Ordinance 34/2001/pl-Ubtvqh10: National Archives

Original Language Title: Pháp lệnh 34/2001/PL-UBTVQH10: Lưu trữ quốc gia

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National Archives ORDINANCE _ _ _ _ _ national archives of ethnic heritage, has special value for the construction industry and protect the fatherland of Socialist Vietnam.

To protect the safe and effective use of national archives documents; enhancing the accountability of State agencies, political organizations, social-political organizations, social organizations, social-professional organization, economic organization, the people's armed units and citizens for the protection, management and use of the national archives;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;

Based on the resolutions of the National Assembly session, 8 X on the building laws and ordinances in 2001;

This Ordinance regulates the national archives.

Chapter I GENERAL PROVISIONS article 1 the national archives are valuable documents of political, economic, defense, security, Foreign Affairs, culture, education, science and technology was formed in the period of the history of the peoples of Vietnam, in the course of activities of State agencies , political organization, social-political organizations, social organizations, social-professional organization, economic organization, the people's armed units (hereinafter referred to as the Agency) and the historical characters, typically serve the study of history, science and operations practices.

National Archives documents must be the originals, the original of the document be recorded on paper, film, photographs, videotapes, video discs, audio tapes, audio discs or other bodies; in the case no longer originals, the original shall be replaced by the legitimate copies.

Article 2 Of this directive, the terms below are interpreted as follows: 1. "Vietnam's National Archive Font" is the entire archives of the Socialist Republic of Vietnam, regardless of time, origin, social mode, where technical preservation, making that document.

Vietnam's National Archive font include Font archive of Communist Party of Vietnam and the Vietnam State Archive Font.

2. "Vietnam Communist Party archive Font" is the entire document archive formed in the course of operation of the Agency, the Organization of the Communist Party of Vietnam, the Communist Party's predecessor organization, social-political organizations; documentary about the life, career and activities of Ho Chi Minh, President of the historic character, typical of the party, the historic character of the party is the key leaders of the State, of the social-political organisation.

3. "the State Archive Font Vietnam" is the entire document archive formed in the process of the activity of State bodies, social organizations, social-professional organization, economic organization, the people's armed units, historical figures, and other valuable materials in the areas specified in article 1 of this Ordinance.

4. "document text" is the text, other documents are formed in the course of the Agency's activities, the organization.

5. "archive" is the Agency's archives Division, organization whose mission is to collect, preserve and serve using this archive was receiving from the unit in the Agency Organization.

6. "History Archive" is the storage Agency has the task of collecting, preserving and serving long term use of archives was receiving from the current archive and other sources.

7. "insurance archives" is implementing measures for copy, preserved in the archives the archives separate dedicated separate original, original for the archives is particularly precious, rare in order to safe guard them.

Article 3 the national archives under the leadership of the party and the unified management of the State.

The national archives must be managed according to the provisions of the law.

State investment funding adequate to meet requirements of the national archives.

Article 4 the State encouraged the expansion of partnerships with organizations, foreign individuals in collecting, managing, protecting and exploiting, using national archives documents on the basis of respect for the independence, national sovereignty, equality and mutual benefit, in accordance with the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam sign in or join.

Article 5 1. Private documents of the individual, the family, their line of value as the document specified in article 1 of this Ordinance to be registered and State protection; the storage agencies responsible for guidance, help on technical maintenance.

2. the State encourages the donation for the dealership's own personal documents, his family, their line to the archive; in the case of selling your own personal documents, his family, their line, they must notify the Agency archives and sale priority for archives.

3. The documents prescribed in paragraph 1 of this article to a foreign subject to provisions of the law.

Article 6 1. The head of the Agency, held within the scope of the task, their powers are responsible for directing the work of the archives and the application of science and technology to modernize the work archive, improving the efficiency of collection, management, protection and exploitation, using the national archives.

2. Officials and public servants to do the work of the archives is responsible for the collection, management, protection and safety of service exploitation, using the national archives.

Article 7 the Agency, organization, individual rights, using the national archives to serve the needs of the work, scientific research and other legitimate needs; at the same time have the responsibility to implement the provisions of this Ordinance and the provisions of relevant laws.

Article 8 the collection, management, protection, exploitation, use and publication of the national archives in the State secrets and documents archive is particularly precious, rare was made according to the provisions of the law.

Article 9 prohibits the seizure, unlawful destruction, damaging the national archives or use the national archives on purpose contrary to the interests of the State, the legitimate rights and interests of organizations and individuals.

Chapter II MANAGEMENT and USE of ARCHIVES Items 1: COLLECT, MANAGE and PROTECT ARCHIVES article 10 clerical documents of the Agency, the Organization would have to be registered and managed at the Agency, that organization.

Article 11 agencies, organizations, individuals in the process of construction, issued documents and document use writing to set the record and safety protection.

Clerical documents valued the Agency's archives, the Organization would have to be delivered to the current archive of Agency, that organization by the deadline stipulated in paragraph 1 of article 14 of this Ordinance.

Article 12 jurisdiction to collect documents in national archives Vietnam Font is specified as follows: 1. the party hosting agency collects documents in Communist Vietnam archive Font.

Authority to collect material in Communist Vietnam archive Font of organ, organize the levels due to the party's competent authority provisions as proposed by the central archives;

2. the storage agencies of the State to collect documents in State Archives Vietnam Font.

Authority to collect documents in State Archives Vietnam Font of organ of the Organization, Government-regulated levels as proposed by the Central Archive Agency.

Article 13 1. The head of the Agency, held to decide the selection of the material delivered to the mail text into the current archive, choose current archives to deliver to archive the history and types of documents off the value to destruction at the suggestion of the Board determines the value of the document.

The Council determines the value of the document issued by the head of the Agency, established organizations.


2. The selection of the historical archives to preserve and type out a document off the value in hosting history to destroy by the Council valuation assessment documents suggest the Agency has the jurisdiction to decide according to the rules of the Government.

The Council valuation assessment document issued by the head of the central archives agency established.

Article 14 the term hand archives are defined as follows: 1. After a year, since the work is related to the clerical documents to end the valuable document archive is delivered to the store;

2. The time limit for delivery of filed documents from the archives of the Agency, held in the historical archives shall be as follows: a) after ten years, since the document was delivered to the mail text archive of the Agency, held in Central;

b) year after year, since the document was delivered to the mail text archive of existing agencies, local organizations;

3. delivery period the Government filed documents in the archives of the Ministry of defence, the Ministry of public security, Ministry of Foreign Affairs and several other organizations, organs; archives for science and technology, literature and art; Archives by movie, pictures, tapes, video discs, audio tapes, audio discs, other bodies as suggested by the Central Archive Agency.

Article 15 1. In the case of organs, the Organization dissolved, bankrupt business then before the termination of the operation, the head of the Agency, organization, enterprises must manage, deliver documents under the provisions of the following: a) the archives of the Agency, held in deposit by the source archive of history must be delivered to the archives of history;

b) archives of the Agency, not the source of the historical archive of the submission must be delivered to the archives of the Agency, the superior organization directly.

2. In the case of organs, the organization split, merger, when splitting, merging head offices, organizations that must manage, deliver documents stored in accordance with the Agency's central archive.

3. In case of merger, separation of administrative units shall manage, deliver documents as specified by the Government.

Article 16 1. The most valuable document destruction must be conducted in accordance with agency procedures the Central Archive regulations and must ensure destroyed most of the information in that document.

2. The document destruction off value must be established. Records of the destruction of documents off the value include: a) the Sheet about the destruction of documents most of the value;

b) document category visas value;

c) Board meeting minutes document the valuation;

d) decided to destroy the document off the value of the authorized person;

DD) report on the destruction of documents and other relevant documents.

Records of the destruction of documents most of the value to be stored in the organs, the Organization has the document been destroyed within a period of at least twenty years from the date the documents were destroyed.

Article 17 1. Archives must be preserved in the archives.

2. Archives of historical value are preserved in the archive.

3. Special archives of rare, precious must be preserved under the insurance mode of archives.

The standard archive types and insurance mode of archives Central hosting agency regulations.

Section 2: USE of ARCHIVES Article 18 1. Documents stored in the archives of history be exploited, used extensively for research requirements of the whole society, except the document stored in the category of State secrets, the archives is particularly precious, rare.

2. The head of the historic archives must inform, introduce the list archives to serve the exploit, use.

Article 19 special archives, rare; Archives are at risk of being damaged just be exploited, used copies.

Article 20 1. The authority allows the exploitation, use of national archives documents for agencies, organizations and individuals in the country is regulated as follows: a) the head of the Agency, held to allow mining, use of archives preserved in the archives of the Agency, its management organization;

b) who heads the Center for the national archives allow the extraction, use of archives preserved in the National Archives Center, except for documents stored in the category of State secrets and the archives is particularly precious, rare.

2. Enabling the exploitation, use the national archives for the Organization, foreign individuals are made according to the provisions of the law.

Article 21 1. Agencies, organizations, individuals in the country be brought overseas archives to serve public service activities, scientific research and other legitimate needs after competent authorities permit and must refund the intact archives.

2. Prohibiting the carrying of archives is particularly precious, rare out of the territory of Vietnam, in the special case be competent State agencies allow the only copy.

Article 22 1. The Agency, the Organization would allow mining, use the archives Agency, that organization allows copies of archives.

2. the storage agencies granted probate archives.

Copy of the document stored procedure, issued a certificate by the archives of the Central Archive agency regulations.

Article 23 the disclosure of documents in the national archives Vietnam font is specified as follows: 1. the competent authority of the party rules the publication of documents in the Vietnam Communist Party archive Font;

2. Government regulation the publication of documents in State Archives Vietnam Font.

Article 24 the extraction Costs, use of archives to be made under the provisions of the law.

Chapter III ADMINISTRATION of ARCHIVE article 25 on State management content archive includes: 1. building and directing implementation planning, store development plan;

2. building, and organizing the legal text of the archives;

3. the unified management of the national archives;

4. State statistics about the archive;

5. unified management expertise, specialized on hosting;

6. The organisation, steering scientific research and the application of scientific and technological achievements in hosting operations;

7. training, fostering, clerical officer, archive; management task to emulate, reward in store operations;

8. Inspection, testing, solving complaints, accusations and handle breach of the law on Archives;

9. International cooperation on hosting.

Article 26 1. The unified Government to manage state on hosting.

2. the central archiving authority function for the Party Chief, responsible to the Government in the implementation of State management of the archives.

The Organization, duties and powers of the organs of the Central archive due to government regulations.

Article 27 organs, organized within the scope of the task, their powers are responsible for managing the work of the archives.

Chapter IV REWARDED and HANDLE BREACH Article 28 Agency, organization, individual achievement in collecting, managing, protected archives; detect, deliver, donate to the valuable archives, special archives, rare for the storage agencies shall be rewarded according to the provisions of the law.

Article 29 1. Who would occupy, unauthorized destruction, damaging the national archives or other acts violating the provisions of this Ordinance, then, depending on the nature and extent of the violation that sanctioned administratively or prejudice criminal liability; If the damage is compensated according to the provisions of the law.


2. The person who would take advantage of the Office, the powers in violation of the provisions of this Ordinance, then, depending on the nature and extent of the violation being disciplined or suffer prejudice criminal liability; If the damage is compensated according to the provisions of the law.

Chapter V article 30 ENFORCEMENT PROVISIONS of this Ordinance in force since July 1, 2001.

This Ordinance replaced the Ordinance to protect the National Archives has been the State Council passed on 30 November 1982.

The previous provisions contrary to this Ordinance are repealed.

Article 31 the Government detailing and guiding the implementation of this Ordinance.
 

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