Components of electronic administrative procedure records submitted to the agency Archives in Vietnam

Components of electronic administrative procedure records submitted to the agency Archives in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On August 31, 2023, the Minister of Home Affairs of Vietnam issued Circular 13/2023/TT-BNV guiding the storage of electronic administrative procedure records.

Components of electronic administrative procedure records submitted to the agency Archives in Vietnam

Specifically, Article 3 of Circular 13/2023/TT-BNV regulates the composition of electronic administrative procedure documents submitted as follows:

(1) Digitized documents from papers and documents submitted by agencies, organizations and individuals to carry out administrative procedures specified in Article 4 of Circular 01/2023/TT-VPCP, specifically including:

(i) Documents are components of documents that organizations and individuals submit to carry out administrative procedures, including the following types:

+ Document components are the results of previous administrative procedures;

+ Document components must be digitized according to specialized laws;

+ Document components that need to be digitized according to management requirements are determined in the Decision of the Minister, Head of ministerial-level agencies, Government agencies, and Chairman of the Provincial People's Committee;

+ Document components are not of the type mentioned in Points a, b, c, Clause 1, Article 4 of Circular 01/2023/TT-VPCP and are digitized
according to the needs of organizations and individuals during the implementation of administrative procedures.

The above documents are submitted in one of the following forms: original; Electronic copies are issued from the original book; Electronic copy certified from the original; The electronic copy has the original for comparison during the process of handling administrative procedures.

(ii) Results of verification, verification, and responses to opinions of participating agencies and units in the process of resolving administrative procedures, unless otherwise prescribed by specialized laws.

(iii) Resolution results of valid administrative procedures as prescribed in Article 25 of Decree 45/2020/ND-CP.

(iv) Do not digitize papers and documents:

+ Having been shared as data by national databases, specialized databases, National Public Service Portal, information system for handling administrative procedures at ministerial and provincial levels and hving legal value;

+ Documents that are part of the dossier for handling administrative procedures are submitted in the form of photocopies and certified copies, except for electronic copies that are certified from the originals as prescribed in (i);

+ Papers and documents are only required to be presented when submitting administrative procedures;

+ Confidential papers and documents according to the provisions of law.

(2) Electronic documents submitted by agencies, organizations and individuals through the National Public Service Portal, Ministerial and Provincial Public Service Portals and electronic documents created in the process of resolving administrative procedures at the competent authority.

(3) Specification data of electronic documents specified in (1), (2) and opinions of individuals in the process of resolving administrative procedures on the information system for handling administrative procedures at ministerial and provincial levels (if any).

Time limit for electronic administrative procedure records to be deposited in the agency Archives in Vietnam

Electronic administrative procedure records are submitted to the Agency Archives on the basis of connection between the information system for handling administrative procedures at ministerial and provincial levels and the electronic document management system.

In particular, electronic administrative procedure records are submitted to the Agency Archives for a period of 01 year from the date the work ends.

In addition, electronic administrative procedure records submitted to the Agency Archives must have the correct composition, structure, and format as prescribed in Circular 13/2023/TT-BNV and Article 7 of Decree 01/2013/ND-CP.

(Article 5 of Circular 13/2023/TT-BNV)

More details can be found in Circular 13/2023/TT-BNV taking effect on October 15, 2023.

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