Numbers: 01 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Hanoi, January 3, 2013
Detailed rules enforce certain provisions of the Archives Law
Government Law Base December 25, 2001;
The Archives Law Base November 11, 2011;
On the recommendation of the Minister of the Interior;
The government issued a decree regulating the implementation of some of the provisions of the Law of the Archives,
What? 1. The adjustment range
This decree rules the details of: Management of e-storage materials; the period of filing of the archives of the public, defence, diplomatic, and other industries into the Archives of History; some special cases where the use of the archives is associated with it. Personal and authority, procedures, recall certificate of storage.
What? 2. Explain the word
In this decree, the words below are understood as follows:
1. Electronic records are a collection of related electronic documents about one problem, one incident, a specific object or common feature, formed during the tracking process, solving the work of the functional range, the agency ' s mission, the organization, and the organization. Private, personal.
2. Electronic records are the application of information technology to link electronic materials that form during the tracking process, address the work of the agency, organization, individual into electronic records.
3. The input information data are information that describes the properties of documents such as content, author, time, format, quality, conditions, and other properties to facilitate the collection, preservation, search, access, management, and storage. Data.
4. Career expertise is a technical document, a career formed in the process of solving work to serve on the day-to-day business expertise of the agency, organization.
5. Certificate of storage practice is a certificate of occupational capacity issued by the state authority to provide sufficient qualifications of expertise, experience, and regulatory conditions by law to carry out the storage services.
ELECTRONIC STORAGE DOCUMENT MANAGEMENT
What? 3. Define the value of electronic storage material
1. The electronic storage document is defined in value by principle, method, and standards that determine the value of content such as stored material on other items and must meet the following requirements:
a) Secure the reliability, integrity and authentication of the information contained in the electronic document since the electronic document was first initiated as a complete data message;
b) The information contained in the electronic storage document can be accessed, used in complete form.
2. The electronic storage document meets the specified conditions at paragraph 1 This is valued as the original.
What? 4. The electronic storage document forms during the operation of the agency, the organization said.
1. The electronic storage document formed during the operation of the agency, the organization must be mapped, selected and preserved according to the storage and information technology technology in the electronic document management system.
2. The electronic document management system must ensure that the technical requirements for documentation of electronic storage are authenticated, complete, consistent, secure, accessible from the time the document is created.
3. Ministry of Internal Affairs, Ministry of Information and Communications rules basic functions; exchange processes, storage, electronic documentation processing; responsibilities of agencies, organizations, individuals during the processing of jobs in the electronic document management system.
What? 5. The electronic storage document forms from the digitization of stored material on other bearing objects.
1. The electronic storage document formed from the digitization of stored material on other bearing objects must meet the input of input information data. The agency, the organization, the individual who does not cancel the stored document has a permanent preservation value after that document is digitized.
2. The agency, the organization is responsible for using the numeration signature for digitization document.
3. The agency ' s numerical signature, the organization must meet the requirements of the law on electronic transactions.
What? 6. The input of input information data
1. The input information data must be unified, in accordance with the technical standard of information technology and storage business.
2. The interior ministry guidelines for the standard of input information data of the electronic storage document.
What? 7. Collate electronic storage materials
1. The case of electronic storage materials and paper storage materials that have a duplicate content are collected both types.
2. When the delivery of the electronic storage document, the Agency Archives, the History Archive must examine the authenticity, integrity and accessibility of the profile. The profile must secure the content, structure and context of the formation and is protected to not be damaged or destroyed, repaired or lost data.
3. The collection of electronic storage materials into the Agency Archive is carried out in accordance with the following process:
a) Save the notification agency for the delivery unit document delivery unit;
b) The organ storage and unit delivery unit of the unified document on requirements, means, structure, and format transfer;
c) The unit, the individual delivery of the file and specification data accompanying;
d) Store the audit authority to ensure that the record is sufficient and correct in accordance with the category; the form and structure agreed; the exact link to the data specification with the profile; the virus test;
Storage of the agency to transfer the case to the agency's electronic archives management system and perform backup backup measures;
e) The filing of the filing of electronic archives into the Archives.
4. The collection of electronic storage materials into the History Archive is done according to the following process:
a) The history of history and the storage of the unified body of the filing of the filing, requirements, means, structure, and format;
b) The database store of documents and specification data is attached;
c) Archive the audit history to ensure that the record is sufficient and correct in accordance with the categories; the form and structure agreed; the exact link to the data specification with the profile; the virus test;
d) The history of transferring the case to the electronic storage document management system of the History Archive and the implementation of the backup backup measures;
The filing of the filing of electronic archives into the History Archive.
5. Agency, organization, individual only to be canceled, the electronic archives document after the delivery of the file, that document has succeeded and is examined by the Archives or Agency Archive, confirmed.
6. Technical criteria in the process of filing and collecting electronic storage materials between the Agency Archives with the History Archive must be made in accordance with the standard of data exchange by law.
What? 8. Preservation of electronic storage materials
1. The electronic storage document must be preserved safely and is converted in accordance with the right technology.
2. The agency storage, History Archive must regularly check, backup to secure safety, integrity, access to electronic storage materials and use technical measures to be classified, stored well but must be warrantifully secured. Change the contents of the document.
3. The means of storing electronic archives must be preserved in the appropriate storage environment.
4. The Ministry of Internal Affairs rules out the requirements for the preservation of electronic archives.
What? 9. Using electronic storage materials
1. The authority to allow the reading, star, certificate of archivisor to the electronic storage document is done as for the stored material on other items.
2. The agency, the organization responsible for posting information about the process, procedure, the cost of carrying out the service using electronic storage materials on the agency ' s electronic pages, the organization.
3. Recommend the implementation of the service using online electronic storage materials.
4. The means of storing electronic storage materials under the Limited Document Category List is not connected and used on a wide network.
What? 10. Secure and secure electronic storage materials
1. Agency, organization is responsible for periodically testing and ensuring the safety of the electronic document management system.
2. The agency, the organization that performs security, safety and security measures in accordance with the regulation of the law in the management of electronic archives.
What? 11. Cancel the most valuable electronic storage document
1. The electronic storage document expires according to the authority, the procedure as the stored document on other items of value.
2. The cancellation of the electronic storage document must be made to the entire document's entire portfolio that is approved and must ensure that the canceled information cannot be restored.
What? 12. The acts are strictly forbidden
1. Access, change, forgery, copy, disclose, send, cancel the unauthorized electronic archives.
2. Create or release software programs that confuse, change, sabotage the operating system or have other behaviors aimed at undermining the means of managing electronic storage materials.
What? 13. Managing responsibility for managing electronic storage materials
1. The Home Office is responsible:
a) Build a strategy, program, plan, project, project on the application of information technology to ensure the unified management of electronic storage materials by jurisdiction;
b) Construction, authorship issued or issued by jurisdiction of regulations, requirements, principles, standards, electronic document storage methods.
2. The head of the agency, the organization responsible for directing the management of electronic storage materials under the rule of law.
3. The archivitor is responsible for the staff, the proposal for the head of the agency, the organization that performs the correct implementation of the law on the storage of electronic materials.
4. The unit, the department dedicated to the information technology of the agency, the organization is responsible for the staff, the proposal for the head of the agency, the organization of information technology applications for the management of electronic storage materials and the implementation of the technical measures. to maintain the operation of the agency ' s electronic document management system, the organization.
5. The person directly follows, addressing the job responsible for implementing the regulations on creation, management, electronic records during the tracking process, addressing the work, and handing over files, documents, electronics into the organ storage.
6. The historical archive is responsible for carrying out the storage services for electronic storage materials under the rule of the law on storage.
THE DEADLINE TO FILE THE ARCHIVES OF THE PUBLIC SECTOR, DEFENSE,
DIPLOMACY AND OTHER INDUSTRY INTO HISTORICAL ARCHIVES.
What? 14. The deadline for the filing of the archives of the public, defense, foreign affairs
1. The stored document has a permanent preservation value of the public, defence, foreign affairs industries that must submit to the History Archive for the 30-year period, since the end of the work year, unless the archive document has not yet been classified or the storage document required. for daily activity.
2. The Ministry of Public Security, Ministry of Defense, Ministry of Foreign Affairs is responsible for regulating the preservation of the document of the industry after a unified opinion of the Ministry of Internal Affairs; first unification of the choice of a selection of storage materials with permanent preservation value has come to the filing deadline. and delivered into the History of Historic Archives by the rules of the Archives.
What? 15. The deadline for the filing of the other industry ' s professional archives
1. Professional expertise has the permanent preservation value of the disciplines, the other sector must be filed into the Historic Archive for 30 years, since the end of the work year, minus the storage material required for the agency ' s daily career operation, the company said. I mean,
2. The sector management agency, the field of responsibility for regulating the preservation of a professional document, after having a unified opinion of the Ministry of Internal Affairs; organizes the selection of stored documents that have permanent preservation values that have come to the limit of filing and delivery. Historical archives have jurisdiction under the rules of the Archives.
SOME SPECIAL CASES WHEN USED. PERSONAL-RELATED ARCHIVES
What? 16. The special cases when using a personal-related storage document
Personal-related archive documentation in the History Archive of one of the following cases is not widely used after 40 years, since the year of personal death:
1. The use of an individual-related storage document that affects the interests of the nation, ethnicity.
2. Using a dedicated personal archive document, signed into the History Archive upon not being personally permitted by the individual or the legal representative of that individual.
What? 17. The authority allows the use of a personal-related storage document
The specified storage document at Article 16 This decree is used restricted when granted the following authority to allow:
1. The preservation document at the Central History Archive was decided by the Minister of the Interior.
2. The preservation document at the historical Archive at the provincial level is decided by the Chairman of the Provincial People ' s Commission.
3. The personal archives of the individual deposited into the History Archive must be personally permitted by the individual or the legitimate representative of that individual.
AUTHORITY, PROCEDURE, RECOVERY STORE CERTIFICATE
What? 18. Senior authority, reissue, Certificate of Storage Certificate
1. The storage practice certificate has a value of 5 years from the date of grade and is valid in the nationwide range.
2. The Director of the Department of Internal Affairs, reissued, revoked the Certificate of Storage Practice.
3. The Department of Internal Affairs manages, releasing an embryo of storage.
1. Individuals offer a Certificate of Retention Certificate to be required at the archive of the storage service filed by the Ministry of Internal Affairs.
2. The Ministry of Internal Affairs specifies the authority, the contents of the archives and the Certificate of Examination of the Archives.
What? 20. Profiling of a Certificate of Retention Certificate
1. The application to the Certificate of Retention Certificate.
2. A certificate for the result of a storage transaction test.
3. Certificate of employment time from 05 years or more in the storage area of the agency, organization where the individual works. The recipient must be responsible for the accuracy of the confirmation content.
4. A professional diploma that specializes in matching the field of practice, namely:
a) For the preservation, repair, disinfection, disinfection, disinfection of the stored document must have a specialized diploma in storage or chemistry, birth;
b) For a document editing the document must have a degree in a professional college degree in writing, storage; other specialized university graduates must have a restitution certificate of the office, stored by the competent authority;
c) For the service of digitization document digitization must have a specialized diploma in storage or information technology. A graduate degree in storage must have a certificate of information technology due to the authority of the authority; the graduate case of the information technology industry must have a restitution certificate of the office, stored by the competent authority;
d) For the research, consulting, scientific application, and the transfer of storage technology must have a graduate degree in the undergraduate degree in storage; the other specialized university graduate must have a restitution certificate of the office, archived from the agency. You know, the authority.
5. The confirmed schedule of the Social People's Committee, the ward, the town where the permanent residence is registered.
6. Two 2 x 3 cm photo (taken in no more than six months).
What? 21. State Certificate of Retention Certificate
1. The person who asked for a Certificate of Retention Certificate sent 1 sets of files to the Internal Affairs Department where the individual registered a permanent residence.
2. The Home Office has a responsibility to check the prescribed profile and the Exchange received the profile.
3. For a 15-day period of work, since the date of receiving enough records of the Certificate of Certificate of Storage, the Director of the Department of Internal Affairs Certificate of Storage for the individual has all the prescribed conditions.
4. The collection and use of a Certificate of Certificate of Retention Conduct implementation by the Ministry of Finance regulations.
What? 22. Level Certificate of Storage Practice
1. Certificate of storage practice is reissued in the following circumstances:
a) the expiration of the Certificate of Storage Practice;
b) Additional action content;
c) A certificate of stored or lost storage.
2. The profile offers to grant the Certificate of Storage Action:
a) The application to grant the Certificate of Stored Storage at the site of the certificate of the former storage practice;
b) the certificate of old storage (except for the case of the certificate only lost);
c) A degree copy of the degree, certificate, and validation of the time working in the field concerning the application for the addition of the practice (for the case of the addition of an exercise content).
3. The deadline for the level of the Certificate of Storage is as for the new application case. The Department of the Interior is responsible for reviewing the Certificate of Storage for the eligible eligible subjects and the acquisition of an old storage action certificate (except for the Certificate of Missing Certificate).
4. Content, the duration of the Certificate of Retention Retention Certificate, added as follows:
a) Write the correct content, the duration of the Certificate of Old Storage Action for the case of failure or loss;
b) The addition of the practice content to the case for the addition of the practice content;
c) Write as the new case Certificate of Retention Certificate for the expiration of the Stored Vocational Certificate.
What? 23. Prove Certificate of Retention Certificate
1. In addition to the prescribed cases at Section 3 Article 37 The storage law, the certificate of the Certificate of Stored Storage is revoked Certificate of Storage if one of the following cases:
a) The practice is not true for the content that is written in the Storage Action Certificate;
b) Self-deleting, repair of the storage practice certificate;
c) To lend, to rent or to others using a Storage Occupational Certificate;
d) The individual declarations of non-honest information in the filing for the Certificate of Storage Practice;
In violation of the laws of law that are related to the storage operation.
2. Department of Internal Affairs Certificate in storage has the authority to revoking the Certificate of Storage Practice. The case of a violation of the specified breach at paragraph 3 Article 37 Rules of storage or regulation at Clause 1 This is the Department of Internal Affairs where the breach is issued for the Internal Affairs Department where the Certificate of Storage is processed by jurisdiction.
What? 24. Rights, the obligation of the certificate to conduct a certificate of storage
1. Be used for storage within the country by law.
2. The practice in the scope of the storage action certificate is issued.
3. Not to be self-corrected, corrected; for others to rent, borrow Certificate of Storage Practice.
4. Export the Certificate and Accept Inspection requirements, check when the agency has the authority to request.
What? 25. Management Manager Certificate of Storage
1. The Ministry of Internal Affairs is responsible for guidance, examination of the level, management of the Certificate of Storage; management, statistics, and aggregations of the certification of the Certificate of Certified Storage within the country.
2. The Home Office is responsible:
a) Check, check out the operation of the storage area within the field of management;
b) Recall Certificate of Retention Practice to a violation by statute; treatment under jurisdiction or recommended body authority to handle violations in the service of storage services;
c) The monthly information on the province ' s Electronic Information Page, the Central City of the Central Committee on the Level, Level, Recovery Certificate;
d) Resolve the complaint, denouncing the granting, use and management of the Certificate of Storage;
p) Store the original profile; subscribe to the case register or Database on the granting of the granting, reissued, recall the certificate of local storage in the locality;
e) A yearly term or a breakthrough agency report has the function to help the Ministry of Internal Affairs of the Department of State for the storage of the acute situation, reissue, revoking the Certificate of Storage.
What? 26. Waste Processing
Individuals who conduct a legal breach of the law are processed under the rule of law.
This decree has been in effect since March 1, 2013.
The Minister of the Interior is responsible for guiding and organizing the implementation of this decree.
Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the Provincial People's Committee, the Central City of the Central Committee and the agencies, the organization, the relevant individual responsible for the implementation of this decree ./.
TM. THE GOVERNMENT.