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Circular 14/2011/tt-Bnv: Records Management Regulations, Material Form In The Works Of People's Councils And People's Committees Of Communes, Wards And Towns

Original Language Title: Thông tư 14/2011/TT-BNV: Quy định quản lý hồ sơ, tài liệu hình thành trong hoạt động của Hội đồng nhân dân và Ủy ban nhân dân xã, phường, thị trấn

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CIRCULAR records management regulations, material form in the works of people's councils and people's committees of communes, wards and towns _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 48/2008/ND-CP on April 17, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;
Based on national archives Ordinance 4 April 2001;
Pursuant to Decree No. 110/2004/ND-CP dated 8 April 2004 by the Government on clerical work;
Pursuant to Decree No. 9/2010/ND-CP on 08 February 2010 of the Government revising, supplementing a number of articles of Decree No. 110/2004/ND-CP dated 8 April 2004 by the Government on clerical work;
Pursuant to Decree No. 111/2004/ND-CP dated 8 April 2004 from the Government detailing the implementation of a number of articles of the Ordinance on the national archives;
Pursuant to circular No. 03/2009/TT-BNV on April 28, 2010 the Department of the Interior manual functions, tasks, powers and organization of the clerical organization, hosting The ministerial bodies, and agencies in the Government and the people's committees of all levels;
The Interior Ministry regulations on the management of records, documents and forms in the works of people's councils and people's committees of communes, wards and towns as follows: chapter I GENERAL PROVISIONS article 1. Scope and subject to the provisions of this circular in principle, contents, modes of responsibility the management of records, documents and forms in the activities of the people's Council (PEOPLE'S COUNCIL) and the people's Committee (PPC) communes, wards and towns (known collectively as the social level).
Article 2. Explanation of terms 1. Document profile form in the PEOPLE'S COUNCIL and PEOPLE'S COMMITTEE's activities include social profile building materials, legal documents, administrative documents and records, documents of the institutions, social unions.
2. Archives are preserved at the archive level PEOPLE'S COMMITTEE is the valuable documents on politics, economy, culture and society, education, defense, security, science and technology are selected from the entire block of material formed in the PEOPLE'S COUNCIL and PEOPLE'S COMMITTEE's activities through the social history of the period.
Archives preserved at the archive level social PEOPLE'S COMMITTEE is the original, the original or a copy of value as the originals.
3. The management of records and documents in the archives include the township-level PEOPLE'S COMMITTEES the job of managing the text goes, to; set profile, application delivery, documentation on hosting the social PEOPLE'S COMMITTEE; collect, modify, determine the value of the document; preservation and organization use document archive formed in the PEOPLE'S COUNCIL and PEOPLE'S COMMITTEE's activity level.
Article 3. Principles of record management, document the document form the PEOPLE'S COUNCIL and PEOPLE'S COMMITTEE's activities in social management must be focused at the store-level PEOPLE'S COMMITTEES. The business activities of the archive work of collecting; modify, determine the value of the document; Statistics; preserved and organized use of documents must be made according to the provisions of this circular and of current law.
Article 4. Responsible for records management, document 1. The responsibility of the Chairman to grant Town Council granted the commune is responsible for records management, document, form the PEOPLE'S COUNCIL and PEOPLE'S COMMITTEE's activities in social, directing the implementation of the provisions of the State on the clerical, stored locally.
2. The responsibilities of the Chair Chair township-level social responsibility to steer the management of records, documents and forms in the activity of the PEOPLE according to the regulations of the work and archives of the PEOPLE'S COUNCIL and PEOPLE'S COMMITTEE of the social level.
3. Responsibilities of public servants do clerical work, stored in PPC social public servants do clerical work, stored in PPC social responsible to the Chairman granted the commune on the implementation of the tasks specified in article 5 of this circular.
4. Responsibilities of the officers, public servants and those who are not dedicated to the.
Officers, public servants and those who are not dedicated to the tracking process, solving the work is responsible for implementing the provisions of this circular and the other provisions of the law of clerical work, store.
5. Strictly prohibited the seizure, unlawful destruction, damaging records, archives, or use the archives on purpose contrary to the interests of the State, the legitimate rights and interests of organizations and individuals.
Article 5. The Mission of the public servants do clerical work, stored in PPC social public servants do clerical work, hosted at the PEOPLE'S COMMITTEE has the task of township-level: 1. Advised Chairman social functions of governance document archive at the PEOPLE'S COMMITTEE of social, ensure the consistency of management according to areas of expertise.
2. Advised Chairman level in the management of records, documents of the PEOPLE'S COUNCIL and PEOPLE'S COMMITTEE of the social level.
3. Manage the text goes, to; records management, document in the archive social; guidance officers, the PEOPLE'S COMMITTEE of township-level establishment of work; Organization of systematic arrangement, maintenance records, documentation of safety to serve long for the work of the PROVINCIAL PEOPLE'S COUNCIL and PEOPLE'S COMMITTEE of the social level.
4. Serve the needs of extraction, use of records, archives of organizations and individuals.
Chapter II RECORDS MANAGEMENT, document FORM in PEOPLE'S COUNCIL and PEOPLE'S COMMITTEE'S ACTIVITY LEVEL DOCUMENT MANAGEMENT section 1 TOWNSHIP to TAKE TEXT, article 6. Manage text to 1. Document management to all text from any source must be centralized management, unified PEOPLE'S COUNCIL and PEOPLE'S COMMITTEE issued letters at the commune. PEOPLE'S COUNCIL and PEOPLE'S COMMITTEE document social responsibility to receive and register the text to, the Chairwoman and the social PEOPLE'S COMMITTEE (or who was responsible) please comments text distribution and transfer of a main text for individual parts to be assigned the responsibility to resolve, ensure accurate and preserve text content secret. The text express stamp, an emergency must be registered, and delivered as soon as received.
2. Documents to be registered in the Windows registry or use the text document management software on the computer.
3. the PEOPLE'S COUNCIL and PEOPLE'S COMMITTEE-level clerical establishment of the Township, the registry type the following text:-the text to register of agencies, organizations;
-Single registry, mail claims, accusations;
-Text to registry.
Case management by writing software programs on the computer, follow the registration instructions using the software program. Private confidential documents to be registered in the log book or computer not connected to the network.
Article 7. Manage text 1. Public servants do clerical work, the PEOPLE'S COUNCIL and PEOPLE'S COMMITTEE at the storage level must check the Township form, form and text presentation technique of administration before the release; numbers, symbols and dates of the text; stamp agencies and emergency signs, Suite (if available). Text must be finalized and procedures on the delivery of that text was signed, is the latest in the next working day.
2. Text must be registered on the registry or text using the text management software on the computer.
PEOPLE'S COUNCIL and PEOPLE'S COMMITTEE-level clerical establishment of the Township, the registry type text go after:-the registry legal text and individual decision;
-Register the remaining administrative documents types;
-The registry text.
Case management by writing software programs on the computer, follow the registration instructions using the software program. Private confidential documents to be registered in the log book or computer not connected to the network.
Article 8. Manage your text documents, documents containing State secret content (referred to as text suite) was registered, according to the provisions of the current legislation on the protection of State secrets.
Based on the category of State secrets was competent to decide, President social rules document type content in the State secret in secret, top secret level, Suite On the envelope text Suite plays the signature mark mark level suite: document "Suite" stamped letter "C"; the document "top secret" stamp the letter "B"; the document "confidential" stamp the letter "A". Secret documents sent to the destination list who is responsible for resolving stamped "only has a new name be pillaging the DermIS".
Text suite packages are made of tough waterproof, hard paper, not through insight; When it is necessary to seal the envelope according to the regulations; There are transport safety in all situations; circumstances deem it necessary to arrange the transportation protection of confidential documents.
Any event delivery of text between the relevant person must register, have the newsletter and receive delivery within.
In the case of transmission of the content of State secrets by means of telecommunications and computers, then the State secret content must be encoded according to the rules of the law of weak muscle.
Article 9. Save mode text per text go to save two copies, the original PEOPLE'S COUNCIL and people's Committee of correspondence at the store level and 1 original stored in the profile of the work of officials and public servants directly tackling that job.
A save text to go in the PEOPLE'S COUNCIL, the PEOPLE'S COMMITTEE of social message Text must be stamped and arranged in order of registration.
Section 2 ESTABLISHMENT and APPLICATION DELIVERY to PPC STORE SOCIAL article 10. Set up a profile and request for the record was established 1. The content file a) Open records based on category of records due to the social PEOPLE'S COMMITTEE issued, the task of the work of the officers, public servants and actual work, civil servants do clerical work, stored in PPC guides the township-level public servants preparing the cover profile the profile header record, to set the record.
b) collect text, the document profile in the process of tackling the job, officers, public servants must collect the full set of documents, papers and materials related to the work needed to profile into the profile.
The text in the file must be arranged in time sequence or turning the work, reflecting the content of the work took place.
c) ends when the profile of the work done, the records also ended, officers, public servants have a responsibility to set the profile to test review, supplement the text, missing papers and sort out the duplicate text, draft, the material, the books are not needed in the profile.
2. Requirements for each profile to be created a) records was created to reflect the functions and tasks of the PEOPLE'S COUNCIL and PEOPLE'S COMMITTEE, the right tasks addressed by officials and public servants;
b) text, documentation was collected on the profile to the closely related with each other and reflect the true sequence of events or the settlement process.
3. The responsibility for the work file

a) Chairman granted the commune is responsible for managing and directing the work of establishment according to the applicable regulations of the State;
b) public servants do clerical work, stored in PPC social responsibility staff help Chairman level in managing and directing the work of establishment; the track, guiding the work to prepare and deliver records, documenting the social PEOPLE'S COMMITTEE archives according to the current rules of the State.
c) the PEOPLE'S COUNCIL and PEOPLE'S COMMITTEE, in township-level tracking process, resolve to set up work resumes the job.
Article 11. Application delivery, documentation on hosting the social PEOPLE'S COMMITTEE.
1. The time limit for delivery of filed a) following administrative documents 1 year since year end work;
b basic building materials) after 3 months from when the work was settlement;
c) film material, photos, document recording, recording after 3 months from when the job ends.
2. procedure to deliver the Department individuals, officials and public servants when filing the document, delivered to the store-level PEOPLE'S COMMITTEES to establish Township 2 contents records, filings.
Public servants do clerical work, stored in PPC social establishment 2 a delivery record documents.
The party and the receiving party documents each side keeping each type 1 a.
3. The responsibility of the Department, officers, servants, officers, public servants must communicate the filing, documents in the archives under the township level time limit specified in Paragraph 1 of this article. The case of the parts, officers, public servants need to withhold records, documents have been submitted due to establishment of the category submitted archive social but retain period not exceeding 2 years.
PEOPLE'S COUNCIL and people's Committee leaders granting civil servants before the transition, severance, retirement must hand over records, documentation for parts or successor. Not be arbitrarily seized records and documents for personal purposes, take home or to the Agency, the other units. The handover document profile for hosting social must be made in writing.
Section 3 ADDITIONAL collection, and PRESERVATION of DOCUMENTS article 12. Gather additional documents, annual, public servants do clerical work, stored in PPC social mission is to guide the Department, personal documents, documents should deliver; implementation of revenue records, documents have been submitted due to the store level.
Chairman social steering parts, personal documents, filing deadline to save on social hosting.
Article 13. The submitted source and document component needs to collect, Supplement 1. The sources submitted a) superior bodies;
PEOPLE'S COUNCIL and PEOPLE'S COMMITTEE leadership b) social: the President, the Vice President;
c) the Department, officers, public officials in charge of the areas of expertise;
d) The institutional level.
2. document components need to archive a township-level) of the PEOPLE's commune-level documentation Block-profile, material about PEOPLE'S COUNCIL election;
-Profile, document the regular and extraordinary session;
-Records, documenting the PEOPLE's monitoring activities and the representatives of the PEOPLE;
-Documentary about the work of population;
-Other documents.
b) of document social Block-General documents include material about the work of the leader, directs;
-Office documents-statistics;
-Documents of public security;
-Military document;
-Judicial documents-Registrar;
-Main document-building;
-Financial and accounting documents;
-Socio-cultural documents;
-Other documents.
c) records, documents of the trade union organizations level.
Article 14. Preserving archives 1. Archives of social security must be preserved in the archives.
2. preserving archives Repository must meet the conditions for protection, preservation of documents and information archives.
a), warehouses for preservation of archives must be arranged independently in social PEOPLE'S COMMITTEE Office with minimum 20 m square area;
b) position the room shed where low humidity or avoid preservation effect of direct sunlight;
c) preservation repository Rooms to ensure certainty, not break; not affected rain storms, flooding; not being the kind of insect infestation;
d) preservation repository Rooms must ensure clean and equipped with exhaust fans;
) the warehouse should have enough reviews (shelf), cardboard, boxes, folders, document preservation;
e) equipped with adequate means, fire equipment, fire.
3. To make sanitation warehouse mode; implement and maintain measures against destructive insects.
Article 15. Document management when splitting, merging administrative unit 1. When divided, separate administrative units into the new township-level administrative units, the new township would accept former headquarters, the town that continues to manage existing, documented records of the town are separated.
2. When adjusting the administrative unit from the district to other districts.
a) If controlled Township from the district to other districts, but management remains the administrative divisions of the old Township, the Township's document management does not change;
b) When tuning a natural area and part of the population from the commune to another commune, the management of the entire record, documents about the area and the population was adjusted up to be governed by the former Township still continue to manage.
3. When merged (or merged) some new township to township records, existing documents of the old Township, was taken to preserve the focus in the new township.
Article 16. Statistical reporting, inventory 1. Every year, hosting social must perform periodic statistics on archives, documentation and preservation of media the work of extraction of archives.
2. Statistics archive periodically every year are counted from 0 hour January 1, to 24 hours on December 31 (according to the model in the decision No. 13/2005/QD-BNV on 06/01/2005 of the Ministry of the Interior).
3. statistical reports of the level of the Interior Rooms to township-level divisions under the rules.
4. periodic inventory mode host social organization must document inventory periodically once a year, on December 31 each year.
MODIFY section 4, DETERMINE the VALUE of DOCUMENTS and DESTRUCTION of DOCUMENTS article 17 THEREAFTER. Modify document 1. The document before the preservation in the archive have to be tweaked. Public servants do clerical work, stored in PPC social responsibility to guide the correction data for staff, public servants of the PEOPLE and social PEOPLE'S COMMITTEE.
2. The document after the control must meet the following requirements: a) classified and established complete records;
b) determine the time limit for the preservation of records and documents;
c) system of records and documents;
d) set the contents of records and documents;
DD) Established the category of documents most of the value type to destruction.
Article 18. Determine the value of documents 1. The Council determines the value of material a) Board composition determines the value of documentation including:-Vice Chairman in charge of township-level Office-work statistics, the President of the Council;
-Public servants do clerical work, hosted at the PEOPLE'S COMMITTEE, Member of township-level (cum Secretary of the Council);
-Public servants have the documents or document parts officer, Commissioner.
the Board's task b) valuation of material valuation Council documents have the task of advising the Chairman granted the commune decided to profile components, documents retain document components and most of the value.
2. Determining the value of documents must reach the following requirements a) specify documentation need to preserve permanently and document preservation has the time limit calculated by the number of years;
b) identifying the document ceases to need this kind of value destruction.
Article 19. Destruction of documents off the value 1. Verify the document off the value before the destruction level Interior Room verifies the document off the value of the social level.
2. The Authority decided to destroy most materials worth Chairman social decision destroys the document off the value after the opinion writing assessment of level of the Interior Rooms of the profile contents, documents retain document and list out the value.
3. a document destruction processes) the Council determines the value of documentation reviewed document category visas and a presentation of documents thereafter (due to host PROVINCIAL PEOPLE'S COMMITTEE or the documents control unit); It is necessary to compare with the contents of records and documents retained;
b) complete the list of document profiles and thereafter the Chairman consider township level;
c) recommended procedures verified most material value;
d) based on the comments of assessment level Interior Room, complete your profile Chairman social decision document destruction off value;
DD) Organization document destruction off value;
e) set up and save records of the destruction of documents thereafter.
4. document destruction held out the value a) packaging material end value;
b) Set the minutes handed out documents of value between the clerical jobs, store-level PEOPLE'S COMMITTEES at the commune (Archive Manager) and the destruction of documents most of the value;
c) carried out document destruction of value: can perform at the headquarters level or township PEOPLE'S COMMITTEE may transfer to the manufacturing base paper for recycling;
d) set up the minutes on the shredder off value.
5. The record of the destruction of documents most of the value a) the Sheet about the destruction of documents most of the value;
b) document category visas and A most valuable document presentation;
c) Board meeting minutes document the valuation;
d) text of the level of the Interior Rooms of the foremost document verification value;
DD) the decision of the Chairman granted the town allows destruction of documents most of the value;
e) minutes of handing out material value;
g) the minutes about the destruction of documents most of the value;
h) decide on the establishment of the Council valuation document (If not yet established valuation Council document);
I) other related documents.
Profile Shredder off value must be preserved in the archives within the Township at least 20 years from the date the document was destroyed.
Section 5 ORGANIZATION of extraction, USE of ARCHIVES article 20. Mining organizations, use of documents 1. Object extraction using document.
Archives of the commune level are used to serve the needs of public servants and the township-level PEOPLE'S COMMITTEES of the legitimate needs of agencies, organizations and individuals. Public servants do clerical work, stored in PPC social responsibility to directly serve the needs of extraction, use of documents preserved at the store level.
2. procedure of extraction, use of documents preserved at the archive level by the Township Chairman social regulations.
3. individual unit when using archives must strictly enforce the regulations on information security and to preserve the secure documents.

Article 21. The authority for permission to use documents and copies, taking the document 1. Chairman social permission to use and copy of archives preserved at the store level.
2. The copy, capture the document must do public servants do clerical work, stored at the direct township-level implementation.
Article 22. Copies, certified archive readers needed a copy, authenticated this archive have to do procedures under the provisions of the social level. Chairman social review copies, certified the document archive.
Article 23. Currency lodging charges of exploitation and utilization mode of archives currency lodging charges of exploitation and utilization of archives to follow the regulations of the Ministry of finance.
Chapter III effect, RESPONSIBLE for the IMPLEMENTATION of article 24. Effective enforcement of this circular are effective after 45 days from the date issued.
Article 25. Responsible for enforcement of the people's councils and people's committees of provinces and cities under central organization responsible for implementation of this circular.