Circular 9/2014/tt-Bnv: Guidelines On The Management Of Professional Hosting And Storage Service Activities

Original Language Title: Thông tư 09/2014/TT-BNV: Hướng dẫn về quản lý Chứng chỉ hành nghề lưu trữ và hoạt động dịch vụ lưu trữ

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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law No. 01/2011/archive QH13 on February 11, 2011;

Pursuant to Decree No. 01/2013/ND-CP dated 3 January 2013 the Government detailing a number of articles of the law on Archives;

Pursuant to Decree No. 58/2014/ND-CP dated 16 June 2014 Government's functions, tasks, powers and organizational structure of the Ministry of the Interior;

The Minister of the Interior issued circulars on professional management of storage and storage services operation.

Article 1. Scope this circular guide on professional management of storage and storage services operation.

1. Professional management of storage include: management, professional embryos release archive; jurisdiction, content testing and certification testing services hosting; the form of administrative procedures and practising certificate store.

2. Operations Management hosting services that include: registration records storage services; grant, grant and revoke certificates of qualified hosting service operations; the Agency's responsibility to perform the duties of the State management of the archives; the responsibility of agencies, organizations and individuals involved in the operation of the service and use the service to store, in the form of administrative procedures and certification of qualified hosting service operations.

Article 2. The object that applies to this circular apply to the Agency the task of State management of the archives; agencies, organizations and individuals involved in the operation of the service and use a hosting service.

Article 3. Management, professional embryos release archive 1. Department of State Archives and the Ministry of the Interior is responsible for issuing, managing, printing the number and level of practice certificate stored embryos.

The embryonic form of certificate of practice archives are presented on a hard paper, A4 size (210 mm x 297 mm) (form 2, annex I).

2. where the professional casts be damaged or lost, the Department of the interior provinces, central cities (hereafter called the Interior Department) report (enclose certificate damaged embryos) and suggested the Department and State archive in the Ministry of Interior level again.

Article 4. The Organization tested and certified professional test results archive 1. Check registration conditions) is a citizen of Vietnam, has the capacity for civil acts in full.

b) Have specialized diploma and certificates of training consistent with the field of practice as defined in clause 4, article 20, Decree No. 01/2013/ND-CP dated 3 January 2013 the Government detailing a number of articles of the law on archives.

c) Have directly made the archives or related domains hosted from 5 years and over.

2. the registration records check a) copies are certified professional diploma and certificate in fostering consistent with practice area (if available).

b) working time certifications from 5 years in the area of the Agency's archives, held where the individual worked.

c) 2 Photo 2 x 3 cm (the time limit not exceeding six months from the date of the capture to the registration date).

3. Inspect a) Department and State archive in the Ministry of Interior is responsible for inspecting the storage business.

b) information related to the submission of the test registration is notified to the agencies, organizations, individuals on the mass media and on electronic information Page of the Department and the State archive in June every year.

c) content check includes: understanding legal documents, standards, business processes in the areas of registration: preservation, management, restoration, disinfection, acids, mold, digitized Archives; research, consulting, scientific applications and technology transfer.

d) test forms include: writing, testing and practice.

personal registration) check the storage service fees in accordance with the current legislation.

4. Certified Professional test results archive a) individuals meet the requirements to be certified professional test results storage.

b) test results certificate store valuable business for 5 years from the date of grant (form 1, annex I).

Article 5. The object to register the storage services operation 1. The Organization was created to new or active-hosting service prior to the date of this circular effect to registration hosting service at the Department of the Interior hosted the headquarters.

2. registration personal hosting service at the Interior Department where individuals registered permanent residence.

3. public sector business units stored function the task state management service or the public service provided under art. 2 article 5 of Decree No. 43/2006/ND-CP dated 25 April 2006, the Government's autonomy, self responsible for performing tasks , organizational, staffing and financial business units not registered public hosting service operations.

Article 6. Certificate of eligible hosting service activities 1. The Department of the Interior grants, grant, revoke the certificate of eligibility for the hosting services operations organization and individuals make hosting service operations as specified in article 36 of law archive.

2. The certificate of eligible activities valued hosting services for 5 years from the date of grant.

Qualified certificate template active-hosting service presented on A4 paper (210 mm x 297 mm) (form 9, annex I).

3. The collection and use of the fee level, to qualified certificates operate hosting services made under the provisions of the current law.

Article 7. Registration profile hosting service registration records storage services include: 1. the recommended Single level, again the certificate eligible hosting service operations (form 7, annex I).

2. certified copies of certificates of registration of business or establishment (for organization).

3. Copies are certified permanent residence (for personal independent practice).

4. List of hosting practitioners with authenticated copies of certificate of practice of hosting service activity participants (for organization).

5. certified copies of certificates of practice archive (for personal independent practice).

6. Documents that the facilities, equipment, work conditions to perform the operation of storage services in accordance with the current legislation.

Article 8. Level, level back, withdraw the certificate of qualified hosting service activities 1. Interior Department receiving records, reissuing the certificate eligible for hosting services operations organization and individuals in accordance with the law.

Within 10 (ten) working days from the date of receiving the application, the Department of the Interior grants and sublicense, publish lists of organizations and individuals are qualified certification service activities stored on electronic information Page for your organization.

2. where a certificate of qualified hosting service operations is lost, damaged, or change the information stated in the certificate, the Organization and the individual making application for certificate of eligibility service activities stored in Doha where the was certificate.

3. organizations and individuals revoked certificate eligible hosting service activity in the following circumstances: a) proper operation with the contents registered under certificate of qualified hosting service operations.

b) Declaration not true fact or fraud, forgery of records suggest the certification eligible to operate a hosting service.

c business services) are not stored in the 12 (twelve) consecutive months.

d) is dissolved or bankrupt under the provisions of the law.

4. organizations and individuals operate hosting services revoked the certificate of qualified hosting service activities must cease operation as from the day the decision of the competent authority.

5. The Department of the Interior announced the decision to revoke the certificates of eligibility service activities stored on electronic information Page of the agency within a period of 7 (seven) days from the date the revocation decision.

6. organizations and individuals hosting service operation must return the certificate of eligibility for the hosting service operations Department of the Interior, which has issued the certificate within 10 (ten) days from the date of the decision of the competent authority.

Article 9. The responsibility of agencies, organizations and individuals hosting service activities 1. In compliance with the provisions of the current law on hosting and related laws.

2. Responsible for professional standards of practice and participants have to compensation (if any) in the course of performing the services in accordance with the law.

3. Explain or provide documents, information related to the results of a hosting service when required by the competent authority under the provisions of the law.

4. Confidential information on the record, documents of the Agency, organization or individual using the storage service; recordkeeping, the documentation for the implementation of the hosting service.

5. The authorities, institutions and individuals operate hosting services are responsible to report in writing on the Department of the Interior where bodies, organizations and individuals to register the service activities on the implementation of the hosting services hosting activities from January 1 to December 31 of the reporting year. The time limit for submitting the report on 15 December of the year prior to the report. Report content according to annex II.

Article 10. The responsibility of agencies, organizations, individuals using a hosting service 1. Decide on the selection of agencies, organizations and individuals provide hosting services in accordance with the law.

2. Management, monitoring of the process and the results of your hosting service contract agencies, organizations and individuals provide hosting services under the contract has been signed.

Article 11. The Agency's responsibility to perform the duties of the State management of archive 1. Department of State Archives and help the Interior Ministry instructions, check out the professional management of storage and storage services activities within the country.

2. The Department of the Interior is responsible for: a) check, inspection, complaint resolution, to report on the operation of the service to store and use the practice hosted by organizations, individuals involved in the operation of local storage service to manage.


b) sanctioning administrative violations with regard to organizations, individual practice archive by the authority.

c) clerical Bureau report and State archive in the Ministry of Interior on management practice certificate store under the authority and operational situation of local storage service management from January 1 to December 31 of the reporting year. The time limit for submitting the report before 15 January next year's report. Report content according to annex III.

Article 12. Issued in the form of administrative procedures issued 9 (nine) in the form of administrative procedures of the certification test results storage services; level, level back and archive practice certificate issued, reissued certificate eligible hosting service activities in annex I.

Article 13. Effective enforcement of this circular effect since July 15, 2014.

Article 14. Implementation 1. Director and State archives, the Director of the Department of the interior provinces, central cities and agencies, organizations and individuals concerned is responsible for implementation of this circular.

2. During the implementation process if there are obstacles, agencies, organizations, personal reflections on the Interior Ministry to study, modify, Supplement.