemplified copies

a) Exemplified copies, including: Exemplified paper copies of paper documents; exemplified electronic copies of paper documents; exemplified paper copies of electronic documents.

b) Exemplified copies are made by printing or photocopying true copies.

3. Extracts

a) Extracts, including: Paper extracts from paper documents; electronic extracts from paper documents; electronic extracts from electronic documents; paper extracts from electronic documents.

b) Extracts are taken from documents by completely reproducing their formatting structures and contents.

4. Formatting structures and techniques of true copies, exemplified copies and extracts shall be subject to regulations laid down in Appendix I hereto.

Article 26. Legal value of copies and extracts

True copies, exemplified copies and extracts conforming to regulations laid down herein Appendix I hereto shall have legal value equivalent to primary documents.

Article 27. Duplication authority

1. The entity’s head shall be accorded authority to decide the duplication of documents that it issues, documents that other entity sends it, and regulate the authority to sign copies of documents.

2. Replicating, photocopying documents or objects containing state secrets shall be subject to laws on protection of state secrets.

Chapter IV

COMPILING DOSSIERS, FILING AND STORING DOSSIERS AND RECORDS IN ARCHIVES

Article 28. Compiling document directories

Document directories shall be approved by heads of entities, issued at the beginning of each year and sent to other relevant units and individuals as a basis for compiling dossiers. The sample directory is prescribed in the Appendix V hereto.

Article 29. Compiling dossiers

1. Requirements

a) Correctly reflect the functions and duties of units and entities.

b) Documents and records included in a dossier must be closely related to each other and properly reflect the sequence of events or business functions that need to be performed.

2. Opening dossiers

a) Individuals assigned to perform business functions shall be responsible for opening dossiers according to directories and plans of activities.

b) Provide initial updated information about dossiers according to document directories already in use.

c) In case where a dossier is not included in a directory, the individual assigned to perform business functions must, of his/her own accord, determine the following pieces of information: Title of dossier, number and code of dossier, shelf life of dossier, dossier compiler and start date.

3. Collecting documents and records, and updating dossiers with documents and records

Individuals assigned to take on these duties must collect documents and records created in the course of monitoring and performing their functions and add them to opened dossiers, including documents and records about films, images, sound recordings (where applicable) on condition that the integrity and completeness of documents and records are assured, and loss of documents and records is avoided.

4. Closing dossiers

a) Dossiers are closed when all work are done.

b) Compilers shall be responsible for: Reviewing all documents, records in the dossier; removing overlaps and drafts from the dossier; redefining the shelf life of the dossier; editing title, number and code accordingly; completing and closing the dossier.

c) As for paper documents: The compiler paginates the dossier having the shelf life of at least 5 years and indexes documents included in the dossier having the eternal shelf life; provides evidence of closing of all dossiers.

d) As for electronic dossiers: The compiler shall be responsible for updating the System with information that is missing. Cataloging of documents included in a dossier must be carried out using the System’s service.

Article 30. Filing and storing documents and records in the archives department

1. All documents and records must be fully filed and stored in the archives department; the filing and storage must be carried out within the prescribed time limit and conform to the stipulated processes and procedures.

2. The time limit for filing and storing documents and records in the archives department

a) Capital construction documents and records: They must be filed and stored in archives within a period of 3 month from the project termination date.

b) Other documents and records: They must be filed and stored in archives from the date on which all work are completely performed.

3. Filing and storage procedures

a) Paper dossiers

When filing and storing documents and records, 02 copies of “Index of documents and records to be archived” and 02 copies of “Handover note” must be made according to Appendix V hereto. Units or individuals filing documents and records in the archives department must keep 01 copy of each document.

b) Electronic dossiers

Individuals assigned to perform their functions and making dossiers must file electronic dossiers in the archives department for storage on the System.

The archives department shall be responsible for checking and receiving dossiers according to directories; exactly linking specification data with dossiers; receiving and applying the electronic archiving mode to dossiers on the System.

Article 31. Responsibilities for compiling dossiers, filing and storing documents and records in the archives department

1. The entity’s head shall, within his/her remit, duties and authority, have responsibility for keeping the entity’s documents and records; directing, examining and providing instructions on compilation and filing of dossiers in the archives department.

2. Responsibilities of heads of administrative departments

a) In the context of a subordinate entity, its administrative department must counsel the entity’s head to direct, examine and provide instructions on compiling dossiers and filing them in the archives department.

b) Conduct the compilation of dossiers, filing and storage of documents and records in the archives department.

3. Responsibilities of units and individuals affiliated to entities

a) A unit's head shall be responsible to the entity's head for compiling dossiers, keeping and filing documents and records in the archives department.

b) In the course of monitoring and performing his/her business function, each individual must document his/her performance and bear responsibility for the quantity, composition and content of documents and records in the dossier; must ensure that the dossier meets quality and other requirements as prescribed before being filed for storage in the archives department.

c) The unit or individual affiliated to an entity shall be responsible for filing documents and records having the shelf life of at least 05 years to the archives department for archiving purposes.

d) In case where the unit or individual wishes to retain documents or records due to be archived for business purposes, they must seek written consent from the entity's head and must compile the directory of documents and records to be retained for submission to the archives department. The retention period shall not be longer than 02 years from the archival due date.

dd) Before their retirement, layoff, transfer of employment or long-term training trip, public officers, servants or employees that work for an entity must hand over all documents and records formed during their service period to the unit and the archives department according to the entity’s rules and regulations.

Chapter V

MANAGEMENT AND USE OF SEALS AND SECURITY KEY STORAGE EQUIPMENT USED FOR RECORDS MANAGEMENT ACTIVITIES

Article 32. Management of seals and security key storage equipment

1. The entity’s head shall be responsible for assigning the records department to manage and use seals and security key storage equipment in accordance with regulations.

2. The records department shall assume the following responsibilities

a) Ensure the safekeeping and use of seals and secret key storage equipment at the entity’s office.

b) Hand over seals or security key storage equipment to others only when written consent from the competent person is given. Handover of seals or security key storage equipment must be documented.

c) Directly stamp, digitally sign documents issued by the entity and copies thereof.

d) Add the entity’s seal and digital signature to documents only if these documents are already signed by the competent person and copies of these documents are directly made by the entity.

3. Individuals shall be solely responsible for safekeeping of security key storage equipment and security keys.

Article 33. Use of seals and security key storage equipment

1. Using seals

a) When embossing the seal imprint, the imprint must be clear, neat, in the right direction and in red ink according to the regulations in force.

b) When chopping a seal across a signature, the seal imprint must overlap about 1/3 of the signature to the left.

c) With respect to documents annexed to the main text or appendices, the seal imprint is embossed on the top page and overlap a part of the entity's name or the title of an appendix.

d) Chopping seals at the upper left corner, chopping seals spanning all pages and embossing raised seals on paper documents shall be subject to the decision of the entity’s head.

dd) A seal on adjoining edges of pages is chopped in the midst of the right edges of pages of a document or appendix, partially spanning pages; each seal of this kind is chopped on 05 pages at maximum.

2. Use of security key storage equipment

The entity’s security key storage equipment may be used for digitally signing electronic documents that the entity issues, and electronic copies made from paper documents.

Chapter VI

STATE SUPERVISION OF RECORDS MANAGEMENT ACTIVITIES

Article 34. Duties involved in the state supervision of records management activities

1. Formulating, issuing, directing and guiding the implementation of legislative documents on records management activities.

2. Taking uniform control of records management activities.

3. Supervising scientific researches, application of science and technology for records management activities.

4. Managing training provided for clerks, archivists or persons charged with records management activities; managing emulation, commendation and rewarding tasks involved in records management activities.

5. Inspecting, examining and handling complaints and denunciations and taking action against violations of the laws on records management activities.

6. Entering into international cooperation in records management activities.

7. Making the preliminary or final review of records management activities.

Article 35. Responsibilities for control or supervision of records management activities

1. The Ministry of Home Affairs shall be held responsible to the Government for the state supervision of records management duties.

2. Ministries, Ministry-level agencies, Governmental bodies, People's Committees at all levels and state enterprises shall, within the scope of their assigned duties and delegated authority, have the following responsibilities:

a) In compliance with laws, issuing and providing instructions on implementation of regulations on records management activities.

b) Checking the implementation of regulations on records management activities by agencies and organizations under their management; settling complaints and denunciations and handling violations of laws on records management activities according to their competence.

c) Conducting and directing scientific and technological researches and application for records management activities.

d) Providing funds for modernization of technical means and infrastructure for use in records management activities, effective management and operation of the electronic document management system.

dd) Providing suitable personnel, working position, space and means, ensuring protection of state secrets, safekeeping of the entity’s seals and security key storage equipment.

e) Managing training provided for clerks, archivists or persons charged with records management activities; managing emulation, commendation and rewarding tasks involved in records management activities.

g) Making the preliminary and final review of records management performance within sectors, industries and localities.

Article 36. Budget for records management activities

1. Entities must allocate funds included in the annual state budget estimate for records management activities. State enterprises’ allocation of funds shall be subject to regulations of laws in force.

2. Funds for records management activities shall be spent on:

a) Purchasing and upgrading technical systems, infrastructure, equipment and other consumables used for records management activities.

b) Assuring communications, delivery of documents and digitalization of documents.

c) Conducting scientific researches and transfer of technologies for records management activities.

d) Carrying out other activities supporting records management.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 37. Entry into force

This Decree is entering into force as from the signature date. The Government’s Decree No.110/2004/ND-CP dated April 8, 2004 of the Government on records and archives, and the Government’s Decree No. 09/2010/ND-CP dated February 8, 2010, amending and supplementing several articles of the Decree No. 110/2004/ND-CP dated April 8, 2004 on records and archives, shall be invalidated from the effective date of this Decree.

Article 38. Implementation responsibilities

1. The Minister of Ministry of Home Affairs shall be responsible for implementing and inspecting the implementation of this Decree.

2. Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, Presidents of People’s Committees of provinces and centrally-affiliated cities, heads of state enterprises, and other organizations and individuals involved, shall be responsible for implementing this Decree./.

 

PP. GOVERNMENT PRIME MINISTER Nguyen Xuan Phuc