Decree No. 113/2025/ND-CP dated June 03, 2025 on elaboration of Law on Archives
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THE GOVERNMENT OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 113/2025/ND-CP |
Hanoi, June 03, 2025 |
DECREE
ELABORATION OF LAW ON ARCHIVES
Pursuant to the Law on Government Organization dated February 18, 2025;
Pursuant to the Law on Organization of Local Government dated February 19, 2025;
Pursuant to the Law on Archives dated June 21, 2024;
Pursuant to the Law on Electronic Transactions dated June 22, 2023;
Pursuant to the Law on Telecommunications dated November 24, 2023;
Pursuant to the Law on Data dated November 30, 2024;
At the request of the Minister of Home Affairs;
The Government promulgates Decree on elaboration of Law on Archives.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree elaborates some articles of the Law on Archives, including:
1. Establishment and updating of database of archived documents (clause 5 Article 11).
2. Specialized archives (clause 5 Article 21).
3. Backups (clause 5 Article 22).
4. Documents with conditional access archived at historical document-archiving units (clause 4 Article 25).
5. Requirements to be met by organizations investing on trade in archiving services and procedures for issuance of certificates of eligibility for trade in archiving services (clause 6 Article 53).
Article 2. Interpretation of terms
For the purposes of this Decree, the terms below shall be construed as follows:
1. Database of archived documents of the Fonds of the State refers to a collection of data on archived documents of the Fonds of the State arranged and organized for the purposes of online access, sharing, management and updating.
2. An archive number of a dossier refers to a unique series of characters assigned by an authority/organization to such dossier from the time on which it is received by the archive system and used to connect, update, share and access information on the archived document database.
3. Dossier title refers to a brief and general description of content of documents included the dossier and is expressed by an appropriate language.
4. Archiving period refers to a length of time running from the completion year of a task for which relevant documents and dossiers need to be archived.
5. An archive number of a document refers to a unique series of characters assigned by an authority/organization to such document from the time on which it is received by the archive system and used to connect, update, share and access information on the archived document database. Regarding a document included in a dossier, the archive number of the document is the archive number of the dossier and the document's ordinal number in the dossier.
6. Archive of physical documents refers to a system of basic construction infrastructure, machinery and equipment for archiving physical documents.
7. Archive of documents on other information carriers (hereinafter referred to as “archive of other documents”) refers to a system of basic construction infrastructure, machinery and equipment for archiving documents on other information carriers.
8. Digital archive data center (abbreviated as “DC”) refers to a telecommunications work, including a house/station, cable system, computer system and electricity system and auxiliary devices installed thereon to process, archive, manage, search, use and access digitally archived documents or the archived document database owned by one or more organizations/individuals.
9. Digital archive disaster recovery (abbreviated as “DR”) refers to a telecommunications work, including a house/station, cable system, computer system and electricity system and auxiliary devices installed thereon to back up the information system and data at DC, thereby maintaining recovery potential and continuous operation of the DC.
10. Risk recovery in a digital archive (abbreviated as “RR”) refers to an independent technical infrastructure system that backs up data of the DC to maintain data recovery potential in the event of data loss or damage at both DC and DR.
11. National digital archive platform refers to a comprehensive information technology system, including equipment installation infrastructure, information technology infrastructure, transmission lines, technical solutions, software and shared services that are established to serve as a basis for connecting and sharing databases of archived documents; offering support for management of databases of archived documents and archiving digitally archived documents.
12. Digital archive software system refers to a system for managing digitally archived documents, established to archive documents, uphold their value and manage the archived document database.
13. Establishment and updating of a database of archived documents refer to addition of new master data of archived documents to the digitally archived document management system or revision to some variable information fields of the master data of archived documents available in the archived document database.
14. Document with conditional access archived at a historical document-archiving unit refers to an archived document included in a list of state secrets and archived documents containing information that may adversely affect national defense, security, national and ethnic interests, international relations; social order and safety; social morality and community health if used.
Chapter II
ESTABLISHING AND UPDATING DATABASE OF ARCHIVED DOCUMENTS
Article 3. Basic information on archived documents
1. Basic information on an archived dossier includes its archive number; title; archiving period; accessibility; language; starting time; ending time; total number of documents included in the dossier; the number of pages; notes;
2. Basic information on an archived document includes its ID code; archive number; archiving period; type name; number; symbol; date of issuance; name of issuer; abstract; language; number of pages; accessibility; document file (if any) or link with its original; notes.
3. Basic information on an archived document that is film or photo (excluding the information specified in clause 2 of this Article) includes its archive number; archiving period; negative or positive film/photo; event name; title; author; place where the photo is taken; time on which the photo is taken; color, size; accompanying documents (if any); accessibility; document file (if any); notes.
4. Basic information on an archived document that is audio recording or audio-visual recording (excluding the information specified in clause 2 of this Article) includes its archive number; archiving period; audio recording or audio-visual recording; event name; title; author; place; time; language; duration; accompanying documents (if any); accessibility; document file (if any); notes.
5. Basic information on the archived document shall be synchronized with its data structure in the entire national fonds of Vietnam to make sure that it can be shared and accessed according to regulations of the law on archives.
Article 4. Establishing and updating database of archived documents of the Fonds of the State
1. Data structure of a database of archived documents of the Fonds of the State is designed in accordance with the national EA framework for digital transformation.
2. Data sources used to establish and update the database of archived documents of the Fonds of the State include
a) Master data of archived documents from digitally archived document management systems of authorities/organizations in case they submit documents to the historical document-archiving unit of the State at central level.
b) Master data of documents archived in the digitally archived document management system and data derived from physical documents and documents on other information carriers at the historical document-archiving unit of the State at central level.
c) Archived document data from databases of archived documents of ministries, central and local authorities specified in clause 2 Article 11 of the Law on Archives.
3. Archived document data shall be updated to the database of archived documents of the Fonds of the State as follows:
a) Master data of archived documents included in databases of archived documents of ministries, central and local authorities shall be updated to the database of archived documents of the Fonds of the State through the national digital archive platform.
b) Every 12 months, ministries, central and local authorities shall update the database of archived documents of the Fonds of the State.
c) A governing body of the database shall use tools and implement measures to update and synchronize data with the database of archived documents of the Fonds of the State in a safe and secure manner.
Article 5. Establishing and updating databases of archived documents of ministries, central and local authorities
1. Data structures of databases of archived documents of ministries, central and local authorities are designed in accordance with ministerial and provincial digital architecture frameworks.
2. Data sources used to establish and update databases of archived documents of ministries, central and local authorities include
a) Master data of archived documents from digitally archived document management systems of authorities/organizations under the management of ministries, central and local authorities.
b) Master data of archived documents derived from physical documents and documents on other information carriers at historical document-archiving units.
3. Data sources used to establish and update databases of archived documents of authorities and organizations affiliated to ministries, central and local authorities include
a) Master data of archived documents from the administration and document management system.
b) Master data of archived documents from the document processing system.
c) Master data of archived documents derived from physical documents and documents on other information carriers at archiving units.
d) Governing bodies of databases of ministries, central and local authorities shall use tools and implement measures to update and synchronize data with databases of archived documents of ministries, central and local authorities in a safe and secure manner.
4. Archived document data shall be updated to databases of archived documents of ministries, central and local authorities as follows
a) Master data of archived documents included in databases of archived documents of authorities and organizations shall be updated to databases of archived documents of ministries, central and local authorities through digitally archived document management systems of ministries, central and local authorities.
b) Every 06 months, authorities and organizations shall update databases of archived documents of ministries, central and local authorities.
5. Governing bodies of databases of ministries, central and local authorities shall establish, improve and complete their digitally archived document management systems and make preparations for connection to the database of archived documents of the Fonds of the State.
Article 6. Connecting, sharing and accessing database of archived documents of the National fonds of Vietnam
1. The database of archived documents of the Fonds of the Communist Party, the database of archived documents of the Fonds of the State, the database of privately archived documents shall be connected to the database of archived documents of the National fonds of Vietnam.
2. Authorities and organizations managing the databases of archived documents specified in clause 1 of this Article are entitled to access information included in their databases of archived documents affiliated to the database of archived documents of the National fonds of Vietnam.
3. Governing bodies of the databases specified in clause 1 of this Article shall be responsible for using and sharing databases of archived documents under their management with authorities, organizations and individuals according to regulations of the law on data and the law on archives.
Article 7. Responsibilities to establish and update databases of archived documents
1. Governing bodies of databases of archived documents
a) The Ministry of Home Affairs is the governing body of the database of archived documents of the Fonds of the State.
b) Ministries, ministerial authorities, Governmental authorities, Supreme People's Court, Supreme People's Procuracy, State Audit Office, Office of the President, Office of the National Assembly, other central authorities, Provincial People's Committees are governing bodies of databases of archived documents under their management.
2. Units managing, maintaining data and operating digitally archived document management systems
a) Manage and administrate data and digitally archived document management systems.
b) Advise and organize implementation and supervision of policies and regulations, inspection and supervision of data.
c) Administrate data, manage designs and model data; manage data integration and interaction and quality; ensure data safety; manage master data of databases.
d) Operate digitally archived document management systems to serve collection, updating, maintenance, access and use of databases of archived documents. If digitally archived document management systems are operated organizations or enterprises hired by governing bodies, system and database administration accounts must not be managed.
dd) Regularly conduct inspection to maintain security, accessibility and integrity of databases of archived documents, and make regular backups, periodic backups and redundant backups.
3. Governing bodies of databases of archived documents, units managing, maintaining data and operating digitally archived document management systems and relevant authorities and organizations shall be responsible for maintaining links between databases of archived documents and addresses of locations where original documents are archived in order to enable authorities and organizations to access all original documents archived.
4. Governing bodies of databases of archived documents shall register and update databases under their management to the database of archived documents of the Fonds of the State and send reports to the Ministry of Home Affairs before December 15, every year.
Chapter III
ARCHIVES OF PHYSICAL DOCUMENTS AND OTHER DOCUMENTS
Article 8. General requirements to be met by archives of physical documents and other documents
1. Archives of physical documents and other documents shall ensure safety and integrity of archived documents, facilitate use and upholding of the value of archived documents and make sure that documents are preserved for a long term in accordance with Article 4 of the Law on Archives.
2. Archives shall be located where it is convenient for transport and protected from fire, explosion and pollution hazards.
3. Archives shall be designed in a reasonable, continuous and convenient manner to follow document-archiving procedures and safely protect and preserve types of archived documents in accordance with regulations of laws on construction, fire safety and management of natural disasters.
4. Measures shall be in place to protect and ensure safety of archives 24/7.
5. An archive includes preservation area, public area, administrative area and other areas.
Article 9. Scale of physical document archives
1. Scale of a physical document archive is determined on the basis of the number of archived documents to be preserved and includes 4 levels:
a) Level 1: under 3.000 shelf-meters
b) Level 2: from 3.000 shelf-meters to under 6.000 shelf-meters.
c) Level 3: from 6.000 shelf-meters to under 10.000 shelf-meters.
d) Level 4: 10.000 shelf-meters and above.
2. Shelf-meter shall be determined according to:
a) Number of documents that are being actually preserved.
b) Number of documents that are being actually preserved by document-submitting authorities/organizations/individuals and due for submission.
c) Number of documents expected to be produced by document-submitting authorities/organizations/individuals and collected in accordance with clause 3 Article 17 of the Law on Archives.
d) Number of privately archived documents expected to be collected or donated, given, or deposited by organizations and individuals.
Article 10. Requirements to be met by preservation area of the document archive
1. A preservation area of a document archive shall be situated independently from other areas and away from roads, have a separate entrance and exit, and be appropriate to each type of document.
2. The preservation area shall meet the following requirements:
a) The minimum floor area of the area where the archived physical documents are preserved shall be 20% of total square meters of the archived physical documents to be preserved.
b) The minimum floor area of the area where the archived documents on other information carriers are preserved shall be equal to the area reserved for preservation equipment and preservation work.
c) The preservation area floor shall be able to bear the weight of the archived documents and containers thereof while being resilient against earthquakes and other natural disasters.
d) Walls, roofs, doors, windows and stairs in the preservation area shall meet conditions for assurance of safety of the archived documents and containers thereof.
3. Equipment for maintenance of temperature and humidity shall be installed and appropriate to each type of documents preserved according to recommendations given by manufacturers of information carriers and recording media.
4. Other equipment for protection and preservation of documents includes
a) Security monitoring and fire prevention and fighting systems; alarm devices; anti-intrusion devices; fire alarm devices, automatic fire fighting systems.
b) Air conditioning system and thermometers; dehumidifier system and hygrometers; ventilation system suitable for each type of archived documents.
c) Shelves, boxes and other equipment appropriate to each type of archived documents.
Article 11. Other areas of the document archive
1. The document archiving area shall be situated near the preservation area to facilitate operations and include a receipt room, sterilization room, deacidification room, document-processing room, room where documents whose archiving period has elapsed are archived, document restoration room, database establishment and digitization room, and other rooms according to the actual demands.
2. The technical equipment installation area shall be situated with an area sufficient to install a cooling system; equipment used to monitor, supervise and control protection and handling in case of fire or explosion and other necessary equipment to ensure safety during the operation of the archive.
3. Administrative and public areas shall be situated in a manner that is appropriate to scale of the archive and meets the actual demand of each authority/organization.
a) Regarding the level-1 or level-2 archive of physical documents, a common area for both administration and public services may be situated according to the actual demand of each authority/organization.
b) Regarding the level-3 or level-4 archive of physical documents, the administrative area and the public area shall be situated separately.
Article 12. Requirements for electricity, water supply and drainage and fire prevention and fighting systems
1. Lighting systems inside and outside archives of physical documents and other documents shall be installed separately; measures shall be in place to cut electricity supply for the entire archive and each area of the archive. Electricity lines shall be installed in the archive according to electrical safety standards.
2. Water supply and drainage systems shall be installed separately; water pipes shall be tight and leak-proof, and must not pass through the preservation area; water supply equipment shall not be installed in the upper floor of the preservation area.
3. Fire prevention and fighting
a) With regard to archives of physical documents and other documents, there must be design solutions appropriate to functions and characteristics of such archives and meeting requirements in accordance with regulations of the law on fire and rescue.
b) The firefighting system shall be used in a manner that is appropriate to physical properties of each type of documents archived and preserved in accordance with regulations of law.
Chapter IV
DIGITAL ARCHIVES
Section 1. REQUIREMENTS TO BE MET BY, SCALE AND TECHNICAL INFRASTRUCTURE OF DIGITAL ARCHIVES
Article 13. Requirements to be met by digital archives
1. Ensure that digitally archived documents of authorities and organizations are managed and archived according to regulations of laws on archives, electronic transactions, information technology, cyberinformation security, telecommunications and other relevant laws.
2. Be appropriate to the national EA framework for digital transformation.
3. Control delegation of power to each unit/individual over access to the digital archive.
4. Make sure that the digital archive is appropriate for the formats and sizes of digitally archived documents and the database of archived documents of each authority, organization, industry, field, local area, and the country.
5. Ensure that designs in technology infrastructure, containers and transmission systems meet requirements for increase in the number of digitally archived documents, databases of archived documents, and visits over time.
6. Ensure the authenticity, integrity, reliability, security and usability of dossiers, documents and data during the archiving period.
a) The authenticity of an archived document is determined by the accuracy of information contained in the document, supported by the time of production of such document, the author, times and locations of the events described in the document and confirmed by the document-managing authority/organization.
b) The integrity of the digitally archived document is determined by ensuring that its contents are not changed or lost throughout the archiving period beginning from the time on which the document is completely produced and updated to the digitally archived document management system until it is used.
c) The integrity of the digitally archived dossier is determined by ensuring that the content and order of the document/data included in the dossier are not changed throughout the archiving period beginning from the time on which the dossier is completed and updated to the digitally archived document management system until it is used.
d) The reliability of the digitally archived document is determined by the identification of its author and place where it is archived, and the process of maintenance of the integrity of the document.
7. Archive documents, data and dossiers within the archiving period.
8. Meet international and national standards of management of digitally archived documents and data.
9. Satisfy requirements for information safety:
a) Component systems of the digital archive shall comply with regulations of the law on assurance about information system security by each level.
b) Component systems of the digital archive shall be connected and integrated synchronously to maintain full functions which support management of administrative services, backups and information safety.
c) Measures shall be in place to protect and ensure physical safety of the digital archive 24/7.
Article 14. Scale of digital archives
1. Digital archives are classified into 4 levels according to their sizes, software systems, equipment installation infrastructure and IT infrastructure.
2. Level-1 digital archive
a) Its size is approximately less than 18 Terabyte.
b) The software system is used to process archiving works and internal information on each authority/organization.
c) Equipment installation infrastructure and IT infrastructure meet requirements for the Tier 1 DC according to regulations.
3. Level-2 digital archive
a) Its size ranges from 18 Terabyte to less than 30 Terabyte.
b) The software system is used to process archiving works and internal and external information, and partially serves online public services.
c) Equipment installation infrastructure and IT infrastructure meet requirements for the Tier 2 DC according to regulations.
4. Level-3 digital archive
a) Its size ranges from 30 Terabyte to less than 60 Terabyte.
b) The software system is established in the form of a shared platform and used to process and analyze big data of each specific field or area; and fully serves online public services.
c) Equipment installation infrastructure and IT infrastructure meet requirements for the Tier 3 DC, there are server rooms for independent DC & DR and IT infrastructures for DC, DR and RR according to regulations.
5. Level-4 digital archive
a) Its size is 60 Terabyte and more.
b) The software system is established in the form of a shared platform and used to process and analyze national big data; provides the consolidated information; and fully serves online public services.
c) Equipment installation infrastructure and IT infrastructure meet requirements for the Tier 4 DC; there are independent digital archive buildings; and DC, DR and RR according to regulations.
Article 15. Technical infrastructure of digital archives
1. Equipment installation infrastructure
a) A house/station where the digital archive is situated shall be built according to design standards applied to data centers; be accessible and has at least one backup entrance; comply with regulations on management of natural disasters and maintenance of security, safety and confidentiality of digitally archived documents and their databases.
b) Electricity shall be continuously supplied to DC –DR 24/7 and a backup electricity system shall be established.
c) Dedicated and separate conduits are required to provide telecommunications services for DC –DR; cables in the building shall be carried within technical shafts before being connected to equipment rooms.
2. IT infrastructure
a) It shall be conformable to regulations on operation of data centers in accordance with the law on telecommunications.
b) It shall meet regulations in Articles 19, 20 and 21 of this Decree.
c) Its backup operating system shall operate continuously 24/7 and ensure the integrity of digitally archived documents.
3. Construction design
a) A digital archive includes an area where DC, DR and RR are situated; an operational processing area; and a document value upholding and access area.
b) Cooling devices, generators and fuel tanks shall be installed and placed outside DC, DR and RR rooms and safely protected.
4. DC of the digital archive
a) IT equipment: servers, workstations; uninterruptible power supply; containers, backup and connection devices; devices used to assist in archiving digitally archived documents and administrating the archive; platform systems, management and operation software; information and network security systems.
b) Network systems: wide area network, local area network and transmission lines.
c) Digitally archived document management system.
5. DR of the digital archive
a) Have IT equipment: servers, workstations; uninterruptible power supply; containers, backup and connection devices; network system; information and network security systems.
b) Have a network system that connects DC and DR.
c) Allow the establishment of a mechanism for data replication, management and execution of DC-DR communication sessions, and schedule automatic data replication and system recovery after a disaster.
d) Be separate from DC.
dd) Make technical connection to synchronize data with DC.
e) Have appropriate technology and enough storage capacity to back up the entire operating system and data from DC.
g) Establish connection with DC and replace DC in case of failure.
h) Back up all documents and data from DC.
i) Protect the safety and integrity of documents and data backed up from DC in a stable and long-term state and continuously receive and archive backup copies.
k) Back up different operating systems.
l) Use backup data and documents.
m) Prevent loss of data and damage to systems in case of failure.
n) Give warning and prevent counterfeit copies.
6. RR of the digital archive
a) Have IT equipment: servers, workstations; uninterruptible power supply; containers and backup devices; information security system.
b) Have a software system which allows the establishment of a mechanism for data backup as requested, management of information on the relationship between data at RR and data at DC, automatic replication and system recovery.
c) Be independent from operation systems at DC –Dr; not connected to Internet.
d) Have appropriate technology and enough storage capacity to back up digitally archived documents and their data to be backed up at DC.
dd) Protect the safety and integrity of documents and data backed up from DC in a stable and long-term state.
e) Expand systems' capacity for archiving documents over the time.
g) Prevent loss of data and damage to systems in case of failure.
h) Allow backup of different operating systems.
Section 2. DIGITALLY ARCHIVED DOCUMENT MANAGEMENT SYSTEM OF DIGITAL ARCHIVE
Article 16. Requirements to be met by digitally archived document management system
The digitally archived document management system shall meet all regulations in Article 13 and Article 14 of this Decree and the following requirements
1. Follow all professional and technical procedures for managing documents and dossiers digitally archived; master data of such documents and dossiers and the database of archived documents; uphold the value of documents digitally archived.
2. Ensure cyberinformation security and safety, cybersecurity in a manner that is appropriate for the scale of the digital archive and consistent with regulations of other relevant laws
3. Systematize documents and dossiers; list visits to documents, dossiers and systems.
4. Allow access to and use of and grant rights to use dossiers and documents and data anytime and anywhere through various platforms.
5. Ensure the authenticity, reliability, integrity and usability of dossiers and documents digitally archived; master data of such dossiers and documents and the database of archived documents.
6. Allow digital signing and inspect digital signatures and authentication of digital signatures according to regulations.
7. Have solutions or integrate with solutions to authentication and long-term preservation of documents digitally archived.
8. Have full functions which assist in archiving digitally archived documents and managing the database of archived documents in accordance with this Decree and in conformity with professional and actual operations of each authority/organization.
Article 17. Functions of collection and submission of dossiers and documents digitally archived
The digitally archived document management system shall have full functions of collection and submission of dossiers and documents digitally archived. To be specific:
1. Collect digitally archived dossiers and documents according to regulations on standards applied to packets of digitally archived dossiers and documents submitted to archiving units.
2. Check the adequacy, authenticity, integrity and consistency of dossiers and documents digitally archived and submitted to the system.
3. Send and receive messages and packets by standardized methods and procedures.
4. Inspect the security and authenticity of packets upon collection/submission.
5. Maintain security during transmission.
6. Convert the collected digital documents into compatible formats according to regulations.
7. Automatically update the status of dossiers and documents due for submission
8. Reject dossier and document packets that do not meet standards.
9. Package dossiers and documents to be submitted and submit them to historical document-archiving units.
Article 18. Functions of classification, determination of value and preservation of digitally archived documents
1. The digitally archived document management system shall have full functions of classification of documents digitally archived. To be specific:
a) Classify digitally archived dossiers and documents according to classification plans.
b) Determine and classify dossiers and documents on the basis of frequency of use.
c) Provide capacity for managing master data of dossiers, documents, set of documents, fonds, set of fonds and archives.
d) Identify, determine and assign identification numbers to dossiers, documents, set of documents, fonds, set of fonds, archives and data in the digital archive.
dd) Allow movement of dossiers and documents among lists during classification.
2. The digitally archived document management system shall have full functions of determination of value and preservation of documents digitally archived. To be specific:
a) Determine and re-determine the period of archiving dossiers and documents in the digital archive.
b) Assess durability of files on the basis of durability of containers.
c) Assess durability of containers that are being used in the digital archive on the basis of total uptime.
d) Move data among equipment in the digital archive in a manner which ensures that the data integrity is not infringed.
dd) Maintain the authenticity of digitally archived documents and digital data during the period over which they are archived at the digital archive.
e) Maintain the integrity of digitally archived documents, digital dossiers and data during the period over which they are archived at the digital archive.
g) Maintain the ability to access, view, read, download, and print digitally archived documents and digital data within the archiving period.
h) Automatically recognize and notify dossiers and documents that are due for collection/submission or whose archiving period has elapsed.
i) Re-assess dossiers and documents whose archiving period has elapsed.
k) Give assistance in carrying out orders to disable, edit, delete, and update data and documents during the preservation.
Article 19. Functions of use and upholding of value of digitally archived documents
1. The digitally archived document management system shall have full functions of use of dossiers and documents digitally archived. To be specific:
a) Manage rights to access and use dossiers, documents and data.
b) Search for information on the archived documents by keywords in information fields which describe dossiers and documents; in contents of documents, data or search for documents on the basis of keyword semantics.
c) Identify and differentiate various readers (domestic, foreign, internal or external readers).
d) Identify and classify the needs of readers combined with frequency of use of dossiers, documents and data required to be used.
dd) Allow users and readers to extract search results as requested and in a specified format.
e) Devolve and delegate power over management of security for each dossier/document/data.
g) Respond to requests for use of digitally archived documents 24/7.
h) Notify readers of status of response to requests for use of documents.
i) Provide information on authentication of digitally archived documents; information extracted from digitally archived documents; information collected from digitally archived documents and databases of archived documents.
2. The digitally archived document management system shall have full functions of upholding of the document value. To be specific:
a) Give assistance in publishing digitally archived documents.
b) Give assistance in displaying digitally archived documents.
c) Connect display of documents archived on the system with uses of documents digitally archived.
d) Grant limited access to documents published and displayed on the system.
dd) Give assistance in providing multilingual information (if any).
Article 20. Functions of destruction of digitally archived documents whose archiving period has elapsed
The digitally archived document management system shall have full functions of destruction of digitally archived documents whose archiving period has elapsed. To be specific:
1. Automatically notify and consolidate dossiers and documents whose archiving period has elapsed until confirmed by a competent person.
2. Assess and re-determine the period of archiving dossiers and documents whose archiving period has elapsed as notified; retain documents permanently archived; continue to archive documents within the new period; destroy digitally archived documents whose archiving period has elapsed when the competent authority’s decision is issued.
3. Notify documents that are expected to be destroyed and are being attached to other dossiers, and whose archiving period has not yet elapsed (if any) and allow them to be retained or added to relevant dossiers; enter reasons for destruction of documents; reconfirm destruction orders; destroy documents after confirmation.
4. Extract List of dossiers and documents expected to be destroyed; List of destroyed dossiers and documents.
5. Save the history of destruction of documents and data on destruction.
6. Ensure consistent and synchronous destruction of documents whose archiving period has elapsed between the digital archive and other systems.
Article 21. Functions of administration of database and backup and recovery of data
1. The digitally archived document management system shall have full functions of administration of database of archived documents. To be specific:
a) Connect with other information systems to integrate, share and synchronize data on archived documents according to regulations.
b) Continuously connect dossiers and documents with their master data.
c) Identify original and relevant dossiers in case a document file is part of multiple dossiers.
d) Manage the database of documents independently archived.
dd) Update databases of archived documents of authorities, organizations, ministries, central and local authorities and the country within their jurisdiction and responsibilities.
e) Connect and share the database of archived documents with other systems inside and outside the digital archive.
g) Extract periodic or ad hoc statistical reports as requested by users.
h) Log all information about history of exchange, preservation, access, use, protection, conversion, transmission and receipt, and authentication of digital data, dossiers and documents on the digitally archived document management system.
i) Extract the information specified in point h of this clause in the form of text.
2. The digitally archived document management system shall have full functions of backup and recovery of data. To be specific:
a) Initiate procedures for backing up and recovering data.
b) Control rights of administrators in charge of backup and recovery of data.
c) Maintain the integrity of original data and documents and those backed up during the backup process.
d) Do not allow disabling, edit or deletion of data during backup.
dd) Give assistance in carrying out orders to disable, edit or delete data on the system.
e) Automatically and periodically report the backup.
g) Automatically and periodically report inspection of the integrity of documents.
h) Save history of backup and recovery of data.
Article 22. Functions of assistance in operating the digital archive
The digitally archived document management system shall have full groups of functions to operate the digital archive. To be specific:
1. General administration for the operation of the digital archive
a) Notify the administration department in case of failure.
b) Save notification of failure and history of troubleshooting.
c) Save reasons for failure.
d) Keep the troubleshooting in records.
dd) Give assistance in transferring dossiers, documents and database of archived documents to other archives.
e) Save history of the transfer of dossiers, documents and database of archived documents to other archives.
g) If the transfer is failed, save reasons for failure.
h) Recover dossiers, documents and databases of archived documents that have been transferred to another archive within at least 03 months.
i) Keep dossiers on history of retrieval of dossiers, documents and database of archived documents.
k) Arrange dossiers, documents and data as requested.
2. Administration for users
a) Identify and authenticate users when they register and log in the system (internal/external users, units collecting/submitting/integrating documents, service customers, readers, etc.).
b) Save user dossiers (name, date of registration, personal information serving authentication, history of access and use, etc.)
c) Delegate powers and grant rights to users according to user management rules of the digital archive.
d) Control users’ rights.
dd) Determine type of documents, uses and services provided for each user.
3. Control of roles and rights of administrators
a) Clearly determine roles and jurisdiction of administrators.
b) Clearly determine rights to access dossiers and documents included in the list of documents with conditional access or the list of confidential documents.
c) Give OS-level warning and prevent illegal access or access beyond administrators’ jurisdiction.
d) Record the entire history of operations conducted by each administrator in the system, including access which is warned and prevented.
4. Security system and network device management
a) Establish a system capable of detecting and preventing intrusion.
b) Connect with other identification systems.
c) Identify and authenticate assessors to the security system by passwords, authentication codes, biometrics or login via ID accounts or electronic authentication.
d) Be capable of controlling access to the security/operation/intrusion identification/supervision system.
dd) Record the entire history of access to the security system.
5. Management of transfer and receipt of digitally archived documents
a) Verify basic elements of a packet, including packaging, requests for encryption, certification, digital signature, origin (original copy, copy, version), confidentiality and uniqueness.
b) Determine transfer/receipt units and accounts, including jurisdiction of each account holder when they access the packet and jurisdiction to use information on the packet.
c) Determine the security of packets throughout transfer, receipt and archiving of such packets at the digital archive.
d) Determine the integrity of the packet during transfer and receipt.
dd) Adopt solutions to maintain the integrity of the packet during the period over which it is archived at the digital archive.
e) Determine the agreement between the transferor and the recipient.
g) Save the history of transfer/receipt.
6. Management of transfer and receipt of information
a) Establish procedures for transferring and receiving digitally archived documents.
b) Be capable of providing certificates of transfer/receipt of digitally archived documents (document receipt/transfer records).
c) Be capable of securing transfer and receipt of documents or data containing state secrets and if requested.
d) Have a non-repudiation mechanism for documents.
7. Management of movement and receipt of documents
a) Establish procedures for managing and controlling online or offline movement and receipt of documents.
b) Log all information on and have a non-repudiation mechanism for history of movement and receipt of documents.
c) Keep information and data confidential during movement and receipt of documents.
d) Keep information on movement and receipt of documents confidential.
dd) Take measures to secure offline messages of movement and receipt of documents.
Section 3. DATA OF DIGITAL ARCHIVE AND ADMINISTRATION OF OPERATION OF DIGITAL ARCHIVE
Article 23. Data of digital archive
1. Data consists of
a) Data in the digital archive, including digitally archived documents and database of archived documents.
b) Digitally archived documents, including digital documents archived and digitized versions of physically archived documents, documents on other information carriers, and other electronically archived documents.
c) Database of archived documents, including master data of digitally archived documents; master data of electronically archived documents that are not digital documents; master data of physically archived documents; master data of documents on other information carriers.
2. Data shall be managed as follows
a) Ensure that the database is managed in a focused manner; basic information on dossiers, documents and their master data, participants in the system is fully provided; and data is managed in a manner that is appropriate for management requirements of each authority/organization/field/sector.
b) Ensure connection and exchange of information between the data in the digital archive and the data of relevant systems.
c) Ensure the integrity of data and avoid data redundancy; specifically and clearly classify data; have a data safety and security mechanism and a database administration system
d) Establish a mechanism to back up data automatically at regular intervals or on-demand; be capable of recovering the archived documents and the database of archived documents from the backup system.
dd) Data on dossiers and documents in the digital archive shall comply with regulations of the law on archives and specialized laws on formats, display techniques and data structure.
Article 24. Digital archive maintenance
1. Units managing digital archives shall be responsible for developing annual plans to maintain server rooms; directly maintaining or hiring maintenance service providers to maintain systems.
2. Authorities and units installing equipment and information systems in server rooms shall be responsible for cooperating with digital archive-managing units to develop annual plans for maintenance of their equipment and information systems.
3. Units maintaining digital archives shall be assessed by competent authorities in charge of information security and safety or protection of state secrets before they maintain digital archives.
4. Maintenance requirements
a) The maintenance must not interrupt or affect server rooms’ provision of services.
b) During maintenance, if any problem is detected or arises, it shall be reported to a competent authority for resolution according to regulations.
Article 25. Periodic inspection and report
1. Digital archive-managing units shall conduct inspections every 6 months of compliance with regulations on management and use of server rooms, consolidate reports and include them in management dossiers.
2. The following contents shall be inspected and reported
a) Server rooms’ fulfillment of environment conditions.
b) Use of equipment and applications of systems.
c) Server systems, workstations, services (updating of patches, bug fixes, disk capacity, efficiency in use).
d) System security and assessment of efficiency in and capacity for detection and prevention of system insecurity risks.
dd) Data backup, archive and recovery.
e) Inspection logbook.
g) Inspection report.
Chapter V
BACKUP
Article 26. Backup rules
1. Documents shall be backed up and preserved by the special methods and according to specific standards in order to maintain the integrity, reliability and accuracy of information included in backup documents in comparison with their original documents through authentication factors and document preservation history during the document archiving process.
2. Backup documents are usable in case original documents are lost or unusable.
3. Risks of lost of information in original documents due to natural disasters or catastrophes and technological dependence during creation, preservation and use are minimized.
4. It is capable of updating technologies advanced, modern and appropriate to the world trends.
5. Privately archived documents having special value shall be backed up by the State in order to prevent risks to original documents and serve national and ethnic interests. Organizations, individuals, families and clans are encouraged to back up documents.
6. Competent authorities managing archived documents shall be responsible for backing up and managing backup documents in accordance with regulations of law on archives.
Article 27. Backup documents
1. Archived documents shall be backed up by the technical and technological methods that are special, advanced and appropriate to the characteristics of each type of original documents and the science and technology development at the time of backup.
2. A backup document shall have the same legal value as its original document when certified by a backup document-managing authority. At least information, including original document code; backup document-managing authority; backup time; backup technology shall be authenticated.
3. A backup document information carrier shall fulfill requirements for use and meet one of the following conditions:
a) Have properties different from those of the original document information carrier or use more advanced and modern technology and equipment.
b) Have high physical durability, which enables it to withstand the environment in which it is archived.
Article 28. Selection of archived documents for backup
1. Archived documents have been recognized as archived documents having special value.
2. Permanently archived documents are at risk of being damaged
a) Physically archived documents and documents on other information carriers are faded, discolored, torn, punctured, crumbly, brittle, or have their texts blurred but are still readable.
b) Electronically archived documents are produced by outdated or replaceable technologies; documents are at risk of being unusable or unauthenticated.
Article 29. Backup technology
1. Backup document-managing authorities shall decide technology and equipment to back up archived documents in conformity with each type of original documents and specific stage.
2. Various technologies shall be used to back up different documents archived, thereby minimizing technology risks.
3. Backup document-managing authorities shall proactively conduct study and update backup technologies appropriate to the world trends.
Article 30. Backing up documents
1. Regarding archived documents having special value
a) Archived documents having special value managed by state authorities are backed up at the time on which they are recognized by competent authorities as archived documents having special value.
b) Owners of privately archived documents shall decide to back up private archives having special value.
c) Backup document-managing authorities shall back up documents by way of using the selected technologies and equipment.
2. Regarding permanently archived documents
a) Every year, archived document-managing authorities shall make lists of the archived documents to be backed up according to regulations and send them to backup document-managing authorities.
b) Backup document-managing authorities shall make and submit annual plans to maintain resources for long-term backup documents to competent authorities on the basis of the actual status of documents to be backed up and as requested by original document-managing authorities for backup documents.
c) Backup document-managing authorities shall back up documents by way of using the selected technologies and equipment.
3. The database of backup documents shall be synchronized with the database of original documents.
Article 31. Backup document preservation
1. Backup documents shall be preserved separately at locations different and far from those where original documents are preserved in order to avoid risks in case of natural disasters and catastrophes, and to minimize risks of loss and damage.
2. Backup documents shall be preserved in dedicated archives that are equipped with appropriate equipment and devices and meet backup rules.
3. Backup documents shall be preserved by equipment and devices suitable to characteristics of information carriers and information on each type of backup documents.
4. Backup documents shall be periodically inspected, converted or re-created to meet requirements for long-term archiving of documents and technological changes. Backup document databases shall be inspected and backed up according to regulations.
Article 32. Backup document use
1. Backup documents will be used if original documents are lost or damaged to the extent of being unusable.
2. Original document-managing authorities and organizations shall send applications for use of backup documents to backup document-managing authorities according to Form No. 01 in the Appendix enclosed with this Decree.
Individual owning original documents shall send applications for use of backup documents to backup document-managing authorities according to Form No. 02 in the Appendix enclosed with this Decree.
3. Authorities, organizations and individuals shall send applications for use of backup documents to backup document-managing authorities in person at one-stop shops or by post or through online public service systems.
4. Authorities, organizations and individuals specified in clause 3 of this Article may receive copies of backup documents online or on paper. If they apply for receipt by post, they shall follow guidelines issued by postal authorities.
5. Within 05 working days from the date of receipt of the applications for use of backup documents from authorities, organizations and individuals, backup document-managing authorities shall provide copies of backup documents according to their professional procedures.
In case of refusal, within 05 working days from the date of receipt of the applications, backup document-managing authorities shall clearly provide reasons in writing for authorities, organizations and individuals
Chapter VI
DOCUMENTS WITH CONDITIONAL ACCESS ARCHIVED AT HISTORICAL DOCUMENT-ARCHIVING UNITS
Article 33. Archived documents with conditional access related to national defense and security, national and ethnic interests, and international relations
1. Archival documents containing information on territorial sovereignty, borders, administrative divisions having national borders, negotiation, establishment and enforcement of national territorial sovereignty.
2. Archived documents containing information on security or national defense strategies, defense or defense mobilization plans; documents on combat readiness, and military training.
3. Archived documents containing information on research, manufacture, improvement, production, export, import of weapons, military equipment, means, equipment, and techniques serving security and national defense.
4. Archived documents containing information on counter-revolutionary, anti-Communist Party, anti-State cases and lawsuits.
5. Archived documents containing information on organization and operation of intelligence and counterintelligence authorities.
6. Archived documents containing information on political security in national border areas.
7. Archived documents containing information on Vietnam's foreign affairs and strategic relations with other countries.
8. Archived documents containing information on high-level foreign affairs, working, negotiation and correspondence of the Communist Party and the State with high-level commissions of foreign countries, political parties, and international organizations.
9. Archived documents containing information on migration, immigration, consular works, and citizen protection.
10. Archived documents on agreements and treaties between Vietnam and other countries and international organizations. They may affect the rights and interests of the parties if published.
11. Archived documents containing information on national resources, geology, minerals, environment and energy.
12. Documents on design and construction of key national economy, security, defense, socio-culture and state authorities’ headquarters projects.
13. Documents related to trade secrets of enterprises.
14. Documents on Vietnam's loans and aid granted to foreign countries and foreign loans and aid granted to Vietnam.
15. Documents related to national reserves, including foreign currency, gold, silver, precious stone, rare metal and food reserves
Article 34. Archived documents with conditional access related to social order and safety
1. Archived documents containing information on resolution of complex security and order incidents and hotspots.
2. Archived documents containing information on resolution of national unity division and incitement cases.
3. Archived documents containing information on internal political security and political history of individuals.
Article 35. Archived documents with conditional access related to social ethics and community health
1. Archived documents containing information on dangerous crimes and inappropriate lifestyles.
2. Archived documents containing information on health and epidemics. Such information may affect community health if published.
Chapter VII
PROVISION OF ARCHIVING SERVICES
Article 36. Conditions for leasing technical infrastructure for preservation of physically archived documents and archived documents on other information carriers
1. Fully meet the requirements specified in clause 3 Article 53 of the Law on Archives and clauses 2 and 3 of this Article.
2. Have technical infrastructure meeting the requirements specified in Articles 8 and 10 of this Decree and located in Vietnam to serve inspection, storage and provision of information when requested by competent authorities and resolution of complaints from organizations and individuals about preservation of physically archived documents and archived documents on other information carriers as per law.
3. Employ at least 01 personnel in charge of archiving techniques and works and obtaining an archiving practice certificate to work for a location where technical infrastructure of the digital archived is installed.
Article 37. Conditions for leasing technical infrastructure for archiving digitally archived dossiers and documents and database of archived documents
1. Fully meet the requirements specified in clause 3 Article 53 of the Law on Archives and clauses 2, 3 and 4 of this Article.
2. Have technical infrastructure meeting requirements for provision of data center services according to regulations of the law on telecommunications and located in Vietnam to serve inspection, storage and provision of information when requested by competent authorities and resolution of complaints from organizations and individuals about archiving physically archived documents and database of archived documents as per law.
3. Employ at least 01 personnel in charge of archiving techniques and works and obtaining an archiving practice certificate to work for a location where technical infrastructure of the digital archived is installed.
4. Take measures for protection and assurance of physical safety 24/7 for the area where technical infrastructure is installed.
Article 38. Procedures for issuing certificates of eligibility for provision of archiving services
1. A certificate of eligibility for provision of archiving services (hereinafter referred to as “certificate”) is issued by the Department of Home Affairs of province or central- affiliated city (hereinafter referred to as “provincial Department of Home Affairs) as requested by an archiving service provider specified in point a, point b clause 1 Article 53 of the Law on Archives.
2. The archiving service provider shall send an application for issuance of the certificate to the Department of Home Affairs of province where it is headquartered and take responsibility for the accuracy and honesty of the application.
3. The application for issuance of the certificate according to Article 36 of this Decree includes:
a) An application form, using Form No. 03 in the Appendix enclosed with this Decree.
b) A valid copy derived from its original register or certified copy or certified electronic copy or copy enclosed with its original copy for verification of the certificate or another valid license equivalent to the business registration certificate in accordance with regulations of the law in investment and the law on enterprises (if any).
c) A written explanation about fulfillment of technical infrastructure requirements, using Form No. 05 in the Appendix enclosed with this Decree.
d) Decision to approve project on investment in construction of works according to regulations of the law on construction.
dd) As-built drawings for construction items of the document preservation area of the archive, and relevant electricity and water systems.
e) A written acceptance of quality of fire safety, issued by a fire safety authority.
g) List of protection and preservation equipment and devices in accordance with clause 4 Article 10 of this Decree.
h) List of personnel obtaining archiving practice certificates according to Form No. 07 in the Appendix enclosed with this Decree.
4. The application for issuance of the certificate according to Article 37 of this Decree includes:
a) An application form, using Form No. 03 in the Appendix enclosed with this Decree.
b) A valid copy derived from its original register or certified copy or certified electronic copy or copy enclosed with its original copy for verification of the certificate or another valid license equivalent to the business registration certificate in accordance with regulations of the law in investment and the law on enterprises (if any).
c) A written explanation about fulfillment of technical infrastructure requirements, using Form No. 06 in the Appendix enclosed with this Decree.
d) A certificate of registration of provision of telecommunications services, meeting requirements for provision of data center services issued by a competent authority in accordance with regulations of the law on telecommunications.
dd) List of IT equipment and devices.
e) List of personnel obtaining archiving practice certificates according to Form No. 07 in the Appendix enclosed with this Decree.
5. Certificate receipt and application submission forms are regulated as follows:
a) Application submission forms
In person at the provincial Department of Home Affairs (via one-stop shop) or by post or via online public service system.
If the application is submitted in person, the application receipt date is the date on which the application receipt division directly receives the application from the applicant.
If the application is submitted by post, the application receipt date is the date on which the application receipt division receives the application from the postal authority.
If the application is submitted via online public service system, the application receipt date is the date on which the online public service system sends a notification of the application to the provincial Department of Home Affairs.
b) Certificate receipt forms
The archiving service provider may receive the certificate online via the online public service system when submitting the application or on paper according to Form No.03 in the Appendix enclosed with this Decree.
If the archiving service provider wishes to receive the certificate by post, guidelines issued by the postal authority shall be followed.
6. Time limit and procedures for processing the application
a) If the application is not adequate or valid, within 03 working days from the date of receipt of the application, the provincial Department of Home Affairs shall notify in writing and request the applicant to revise and complete the application.
Within 05 working days from the receipt of the notification from the provincial Department of Home Affairs, the applicant shall revise and complete the application and send it to the provincial Department of Home Affairs for consideration and decision.
b) If the application is valid and its documents are satisfactory, within 10 days from the date of receipt of the application, the provincial Department of Home Affairs shall issue the certificate to the applicant according to Form No. 08 in the Appendix enclosed with this Decree and send information to the Ministry of Home Affairs (Bureau of State Records Management and Archives)
c) If the application is valid but its documents are not satisfactory, within 10 days from the date of receipt of the application, the provincial Department of Home Affairs shall send a written notification, clearly stating reasons for refusal to issue the certificate to the applicant.
7. The certificate is no longer valid in the following cases:
a) The archiving service provider goes bankrupt or is dissolved.
b) The archiving service provider has its certificate revoked according to regulations in clause 3 Article 40 of this Decree.
Article 39. Procedures for re-issuing certificates of eligibility for provision of archiving services
1. The certificate is re-issued in the following cases:
a) Changing name of the licensed enterprise according to the law on enterprises.
b) Changing personnel responsible to the law.
c) Changing archiving service provision sectors.
d) Information written in the certificate is not correct, or the certificate is damaged to the extent that it is unusable or unauthenticated.
dd) The certificate is lost.
2. The application for re-issuance of the certificate according to clause 1 of this Article includes:
a) An application form, using Form No. 04 in the Appendix enclosed with this Decree.
b) A valid copy derived from its original register or certified copy or certified electronic copy or copy enclosed with its original copy for verification of the certificate or another valid license equivalent to the business registration certificate in accordance with regulations of the law in investment and the law on enterprises (if any) in the case specified in point a, point b clause 1 of this Article.
c) In the case specified in point c clause 1 of this Article:
Regarding leasing of technical infrastructure for preservation of physically archived documents and archived documents on other information carriers, corresponding dossiers and documents specified in clause 3 (except for those specified in points a and b) Article 38 of this Decree.
Regarding leasing of technical infrastructure for archiving digitally archived dossiers and documents and database of archived documents, corresponding dossiers and documents specified in clause 4 (except for those specified in points a and b) Article 38 of this Decree.
d) The issued certificate of eligibility for provision of archiving services in the case specified in point d clause 1 of this Article.
3. Certificate receipt and application submission forms are regulated as follows:
a) Application submission forms
In person at the provincial Department of Home Affairs (via one-stop shop) or by post or via online public service system.
If the application is submitted in person, the application receipt date is the date on which the application receipt division directly receives the application from the applicant.
If the application is submitted by post, the application receipt date is the date on which the application receipt division receives the application from the postal authority.
If the application is submitted via online public service system, the application receipt date is the date on which the online public service system sends a notification of the application to the provincial Department of Home Affairs.
b) Certificate receipt forms
The archiving service provider may receive the certificate online via the online public service system when submitting the application or on paper according to Form No. 04 in the Appendix enclosed with this Decree.
If the archiving service provider wishes to receive the certificate by post, guidelines issued by the postal authority shall be followed.
4. Time limit and procedures for processing the application
a) If the application is not adequate or valid, within 03 working days from the date of receipt of the application, the provincial Department of Home Affairs shall notify in writing and request the applicant to revise and complete the application.
Within 05 working days from the receipt of the notification from the provincial Department of Home Affairs, the applicant shall revise and complete the application and send it to the provincial Department of Home Affairs for consideration and decision.
b) If the application is valid and its documents are satisfactory, within 03 working days from the date of receipt of the application, the provincial Department of Home Affairs shall consider reissuing the certificate to the applicant according to Form No. 09 in the Appendix enclosed with this Decree and send information to the Ministry of Home Affairs (Bureau of State Records Management and Archives).
c) If the application is valid but its documents are not satisfactory, within 03 working days from the date of receipt of the application, the provincial Department of Home Affairs shall send a written notification, clearly stating reasons for refusal to reissue the certificate to the applicant.
Article 40. Revocation of certificates of eligibility for provision of archiving services
1. Provincial Departments of Home Affairs have power to revoke certificates of eligibility for provision of archiving services
2. A decision to revoke a certificate is made according to Form No. 10 in the Appendix enclosed with this Decree.
3. The certificate is revoked in the following cases:
a) Taking prohibited acts specified in Article 8 of the Law on Archives.
b) No longer meeting the conditions specified in Articles 36 and 37 of this Decree by each specific business registration type and failing to notify the provincial Department of Home Affairs.
c) Terminating provision of archiving services specified in the issued certificate.
4. Within 20 days from the date on which a record of the cases specified in point b clause 3 of this Article is made, the provincial Department of Home Affairs shall be responsible for issuing a decision to revoke the certificate of eligibility for provision of archiving services within its jurisdiction.
5. The archiving service provider has its certificate revoked shall assume responsibility for:
a) Safely and completely handing over archived dossiers and documents and database of archived documents to archiving service users as per law.
b) Protecting legitimate rights and interests of archiving service users as per law.
Article 41. Public announcement of information on archiving service providers
Within 05 working days from the date of issuance, re-issuance or revocation of a certificate of eligibility for provision of archiving services, the provincial Departments of Home Affairs shall take responsibility for publicly announcing information on the national public service portal.
Chapter VIII
IMPLEMENTATION CLAUSES
Article 42. Effect
1. This Decree takes effect from July 21, 2025.
2. The Government's Decree No. 01/2013/ND-CP dated January 03, 2013 will cease to have effect from the effective date of this Decree.
Article 43. Transitional clauses
1. Within 36 months from the effective date of this Decree, authorities and organizations establishing databases of archived documents of the Fonds of the State shall update and complete their databases according to regulations in Articles 3, 4, 5, 6 and 7 of this Decree.
2. Within 24 months from the effective date of this Decree, authorities and organizations managing archived documents of the Fonds of the State shall be responsible for establishing, updating and using digitally archived document management systems having full functions specified in Articles 16, 17, 18, 19, 20, 21 and 22 of this Decree.
3. Within 60 months from the effective date of this Decree, authorities and organizations making backup copies of archived documents according to regulations of the 2011 Law on Archives shall invest in and upgrade systems, equipment and technologies serving production and management of backup documents in accordance with Article 26, Article 27, Article 28, Article 29, Article 30, Article 31, Article 32 of this Decree.
4. Within 90 days from the effective date of this Decree, authorities, organizations and individuals failing to comply with regulations in Article 38 of this Decree will be handled as per law.
Article 44. Responsibility for construction of specialized archives
1. Authorities and organizations archiving permanently archived documents of the Fonds of the State shall allocate resources for construction of archives in accordance with regulations in this Decree or lease technical infrastructure to safely and completely preserve archived documents and their databases in accordance with the law.
2. Authorities, organizations and individuals archiving documents archived for a certain period or privately archived documents shall be responsible for arranging space and providing equipment, technical infrastructure and software necessary for assurance of safety and integrity of archived documents and databases of archived documents in accordance with regulations of law.
Article 45. Implementation responsibilities
Ministers, Heads of ministerial authorities, Heads of Governmental authorities, Chairpersons of People's Committees of provinces and central-affiliated cities and relevant authorities, organizations and individuals shall be responsible for implementing this Decree./.
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