Chương I Nghị định 30/2020/NĐ-CP về công tác văn thư: Quy định chung

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.