How long is the archival practice certificate in Vietnam valid for? What are the procedures for re-issuance of the archival practice certificate when it expires?
- How long is the archival practice certificate in Vietnam valid for?
- In what cases is the archival practice certificate re-issued?
- What are the procedures for re-issuance of the archival practice certificate when it expires?
- What are the rights and obligations of a person who is issued with an archival practice certificate in Vietnam?
How long is the archival practice certificate in Vietnam valid for?
Pursuant to Decree No. 01/2013/ND-CP promulgated by the Government detailing: Management of e-archival documents; time limit of transferring archival documents to historical archives of the public security, defense, foreign affairs and other sectors; some special cases of using personal archival documents; and competence and procedures for grant and withdrawal of archival practice certificates.
Article 18 of Decree No. 01/2013/ND-CP has the following provisions:
Competence of issuance, re-issuance and withdrawal of archival practice certificates
1. An archival practice certificate is valid for 5 years from the date of its issuance and valid nationwide.
2. Directors of provincial Departments of Home Affairs shall issue, re-issue and withdraw archival practice certificates.
3. The Ministry of Home Affairs shall unify management and issuance of the blank prints of archival practice certificates.
Thus, the archival practice certificate, issued by the Directors of provincial Departments of Home Affairs, is valid for 5 years from the date of its issuance and valid nationwide.
During its validity period, the archival practice certificate can be valid nationwide.
How long is the archival practice certificate in Vietnam valid for? What are the procedures for re-issuance of the archival practice certificate when it expires?
In what cases is the archival practice certificate re-issued?
Pursuant to the provisions in Clause 1, Article 22 of Decree No. 01/2013/ND-CP, the cases of re-issuance of archival practice certificates are mentioned as follows:
Re-issuance of archival practice certificates
1. An archival practice certificate is re-issued in the following cases:
a. It expires;
b. Its practice content is added;
c. It is corrupted or lost.
Thus, the cases of re-issuance of archival practice certificates include:
- It expires;
- Its practice content is added;
- It is corrupted or lost.
At that time, if there is a need to continue using the practicing certificate, a person who is issued an archival practice certificate shall make an application for reissuance of the practicing certificate, which is stored at the provincial Department of Home Affairs where the certificate was issued.
What are the procedures for re-issuance of the archival practice certificate when it expires?
Pursuant to Decision No. 909/QD-BNV in 2021 announcing the amended and supplemented administrative procedures in the field of Clerical - Archives within the State management of the Ministry of Home Affairs.
Procedures for re-issuance of archival practice certificates upon expiration are now carried out in accordance with subsection III, Section 2, Part II of Administrative Procedures issued together with Decision No. 909/QD-BNV in 2021. To be specific:
Procedure | Content |
Application | - An application for re-issuance of the archival practice certificate; - The old archival practice certificate (unless the Certificate is lost); - Authenticated copies of diplomas, certificates and Certificate of working time in the field related to the content of application for additional practice (for the case of application for supplement of practice content). |
The order of execution | - Step 1: The individual directly submits the application file for re-issuance of the practice certificate, which is archived at the Department of Home Affairs of the province or centrally run city where the individual registers his/her permanent residence; - Step 2: The Department of Home Affairs checks the application and issues the Receipt Form; decide to re-issue the archival practice certificate as prescribed. |
Method | Individuals submit dossiers directly at the Department of Home Affairs of the province or centrally run city where the individual registers his/her permanent residence. |
Time limit for settlement | The time limit for re-issue of archival practice certificates is within 15 working days from the date of receipt of complete and valid dossiers. |
Subjects carrying out administrative procedures | Individuals wishing to re-issue the archival practice certificate. |
Agency carrying out administrative procedures | Department of Home Affairs of the province or city directly under the Central Government where the individual applies for the re-grant of the certificate of permanent residence registration. |
Results of administrative procedures | Archival practice certificate. |
Fees | Free of charge |
What are the rights and obligations of a person who is issued with an archival practice certificate in Vietnam?
Pursuant to Article 24 of Decree No. 01/2013/ND-CP as follows:
Rights and obligations of the person who is issued with archival practice certificate
1. Being entitled to conduct archival practice nationwide in accordance with law.
2. Practicing within the scope of the issued archival practice certificate.
3. Not being permitted to arbitrarily erase, correct, and let other person to rent or borrow the archival practice certificate.
4. Producing the certificate and abiding by requirements on inspection and examination as requested by competent agencies.
Thus, according to the above provisions, the person who is issued with archival practice certificate has a total of 04 rights and obligations. To be specific:
- Being entitled to conduct archival practice nationwide in accordance with law.
- Practicing within the scope of the issued archival practice certificate.
- Not being permitted to arbitrarily erase, correct, and let other person to rent or borrow the archival practice certificate.
- Producing the certificate and abiding by requirements on inspection and examination as requested by competent agencies.
LawNet