Preservation duration of records and materials in Vietnam under the Law on Archives 2024

Preservation duration of records and materials in Vietnam under the Law on Archives 2024 (Image from Internet)

Preservation duration of records and materials in Vietnam under the Law on Archives 2024

Archival materials are documents formed in the activities of agencies, organizations, individuals, families, lineages, and communities under political-social policies and are archived according to the provisions of the Law on Archives 2024 and other related laws. The determination of the retention period for documents should not be lower than the retention period prescribed by a competent authority.

According to Article 15 of the Law on Archives 2024, the retention periods for records and documents include permanent retention and temporary retention, specifically:

- Permanent retention records and documents include: Archival materials of special value; records and documents regarding guidelines, policies, strategies; national target programs, important national projects, key national projects; and other permanent retention records, documents as specified by related laws and competent authorities.

- Temporary retention records and documents are those not falling under the permanent retention category.

The retention period for records and documents specified in this clause is calculated by year, with a minimum of 02 years and a maximum of 70 years from the year the work is completed.

- In the case of records that have documents with different retention periods, the retention period for the record shall be determined according to the document with the longest retention period in the record.

- Ministries, ministerial-level agencies, the Supreme People's Court, the Supreme People's Procuracy, the State Audit shall specifically prescribe the retention period for records and documents within the sectors and fields under state management after obtaining opinions from the Ministry of Home Affairs. The head of an agency or organization shall prescribe specific retention lists and periods for records and documents formed during the activities of their agency, organization. The individuals assigned to process the work have the responsibility to specifically determine the retention period for records and documents.

Principles of archiving in Vietnam under the Law on Archives 2024

Archiving is an activity of preserving documents to maintain and promote the value of Archival materials, serving the career of building and protecting the nation, ensuring citizens' access to information. According to Article 4 of the Law on Archives 2024, archival activities must ensure the following principles:

- Ensure the leadership of the Communist Party of Vietnam; the centralized, unified management of the State; participation of society, agencies, organizations, individuals, families, lineages, communities.

- Ensure the objective of effectively promoting the value of Archival materials for national, ethnic interests, and the legal rights and interests of agencies, organizations, and individuals.

- Ensure the right to access information of citizens regarding Archival materials as prescribed by the Constitution and the law.

- Ensure openness, transparency, and proper authority according to the laws of Vietnam, compatible with international standards and practices.

- Manage Archival materials according to archival systems, combining territorial management, ensuring scientific, systematic, objective, comprehensive management, and historical continuity of Archival materials.

- Ensure the safety, integrity, and long-term preservation of Archival materials and implement preventive archiving of Archival materials.

Tran Trong Tin

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