The Decree 01/2013/nd-Cp: Detailing The Implementation Of Some Articles Of The Law Archive

Original Language Title: Nghị định 01/2013/NĐ-CP: Quy định chi tiết thi hành một số điều của Luật Lưu trữ

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The DECREE detailing implementation of some articles of the law archive _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law on archives, November 11, 2011;
According to the recommendation of the Minister of the Interior;
The Government issued a decree detailing implementation of some articles of the law archive, chapter I GENERAL PROVISIONS article 1. Scope of this Decree stipulates the details of: management of electronic archives; the deadline to save archives of public security, defence, Foreign Affairs and other industry in the hosting history; some special cases when use of archives relating to individuals and jurisdiction, procedures, revoking the certificate of practice archive.
Article 2. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. the electronic record is a collection of electronic documents that are associated with each other about a problem, a thing, a specific object or have characteristics in common, forming in the process of tracking, work in the function the Agency's mission, organization, individual.
2. the establishment of electronic records is the application of information technology in order to link the electronic documents formed in the process of tracking, tackling the work of agencies, organizations, individuals into electronic records.
3. data input information is information that describes the characteristics of documents as content, author, time, format, quality, condition, and other characteristics in order to facilitate the process of collecting, storage, search, access, manage and store data.
4. professional material is technical documents, professional formation in the process of tackling the job to cater to the professional activities of the Agency, held.
5. The certificate of practice is hosting capacity certificate of practice by the competent State agencies give people have sufficient expertise, experience and the conditions prescribed by the law to make the hosting service.
Chapter II MANAGEMENT of the ELECTRONIC ARCHIVES article 3. Determine the value of electronic archives 1. Electronic archives are defined by values, principles and methods of valuation standards of content such as documents stored on other bodies and must meet the following requirements: a) ensure the reliability, integrity and accuracy of the information contained in electronic documents since the electronic document was first created as a the complete data message;
b) information contained in the electronic archives can access, use the complete form.
2. electronic archives that meet the conditions specified in paragraph 1 of this article has value as the original.
Article 4. Electronic archives formed in the course of operation of the Agency, held 1. Electronic archives formed in the course of the Agency's activities, the Organization must be created, selected and preserved according to professional storage and information technology in the management system of electronic documents.
2. The system of electronic document management must ensure that the technical requirements for the electronic archives have the authenticity, integrity, consistency, safety information, have the possibility to access right from when the document was created.
3. The Ministry of the Interior, the Ministry of information and media regulations the basic functions; the Exchange processes, storage, electronic document processing; the responsibility of agencies, organizations, individuals in the process of handling the work in the system of electronic document management.
Article 5. Electronic storage material formed from the digitized documents stored on other bodies 1. Electronic storage material formed from the digitized Archives on the other carriers must meet the standards of data input. Agencies, organizations, individuals are not destroying valuable archives preserved permanently after that document was digitized.
2. Agency, responsible organizations to use digital signatures for document digitization.
3. the Agency's digital signature, the Organization must meet the requirements of legislation on electronic transactions.
Article 6. Standard input information data 1. The data inputs are uniformly in accordance with the technical standards on information technology and professional hosting.
2. The Ministry of the Interior data standards manual input information of electronic archives.
Article 7. Collect the electronic archives 1. The case of the electronic archives and paper archives have duplicate content then collect both types.
2. When taking delivery of the electronic archives, archives, historical archives Agency must check the authenticity, the integrity and accessibility of the records. The profile must guarantee the content, structure and context formation and protection is not damaged or ruined, repairing or lost data.
3. The collection of electronic archives in archive bodies are made according to the following procedure: a) the archive agency inform the unit delivered a document categories submitted profiles;
b) storage units and agencies deliver the documents requested, the media, the structure and the format switch;
c) units, individuals filing and data interface specification;
d) host agency check to ensure getting enough and proper records by category; the format and structure agreed; the correct link to the specification data records; check for viruses;
Agency archive) file to the document management system in the Agency's electronic archives and performs backup measures;
e) Established record of the submitted electronic archives to store bodies.
4. The collection of archives to the archives of history is done according to the following procedure: a) archive the history and archive the unified agency profile portfolio deposit, request, vehicles, structures and formats;
b) host agency submission and accompanying specification data;
c) store the history check to ensure getting enough and proper records by category; the format and structure agreed; the correct link to the specification data records; check for viruses;
d) archive the history file on the management system of electronic archives of historical archives and perform backup measures;
DD) Established record of the submitted electronic archives to the archives of history.
5. Agencies, organizations, individuals are only destroying records, electronic archives after the delivery of the filing, that document was successful and the Agency hosted or stored the history check, confirm.
6. technical standards in the process of submitting and collecting electronic archives between host bodies to store the history must be made according to the standards of data exchange in accordance with the law.
Article 8. Preserving electronic archives 1. Electronic archives to be stored safely and be converted according to the appropriate technology.
2. store the historic archive, agencies must regularly check the backup, to ensure safety, the integrity, the ability to access of electronic archives and the use of technical measures to classify, store is convenient but make sure not to change the content of the document.
3. Media on electronic archives should be preserved in a suitable storage environment.
4. The Interior Ministry detailing the required preservation electronic archives.
Article 9. Use electronic archives 1. The authority for permission to read, copy, archive authentication for electronic archives is done as for the materials hosted on other bodies.
2. Agency, held responsible for posting information about processes, procedures, the cost to perform services using electronic archives on the Agency's website, the organization.
3. Encourages the implementation of services that use electronic archives online.
4. Media on electronic archives belonging to the category of limited material used is not connected and use the wide area network.
Article 10. Ensure the safety and security of electronic archives 1. The Agency, the organization responsible for periodically check and ensure the safety management system of electronic documents.
2. Agency, implementation measures to ensure the security, safety and security in accordance with the law in the management of electronic archives.
Article 11. Cancel off electronic archives the value 1. Electronic archives thereafter be cancelled according to the authority, as the procedure of archives on the other end of the value objects.
2. Cancellation of documents stored electronically must be done for the entire record in the category of documents most of the approved value and to ensure the information has been destroyed cannot be recovered back.
Article 12. The prohibited acts 1. Accessed, altered, counterfeit, copy, disclose, submit, cancel an unauthorized electronic archives.
2. Create or distribute software programs make disorder, change the operating system, vandalism or other acts aimed at undermining the media management of electronic archives.
Article 13. Responsible for the management of electronic archives 1. The Interior Ministry is responsible for: a) strategy, program, plan, project, project on the application of information technology to ensure consistent management of electronic archives according to the authority;
b) building, the authority issued or issued under the authority of regulations, requirements, guidelines, criteria, methods of archiving electronic documents.
2. The head of the Agency, the organization responsible for directing the implementation of the management of electronic archives in accordance with the law.
3. Who do the archives is responsible for staff, proposed for the head of the Agency, the implementation provisions of the law on electronic document archive.
4. Units, departments of the Agency's information technology, organizations are responsible for staff, proposed for the head of the Agency, held about the application of information technology for the management of electronic archives and the implementation of technical measures to maintain the operation of the system for electronic document management of the Agency , organization.
5. direct the person to track, resolve the work is responsible for implementation of the rules on the creation, management, establishment of electronic records in the tracking process, settle and work applicants, documents to store bodies.

6. the historical archives are responsible for implementation of the hosting services for electronic archives in accordance with the law on archives.
Chapter III the DEADLINE SAVE ARCHIVES of PUBLIC SECURITY, defence, FOREIGN AFFAIRS and OTHER INDUSTRY to ARCHIVE the HISTORY of article 14. The deadline to save the documents in the archives of the public security sector, defense, Foreign Affairs 1. Archives are worth preserving in perpetuity of the public security sector, defense, diplomacy must file save to store the history within a period of 30 years, since the year end job except archives not yet declassified or archives necessary for the daily business operations.
2. The Ministry of public security, the Ministry of Defense, Ministry of Foreign Affairs is responsible for regulating the duration of preservation of documents after the opinion of the Ministry of the Interior; consistent clue organized the selection of archives are worth preserving permanently have to save and deliver deadline to archive the history of competent jurisdiction pursuant to the law on archives.
Article 15. The deadline to save archives of professional expertise in other sectors 1. Professional documents worth preserving in perpetuity of the industry, other sectors must file save to store the history within a period of 30 years, since the year end work, unless otherwise archive material necessary for a business daily operations of the agency or organization.
2. the governing body of the industry, the field is responsible for prescribing the duration of preservation professional document after the opinion of the Ministry of the Interior; organize the selection of the archives are worth preserving permanently have to save and deliver deadline to archive the history of competent jurisdiction pursuant to the law on archives.
Chapter IV a NUMBER of SPECIAL CASES when USE of ARCHIVES RELATING to the INDIVIDUAL article 16. The special case when using archive material relating to the individual archives relating to the individual are preserved in the historical archives in one of the following cases are not widely used after 40 years, since the death of individuals: 1. The use of archives that relate to the individual affect the interests of the national country, nation.
2. Use of personal archives were donated, consigned to the archives of history when not yet personal or legal representative of that individual.
Article 17. Jurisdiction to allow the use of archives in relation to individual archives regulation in article 16 of this Decree is used when limitations are the following authority: 1. The materials preserved in the archives of the Central historic by the Minister of the Interior decisions.
2. documents preserved in the historical archives at the provincial level by the Chairman of the provincial people's Committee decision.
3. Archives of the individual dealership on historic archive have to be personal or legal representative of that individual.
Chapter V the JURISDICTION, PROCEDURES, REVOKING the CERTIFICATE of PRACTICE ARCHIVE Article 18. Issued, reissued, revoked the certificate of practice archive 1. Professional store of value for 5 years from the date of grant and have a value in the range.
2. The Director of the Department of the Interior grants, grant, revoke the certificate of practice archive.
3. The Ministry of the Interior unity of management, the release casts practice archive.
Article 19. Check out hosting services 1. Personally recommend practising certificate store must meet the requirements in business hosting test by Ministry of the Interior regulations.
2. The Ministry of the Interior specifies jurisdiction, content storage services and inspection certificates of professional test results storage.
Article 20. Records suggest practising certificate store 1. Application practice certificate store.
2. The certificate of professional test results storage.
3. working time certifications from 5 years in the field of storage organs, organizations where individuals work. The validation must take responsibility for the accuracy of the content.
4. certified copy of diploma of specialized match each field of practice, in particular: a) for the preservation, restoration, disinfection, acids, reduced mold archives must have specialized diploma about the archives or biochemistry, b.;
b) for document control services must have a university diploma of specialized clerical, archive; the case of university graduates in other disciplines must have certificates of clerical, hosted by the competent authority;
c) for digital services archives must have a diploma of specialized on hosting or information technology. Specialized graduate case archive must have a certificate of information technology by the competent authority; the case of a graduate specialization in information technology must have the certificate of clerical, hosted by the competent authority;
d) for research, consulting services, application of science and technology transfer must be stored by the specialized college graduates about the archive; the case of university graduates in other disciplines must have certificates of clerical, hosted by the competent authority.
5. Curriculum vitae confirmed by the people's committees of communes, wards and towns where registered permanent residence.
6. Two photos 2 x 3 cm (taken within 6 months).
Article 21. Procedure for certification of practice archive 1. The person requesting the certificate of practice archive send 1 to Interior Department where individuals registered permanent residence.
2. The Department of the Interior is responsible for checking the records according to the rules and granted Votes receiving records.
3. Within 15 working days from the date of receiving the application of the person requesting the certificate of practice archive, Director of the Department of the Interior certificate of practice archives for individual conditions as prescribed.
4. The currency and use fees for practising certificates store follow the regulations of the Ministry of finance.
Article 22. Reissuing the certificate of practice archive 1. The certificate of practice archive was level again in the following cases: a) the expiry of the certificate of practice uses storing;
b) additional content of practice;
c) practice archive is corrupted or lost.
2. the recommended records reissued a certificate of practice archive: a) petition to practice certificate store where the certificate has been filed in the practice of the old store;
b) practice the old archives (except for lost certificates);
c) copies certified diploma, certificate and certificate of time working in fields related to content please practice addition (for cases apply additional content of practice).
3. The time limit for considering reissuing the certificate of practice archive as for a new application. The Department of the Interior has the responsibility to review again the certificate of practice archives for objects that are eligible according to the rules and practice of the old hosting (unless the certificate is lost).
4. The content, the term of the certificate of practice archive again, supplements are recorded as follows: a) according to Records of the content, the term of the certificate of practice the old archive for broken or lost;
b) additional contents of practice for cases apply additional content of practice;
c) burn as new supply case practice archive for expired certificate of practice archive.
Article 23. Revocation of the certificate of practice archive 1. In addition to the case prescribed in paragraph 3 Article 37 of law archive, the practising certificate store is revoked the certificate of practice archive if in one of the following cases: a) practice not correct with the content stated in the certificate of practice archive;
b) arbitrarily erased, corrected the certificate of practice archive;
c) lend, lease or let others use the practice hosted;
d) individuals declared dishonest information in application practice certificate store;
DD) violates the provisions of the law related to the storage activity.
2. The Department of the Interior certificate of practice archive has the authority to revoke the certificate of practice archive. Cases detected in violation prescribed in paragraph 3 Article 37 of law or the provisions in clause 1 of this article, the Interior Department place violation detection notifies the Department of the Interior where practising certificate store handle according to the authority.
Article 24. Rights, the obligation of the person who issued the certificate of practice archive 1. Are the storage practice within the country in accordance with the law.
2. Acting within the scope of the certificate of practice archive.
3. Not be arbitrarily erased, corrected; others rent, borrow the practice archive.
4. To present the certificate and inspection requirements, check when the competent authority request.
Article 25. Responsible for managing the certificate of practice archive 1. The Interior Ministry has the responsibility to guide and check the level, professional management of the archives; management, statistics, general situation of practising certificate stored in nationwide.
2. The Department of the Interior is responsible for: a) check, inspection practice activities stored in geographical scope;
b) revoking the certificate of practice archive for regulatory violations; processed under the authority or the competent agency proposal treats the offense in practice hosting services;
c) monthly information on electronic information Page of the central cities, on the State level, grant, revoke the certificate of practice archive;
d) complaints, accusations about the granting, using and practising certificate management host;
DD) original records; sign up on the registry or database records of the grant, grant, revoke the certificate of practice in local archives;
e) annual recurring or irregular function of agency reports help the Interior Ministry on State management of store-level situation, re-issuance, revocation of the certificate of practice archive.
Article 26. Handle personal violations of practice archives violates the law on archives, then dealt with according to the provisions of the law.
Chapter VI article 27 ENFORCEMENT TERMS. Effective enforcement of this Decree has effect as from March 1, 2013.
Article 28. Implementation the Minister of Interior has the responsibility to guide and organize the implementation of this Decree.
Article 29. Responsible for enforcing

The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and agencies, organizations and individuals concerned is responsible for the implementation of this Decree.