Tiếng Việt| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No: 34/2001/PL-UBTVQH10 | Hanoi, April 04, 2001 |
National archives constitute a national heritage, having a special value for the cause of building and defending the socialist Motherland of Vietnam.
In order to safely protect and effectively use the national archives; to enhance the responsibility of State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations, peoples armed force units as well as every citizen for the protection, management and use of national archives;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution of the Xth National Assembly at its eighth session on the 2001 law- and ordinance-making program;
This Ordinance provides for national archives.
National archives must be originals, recorded on paper, films, photos, video tapes, video discs, audio tapes, audio discs or other information carriers; in cases where the originals no longer exist, they may be replaced with valid copies.
Article 2.- In this Ordinance, the following terms are construed as follows:
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Vietnams national archives collection consists of the archives collection of the Communist Party of Vietnam and the archives collection of the State of Vietnam.
2. "Archives collection of the Communist Party of Vietnam" means all archives formed during the process of activity of agencies and organizations of the Communist Party of Vietnam, its predecessors, and socio-political organizations; documents on the life, cause and activities of President Ho Chi Minh, of the Partys historical and/or prominent figures, and the Partys historical and/or prominent figures who are also key leaders of the State or socio-political organizations.
3. "Archives collection of the State of Vietnam" means all archives formed during the process of activity of State agencies, social organizations, socio-professional organizations, economic organizations, peoples armed force units, historical and/or prominent figures, and other valuable materials in the domains specified in Article 1 of this Ordinance.
4. "Records" mean other documents and papers formed during the process of activity of agencies and organizations.
5. "Current archives" mean archival sections of agencies and organizations, which are tasked to collect, preserve and serve the use of, archives received from units of such agencies and organizations.
6. "Historical archives" mean archival offices tasked to collect and maintain for a long time and serve the use of, archives received from current archives and other document sources.
7. "Insurance of archives" means the application of measures of copying and preserving archives at separate specialized archival storages, separately storing the originals of particularly precious and rare archives in order to safely protect those documents.
National archives must be placed under the uniform management according to law provisions.
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2. The State encourages the donation and consignment of documents owned by individuals, families and family lines to the archival offices; where documents owned by individuals, families and family lines are put on sale, the archival offices must be informed thereof and given priority to buy them.
3. The transfer of documents specified in Clause 1 of this Article abroad shall have to comply with the provisions of law.
2. Public employees engaged in the archival work shall have to collect, manage, safely protect and serve the exploitation and use of national archives.
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MANAGEMENT AND USE OR ARCHIVES
Section 1. COLLECTION, MANAGEMENT AND PROTECTION OF ARCHIVES
Archive-worth records of agencies and organizations shall have to be handed into current archives of such agencies and organizations according to the time limit specified in Clause 1, Article 14 of this Ordinance.
1. The Partys archival office shall collect documents belonging to the archives collection of the Communist Party of Vietnam.
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2. The States archival office shall collect documents belonging to the archives collection of the State of Vietnam.
The competence of agencies and organizations at various levels to collect documents belonging to the archives collection of the State of Vietnam shall be defined by the Government at the proposal of the central archival office.
The councils for determination of the documents value shall be set up by the heads of agencies and organizations.
2. The selection of documents in historical archives for preservation and the sorting out of documents therein which are no longer valuable for destruction shall be proposed by the councils for verification of determination of the documents value to the competent bodies for decision according to the Governments regulations.
The councils for verification of determination of the documents value shall be set up by the head of the central archival office.
Article 14.- The time limit for handing of archives is prescribed as follows.
1. One year after the year the work related to the records finishes, the archive-worth documents shall be handed into current archives.
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a/ Ten years after the year the records are handed into current archives of central agencies and organizations;
b/ Five years after the year the records are handed into current archives of local agencies and organizations.
3. The Government shall prescribe the time limit for handing of archives of the Ministry of Defense, the Ministry of Public Security, the Ministry for Foreign Affairs and several other agencies and organizations; archives pertaining to science and technology, literature and arts; archives in film, photos, video tapes, video discs, audio tapes, audio discs and other information carriers at the proposals of the central archival office.
a/ Archives of agencies or organizations, which fall in the category to be put in historical archives, must be handed into historical archives;
b/ Archives of agencies or organizations, which do not fall in the category to be put in historical archives, must be handed into the archival sections of the immediate superior agencies or organizations.
2. In case of division or merger of agencies or organizations, upon the division or merger, the heads of such agencies or organizations shall have to manage and hand archives according to the regulations of the central archival office.
3. In case of division or merger of administrative units, the management and handing of archives shall comply with the Governments regulations.
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2. The destruction of documents which are no longer valuable must be made in dossier. A dossier thereof consists of:
a/ An exposition on the destruction of documents no longer valuable;
b/ The list of documents no longer valuable;
c/ The minutes of the meeting of the council for determination of the documents value;
d/ The competent persons decision on the destruction of documents no longer valuable;
e/ The record on the destruction of documents, and relevant documents.
The dossiers of destruction of documents no longer valuable must be filed at the agencies and organizations owning such destroyed documents for at least 20 years as from the date of destruction.
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2. Archives of historical value must be preserved in specialized archival storages.
3. Particularly precious and rare archives must be preserved according to the regime of archives insurance.
The criteria for different types of archival storage and the regime of archives insurance shall be prescribed by the central archival office.
2. The head of historical archives shall have to publicize and introduce the list of archives to serve the exploitation and use thereof.
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a/ The heads of agencies and organizations may permit the exploitation and use of archives preserved at the archival sections of agencies and organizations under their management;
b/ The heads of the national archival centers may permit the exploitation and use of archives preserved at their centers, excluding those on the list of State secrets, and particularly precious and rare archives.
2. The permission for the exploitation and use of national archives by foreign organizations and individuals shall comply with the provisions of law.
2. It is strictly forbidden to take particularly precious and rare archives out of the Vietnamese territory; in special cases where the permission of the competent bodies is obtained, only the copies thereof may be taken out of the Vietnamese territory.
2. The archival offices may provide authentication for archives.
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1. The Partys competent body shall prescribe the publicization of documents belonging to the archives collection of the Communist Party of Vietnam;
2. The Government shall prescribe the publicization of documents belonging to the archives collection of the State of Vietnam.
Article 24.- The fees for exploitation and use of archives shall comply with the provisions of law.
Article 25.- The contents of State management over archive include:
1. Formulating and directing the implementation of the planning and plans on the development of archive;
2. Drafting, promulgating and organizing the implementation of, legal documents on archive;
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4. Collecting State statistics on archive;
5. Performing uniform management over the archival profession;
6. Organizing and directing the scientific research and application of scientific and technological advances to archival activities;
7. Training and fostering public employees engaged in the archival and filing work; managing the work of emulation, commendation and rewarding in archival activities;
8. Inspecting, supervising and settling complaints and denunciations and handling violations of the legislation on archive;
9. Entering into international cooperation on archive.
1. The Government shall perform the uniform State management over archive.
2. The central archival office shall act as the body which gives advice to the Party and is accountable to the Government for performing the State management over archive.
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COMMENDATION AND HANDLING OF VIOLATIONS
2. Those who abuse positions and powers to violate the provisions of this Ordinance shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they shall have to pay compensation therefor according to law provisions.
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This Ordinance replaces the Ordinance on the protection of national archives, which was passed by the State Council on November 30, 1982.
All previous provisions contrary to this Ordinance are hereby annulled.
Article 31.- The Government shall detail and guide the implementation of this Ordinance.
ON BEHALF OF THE NATIONAL ASSEMBLY STANDING COMMITTEE
CHAIRMAN
Nong Duc Manh